SECTION CURRENT RULE PROPOSED RULE FINAL RULE COMMENT

Transcription

1 13.19 Certificate action. (See also ) Certificate and management specifications action would give program managers the right to appeal an FAA suspension or revocation of their management specifications to NTSB. This is similar to the appeal process for 135 certificate holders subject to suspension/revocation. Currently, the FAA lacks the legislative authority to permit this appeal. Once Congress grants this authority, it is expected the FAA will implement the proposed changes to Special flight permits. Authorizes maintenance ferry flights, other special flights and for Part 121 and 135 operators a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements but are capable of safe flight for the purpose of flying aircraft to a base where maintenance or alterations are to be performed. Adds paragraph (c)(3) giving Part 91k Program Managers who maintain a continuous airworthiness maintenance program (CAMP) the same authority to conduct maintenance ferry flights as is currently held by Part 121 & 135 operators who maintain a CAMP Secondin-command qualifications. Exempts PICs and SICs of Part 121 & 135 operators from the requirements of Adds Part 91k program pilots to the exemption.

2 61.55 Secondin-command qualifications. Exempts PICs and SICs of Part 121 & 135 operators from the requirements of Adds Part 91k program pilots to the exemption Flight proficiency (d)Instrument Proficiency Check, does not address fractional ownership check airmen. Allows Part 91k program check airman the same authority as a Part 121 or 135 check airman to conduct instrument proficiency checks provided that both the check pilot and the pilot being tested are employees of that operator or fractional ownership program manager (e) Exempts pilots of Part 121 & 135 operations from the night takeoff and landing experience requirements and provides an alternate means of compliance with the experience requirements for certain other pilots (e)(3) Clarifies the existing night currency alternative and provides a second alternative (Part 142 flight simulator) means of compliance for pilots of turbine-powered aircraft that require more than one pilot and that meet additional experience requirements. Clarifies that this section applies to turbinepowered airplanes type certificated for more than one pilot and to pilots qualifying in each airplane type. Otherwise no changes from the NPRM. These alternatives have extensive additional experience requirements that must be met before they may be used.

3 61.58 Pilot-incommand proficiency check: Operation of aircraft requiring more than one pilot flight crewmember. Exempts Part 121, 125, 133, 135, & 137 pilots from this check. Adds Part 91k program pilots to the exemption from this check Additional aircraft ratings (other than on an airline transport pilot certificate). Allows Part 91k program ground and flight training to be used toward additional ratings as is currently permitted for Part 135 operators Flight proficiency. Allows Part 121 Proficiency Check or Part 135 Competency and PIC Instrument Check to satisfy Flight Proficiency requirements. Allows Part 91k training and checking to satisfy all the flight proficiency requirements that a Part 135 training and checking program satisfy, including ATPs and type ratings.

4 Aeronautical experience: Airplane category rating. Adds Part 91k to applicability. Part 91 - GENERAL OPERATING AND FLIGHT RULES Category II and III operations: General operating rules Category II and Category III manual. Exempts Part 121, 125, 129, & 135 certificate holders from the requirements of this section and requires operator s operations specifications to mandate appropriate rules and manuals. Adds Part 91k Management Specifications to applicability. This allows for approval of category II and III operations through Part 91K management specifications Inoperative instruments and equipment. Mandates use of an approved Minimum Equipment List (MEL) by Part 121 & 135 operators. Also mandates use of an approved MEL by Part 91k program aircraft.

5 Applicability. (Subpart E: Maintenance, Preventive Maintenance, and Alterations.) Exempts Part 121, 129 & 135 aircraft maintained under a CAMP from sections , , , , & Adds Part 91k aircraft maintained under a CAMP to this exemption Changes to aircraft inspection programs. Requires owner or operator to make changes to approved aircraft inspection program under (f)(4) when required by the FAA. Adds (subpart 91k) Aircraft Maintenance: Inspection Program to applicability. Changes shall make any changes to must make any changes. Otherwise, no substantive changes to the NPRM Applicability. Subpart F--Large and Turbine- Powered Multiengine Airplanes and Fractional Ownership Program Aircraft Describes allowable operations under Part 91 for Large and Turbine- Powered Multi-engine Airplanes. Adds introduction and paragraph (b)(10) to include applicability of this Part F (Large and Turbine- Powered Aircraft) to fractional ownership programs, their managers, owners and aircraft. Expands NPRM (b)(10) to prohibit a flight under a joint ownership arrangement under paragraph (b)(6) ((6) The carriage of company officials, employees, and guests of the company ), and specifies that For a flight under an interchange agreement under paragraph (b)(6) of this section, the exchange

6 of equal time for the operation must be properly accounted for as part of the total hours associated with the fractional owner's share of ownership Survival equipment for overwater operations. (See also ) Establishes 30 minutes flight time or 100 nautical miles from the nearest shore as the limit without specified overwater survival equipment. Adds provision (c) For a pressurized turbine powered aircraft operating at an altitude greater than feet. A person may elect not to comply with the overwater survival equipment provisions provided the flight does not proceed more than 30 minutes or 100 nautical miles from the nearest shore, whichever is greater. Amends paragraph (b)of the current rule to 30 minutes flight time or 100 nautical miles from the nearest shore, whichever is less, as the limit without specified overwater survival equipment. Replaced paragraph (c) in the NPRM with a provision to allow a fractional ownership program to apply for a deviation to the overwater survival equipment requirements. The Final Rule includes the words whichever is less in (b) to clarify that under the current rule the phrase within 30 minutes flying time or 100 nautical miles means whichever is the closest to shore.

7 Passenger briefing. Requires passenger briefing. For fractional program operations, substitutes passenger briefing requirement of Makes clear that briefings for Part 91k operations are governed by rather than Second in command requirements. Requires two pilots for large and turbojet aircraft. Refers designation of SIC for Part 91k operations from to (d) and SIC experience requirements to Subpart K Fractional Ownership Operations Applicability Defines operations subject to part 91k. Adds to NPRM: Requirement of two or more aircraft in a fractional ownership program (A key element of a fractional ownership program is the dry lease exchange provision that will mandate that two or more aircraft be available in the long term.) Allows fractional program manager to own, The FAA considers a long term lease to be equivalent to an ownership interest. Therefore, leasing is allowed under Part 91k. Any lease may not be smaller than the minimum 1/16 th share requirement for a subsonic aircraft, with the exception of helicopters which have a 1/32 nd standard.

8 in whole or in part, aircraft included in the dry lease aircraft exchange to supplement program operations. Defines Program Flight as a flight under Part 91k when one or more passengers or property designated by a fractional owner are on board the aircraft. Includes under program services: Employment, furnishing, or contracting of pilots and other crewmembers. and Application for and maintenance of management specifications and other authorizations and approvals. Deletes NPRM reference to a maintenance program manual. Specifies that provisions of Part 91k apply to any person who engages in an operation governed by Part 91k even if they do not have the management specifications required by It is the FAA s determination in this rule that a fractional ownership program is not an air carrier or commercial operation and that the program manager is not an operator subject to Part 119. Therefore, the citizenship requirements of Part 119 do not apply to these programs or to the program manager. For aircraft owners, Part 47 contains the requirements on citizenship for registration purposes. A foreign citizen may be an owner of a U.S. registered aircraft if he or she is a resident alien. Section 47.9 contains specific rules for corporations that are not U.S. citizens. As long as they comply with the Part 47 rules, fractional owners may be foreign citizens.

9 Part 91k Compliance date. Fractional programs operating before October 17, 2003, have until December 17, 2004, to obtain management specifications. The regulations are otherwise in full effect on November 17, Compliance dates were incorrectly reported in the Federal Register. The FAA has stated that any operator that conducted program flights on or before November 17, 2003, will have until February 17, 2005, to complete the transition to the new regulations. For any other program, full compliance with applicable regulations is required prior to the initiation of any program flights. The FAA is planning a formal notice to correct these dates in the Federal Register.

10 Management contract between owner and program manager. None Requires program manager to ensure program complies with Part 91k. Provides owners the right to inspect and audit records pertaining to operational safety including all logbooks and maintenance records. Makes the program manager the owner s agent with respect to the FAA. Changes NPRM wording regarding logbooks to those records required to show compliance with the management specifications and all applicable regulations. Retains program manager as the owner s agent but contract must acknowledge the FAA s right to contact owners directly when they deem it necessary Prohibitions and limitations Titled Owner s use of program aircraft Prohibits owner from common carriage for compensation or hire using program aircraft unless owner holds a Part 135 or 121 operating certificate. Allows compensation to owners as permitted by and Limits owner s flight hours to those associated with the owner s share of ownership. Prohibits owner from carrying persons or property for compensation or hire on a program flight except as provided for by and in other words, no Part 135 or 121 operations using program flights. Prohibits the sale or lease of an aircraft interest in a fractional program that is smaller than 1/16 th for fixed wing and 1/32 nd for rotorcraft unless flights associated with that interest are operated under Part 121 or 135 by an operator certificated

11 under Part Flights conducted under Part 121 or Part 135 of this chapter. Titled Advance notice of nonprogram aircraft substitution. Requires program manager to make an effort to notify the fractional owner prior to flight of a non-program aircraft substitution and provide the name of the person supplying the substitute aircraft. Requires non-program aircraft used as a substitute to be operated in compliance with Part 121 or 135 and the fractional owner to be informed as to under what Part the flight is being conducted. New paragraph (b) makes it clear that a program manager may conduct a flight under part 121 or 135, either at his own election or at the request of a fractional owner, only if the program manager holds a part 119 certificate authorizing those operations. In this case a program manager is no longer acting as a program manager, but instead is a certificate holder who is in operational control of that flight. A fractional owner s aircraft could be used in an operation under part 121 or 135, if it is dry leased to a part 119 certificate holder and authorized in that

12 certificate holder s operations specifications. That certificate holder must conduct the operation under the operating rules of part 121 or 135, as appropriate. The contract should make clear that when a program aircraft is not available, a non-program aircraft will be provided that will be operated under Part 121 or 135. OPERATIONAL CONTROL Clarification of operational control. Titled Clarification of when owner is in operational control. Defines owner s operational control as limited to when owner has directed that a program aircraft carry passengers or property designated by the owner and the aircraft is in fact carrying such passengers or property. No changes except the title. Fractional owners may use their own flight crew, provided the crew meets the requirements of the fractional program and Part 91k.

13 Operational control responsibilities and delegation. Titled Implications of owner being in operational control. States that for each program flight for which an owner has operational control (as defined in ) the owner is responsible for requirements of Part 91 including airworthiness and operations in connection with the flight. Permits delegation of some or all of the tasks associated with this responsibility to the program manager. When so delegating, both the owner and the program manager are responsible to the FAA for compliance. Same as NPRM with the addition of emphasis that the owner is ultimately responsible for safe operations and for complying with all applicable requirements etc; and that the owner and program manager are jointly and individually responsible for compliance. Adds paragraph (b) stating that management specifications, authorizations and approvals are issued to the program manager on behalf of the fractional owners collectively and these management specs, authorizations and approvals will not be affected by any change in ownership or a program aircraft, as long as the aircraft remains a program aircraft in the identified program.

14 Operational control briefing and acknowledgment. Titled Owner s understanding and acknowledgement of operational control responsibilities. Requires program manager to brief fractional owner, upon signing of initial, renewal or extension of a program management services contract, on the owner s operational control responsibilities. This section outlines those responsibilities and requires written acknowledgement. This acknowledgement must be made available to the owner, the owner s representative and the FAA. No substantive changes to the NPRM. FARs to emphasize that the fractional owner has the ultimate responsibility to ensure the safety of the operation and compliance with the rules. Owners have the right and the responsibility not only to choose a program and a program manager but also to ensure the tasks are completed in accordance with the regulations and contractual agreements. Enforcement of violations of the regulations could penalize the fractional owner, the program manager, or both, depending on the nature of the violation. Program Management Issuing or denying management specifications. Titled Manager s responsibility for ensuring compliance. Program manager will ensure owner compliance with Part 91k in program operations where the owner has operational control. Completely rewrites NPRM. Management specifications will be issued on behalf of the fractional owners if the FAA finds the program manager is able to conduct safe operations and will be denied if program manager is found to be inadequately equipped or unable to conduct safe operations.

15 Management specifications. (See also 13.19) Lists specific items required in management specifications, where the management specifications and list of owners may be kept, and who must be kept informed of the provisions of the management specifications. Removed a reference to 13.19; otherwise, no changes to NPRM Amending program manager s management specifications. Sets forth procedures for the FAA or the program manager to initiate an amendment to management specifications. Also sets forth an appeal procedure and an emergency amendment authority and procedure. No substantive changes to the NPRM Conducting tests and inspections. Authorizes the FAA at any time or place to conduct an inspection or test, other than an enroute inspection, to determine compliance with applicable regulations and the program management specifications. Mandates that program records be made available to the FAA for inspection and failure to do so constitutes grounds for suspension of all or part of management specifications. Allows for an approved place other than the principal base of operations for inspection of management specifications and limits records required to be presented for inspection to records required by or necessary to demonstrate compliance with this subpart. Otherwise, no substantive changes to the NPRM. Enroute inspections are only required of Part 121 and commuter operations, not on-demand 135 operations, and will, therefore, not be required of fractional program operations.

16 Internal safety reporting and incident/accident response. Titled Internal safety reporting. Requires an internal, anonymous safety reporting procedure without any potential for retribution and requires establishment of procedures to respond to an aviation incident/accident. No substantive changes to the NPRM Program operating manual requirements. Requires that program managers prepare and keep current an operating manual acceptable to the FAA, that the manuals be used by management, flight, ground and maintenance personnel and that the FAA may authorize deviations from the manual requirements based on the limited size of an operation. A copy of the manual must be kept at the principal base of operations and may not be contrary to U.S. or applicable foreign regulations or management specifications. Appropriate portions of this manual must be made available to maintenance and ground operations personnel, flight crews, and the FAA and carried in program aircraft. This manual may be printed or in some other form as long as it is retrievable in English. If a maintenance station has a copy of the Maintenance station is changed to facility and program managers with Part 121 or 135 operations may use the operating manual from such operations to meet the requirement of this Part provided the policies and procedures are consistent for both operations and when different the applicable policies and procedures are identified and used. Otherwise, no substantive changes to the NPRM.

17 program operating manual, it is not required to carry the manual on board an aircraft enroute to such station Program operating manual contents. Details the required contents of the program operating manual. Allows for reduced runway operating length requirements beyond those otherwise permitted by Removes references to reduced runway operating length requirements found in the NPRM. Adds to the NPRM paragraph (o) Destination Airport Analysis items (7) Airplane inoperative equipment; (8) Environmental conditions; as items to be considered in the Destination Airport Analysis. Otherwise, no substantive changes to the NPRM.

18 Recordkeeping. Lists all records required to be kept by the program manager, the length of time each record must be maintained, the acceptable means of keeping each record and the alternative of satisfying these requirements with records required by Part 121 or 135 if the program manager is also certificated under one of those Parts. Expands pilot training records from initial and recurrent in NPRM to initial, transition, upgrade, differences and recurrent. Requires a current list of all fractional owners and associated aircraft sufficient to determine the minimum fractional ownership interest of each aircraft. Otherwise, no substantive changes to the NPRM (e) requires that the program manager provide a written document to be carried on each flight stating who is in operational control of that flight and under which FAA regulations the flight is being conducted Flight scheduling and locating requirements. Requires program manager to establish a system to schedule and release program aircraft. Requires the program manager to establish flight locating procedures and specifies minimum flight locating information that must be retained at the principal base of operations. No substantive changes to the NPRM.

19 Pilot in command or second in command: Designation required. Requires program manager to designate a PIC (and an SIC if flight requires two pilots) for a program flight, and the designated PIC must remain the pilot-incommand at all times during the flight. No substantive changes to the NPRM Operating information required. Lists required checklists and navigation charts that the program manager must make accessible to the pilot at the pilot station. No substantive changes to the NPRM Passenger awareness. Describes and mandates passenger briefings on smoking, use of safety belts/shoulder harnesses, and child restraint systems; emergency and survival equipment; emergency procedures; and when and how these briefings must be made. Requirement to brief passengers on whether flight is a program flight or a commercial operation under Part 121 or 135. Changes the notification requirement in paragraph (c) to just the name of the entity in operational control of the flight. Removes the relief from making briefings on every leg of the flight found in paragraph (g) of the NPRM. Otherwise, no substantive changes to the NPRM.

20 The required briefings do not have to be made if the passengers have been briefed on a previous leg of a flight in the same aircraft Large transport category airplanes: Turbine enginepowered; Limitations; Destination and alternate airports. (See also and ) Specifies maximum takeoff weight of a turbine engine powered large transport category airplane based on takeoff weight, enroute fuel and oil consumption and landing density altitude. (b) Also limits takeoff weight to a landing weight that would allow a full stop landing at the intended destination airport within 85 percent of the effective length of the most suitable runway (as described in paragraph (b).) Permits a program airplane to take off at a weight in excess of that allowed by the runway margin in paragraph (b) if permitted in an approved Destination Airport Analysis in that person s program operating manual and an alternate airport meeting the criteria of paragraph (d) of this section is selected. (The excess amount is unspecified in the NPRM.) (b)changes the destination airport requirement to 60 percent of the effective length of the most suitable runway as defined in (c)specifies that a Destination Airport Analysis may extend the landing distance to 80 percent of the effective length. (d) Limits landing distance at an alternate to 80% of the effective runway length. Limits wet/slippery effective runway length to 115% of the required dry runway length required in paragraph (b) or (c) as appropriate.

21 (d) Limits landing distance at an alternate to 85% of the effective runway length as well. Limits wet/slippery effective runway length to 115% of the required dry runway length IFR takeoff, approach and landing minimums. To begin an instrument approach, either the destination airport or the alternate must have an approved weather reporting facility and the current local altimeter for the destination must be available from the weather reporting facility or from the facility designated on the approach chart. For flight planning purposes, if the destination airport does not have a weather reporting facility an alternate with a weather reporting facility must be designated. Increases landing minimums by 100 feet (MDA or DH) and ½ mile (landing visibility) for each pilot in command of a turbine powered aircraft who has not served at least 100 hours as pilot in command in that type of aircraft. The FAA has amended the regulatory language to impose a takeoff limit of 600 feet for fractional ownership program operations, without specifying the method for determining the visibility. Management specifications and other guidance will provide the weather reporting requirements and other criteria for determining visibility in conducting takeoffs in these conditions. Otherwise, no substantive changes to the NPRM. Fractional ownership operations currently have no weather reporting requirements at the destination airport. The final rule provides an alternative means to enable an operator to plan and conduct a flight under IFR to a destination airport that does not have weather reporting and to initiate and conduct an instrument approach at that airport. It does not prohibit an operator from conducting a flight to that airport under VFR. Designation of an alternate airport is not required if the approach can be conducted under VFR.

22 A takeoff alternate within one hour s cruising time in still air must be available if the departure airport weather is below landing minimums Aircraft proving and validation tests. (e) Each pilot making an IFR takeoff or approach and landing at an airport must comply with applicable instrument approach procedures and take off and landing weather minimums prescribed by the authority having jurisdiction over the airport. In addition, no pilot may, at that airport, take off when the visibility is less than 600 feet as reported by an approved weather reporting facility or in the absence of such a facility as determined by the pilot in command. Titled Aircraft proving tests. Requires 25 hours of proving tests including 5 hours of night time, 5 instrument approaches (simulated or actual) and Entry into a representative number of enroute airports as determined by the Administrator. Passengers may not be carried on proving runs but pilot training may be conducted. Deviations from this section may be authorized if the FAA finds Proving runs adds Validation Testing. Validation testing is required when (1) adding an aircraft requiring two pilots or a turbojet if that aircraft or an aircraft of the same make or similar design has not been previously proved or validated; (2) for operations outside U.S. airspace; (3) for Class II navigation authorizations; (4) for special performance or Proving tests under Part 91k will be required even if the aircraft has already had proving tests under Part 121 or 135! The FAA will consider on a case-by-case basis modifying the test requirements including the use of non-flying table-top exercises based on previously approved Part 121 or 135 operations and for companies that have been operating safely under

23 Additional equipment requirements. that special circumstances make full compliance unnecessary. Requires program aircraft on a program flight to be equipped with (a) a cockpit voice recorder, (b) a flight recorder, (c) a ground proximity warning system, (d) a terrain awareness and warning system, (e) a traffic alert and collision avoidance system, and (f) either an airborne thunderstorm detection system or an airborne weather radar system, conforming to Part 121 or 135. operational authorizations. Competence and compliance may be demonstrated without an actual flight when acceptable to the FAA. Proving tests and validation tests may be accomplished simultaneously when appropriate. Otherwise, no substantive changes to the NPRM. The final rule has been rewritten to clarify which equipment rules apply to which aircraft. Aircraft requirements are now specified rather than simply referring to Part 121 or Part 135. Aircraft that have more than 30 seats or a payload capacity of more than 7,500 pounds must follow the same equipment standards and applicable regulations as for supplemental operations conducted under part 121. Aircraft that have a passenger-seat Part 91. According to the Federal Register remarks, In most cases the applicant will not be required to conduct an actual flight to validate the aircraft (of similar design to a previously approved aircraft). However, the FAA will conduct an in-depth review of the applicant s proposed procedures, training programs, manuals, facilities and maintenance programs relevant to the new aircraft. The only delayed compliance time provided in the Part 121 and 135 rules is for the installation of terrain awareness and warning systems, which are required by March 29, For existing fractional ownership programs, the other equipment must be installed on or before the compliance date for the final rule of December 17, 2004.

24 configuration of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or less, and any rotorcraft must follow the same equipment standards and applicable regulations as for on-demand operations conducted under part 135. The only delayed compliance time provided in the part 121 and 135 rules is for the installation of terrain awareness and warning systems, which are required by March 29, For existing fractional ownership programs the other equipment must be installed on or before the compliance date for the final rule December 17, 2004.

25 Requires a drug and alcohol misuse education program be provided to each direct employee performing flight crew member, flight attendant, flight instructor or aircraft maintenance duties Drug and alcohol misuse education program. (See also and ) Requires owners and prospective owners be supplied with details of this education program. Allows emergency maintenance to be contracted out to a person not meeting the drug and alcohol misuse education requirements provided that no maintenance personnel are available that are subject to such a program, that the Drug Abatement Program Division is notified in writing within 10 days of the event and that copies of the notification are retained for two years. Defines emergency maintenance as maintenance that is not scheduled and was made necessary by a condition not discovered prior to departure for that location. Adds a requirement that the aircraft be reinspected by maintenance personnel who are subject to a drug and alcohol misuse education program when the aircraft is next at an airport where such maintenance personnel are available. Otherwise, no substantive changes to the NPRM. Allows an FAA-approved drug and alcohol misuse prevention program to be used to satisfy the misuse education requirements.

26 (a)requires all flight crews to meet the requirements of Requires the program manager to provide oversight of flight crews Personnel. (b)requires each program manager to employ at least three pilots per program aircraft, and states other factors that must be considered in determining adequate staffing. (c)requires program manager to publish pilot and flight attendant schedules sufficiently in advance to follow flight, duty and rest requirements of through (d)requires two pilots when passengers are on board any program aircraft. Amends NPRM paragraph (b) to require an adequate number of pilots per program aircraft instead of three pilots. Adds subparagraph to the staffing consideration factors (6) Single pilot operations, if authorized by deviation under paragraph (d) of this section. Otherwise, no substantive changes to the NPRM. Program managers may use either full or part time employees, direct or contract. Also, the FAA will consider the needs of program managers during temporary situations, such as when hiring the initial cadre staff for startups and for companies adding new aircraft types, or, for small companies, the time between when one pilot leaves and another one is hired. (e)requires trained personnel to be on duty to schedule and release program aircraft during all hours that such aircraft are available for program operations.

27 Pilot safety background check. Within 90 days of an individual beginning service as a pilot, the program manager must request FAA records, records from previous employers going back five years and motor vehicle driving records from the National Driver Register database. Deletes requirement to request motor vehicle driving record due to a lack of legislative authority to make such a requirement. Otherwise, no substantive changes to the NPRM. No background check is required for employees other than pilots. Should Congress grant the legislative authority necessary to implement the proposed NDR check, it is likely the FAA will issue a regulation requiring the check. Titled Flight crew experience Crewmember experience. Requires for all PICs a minimum of 1500 hours total flight time; SICs a minimum of 500 hours total flight time. For multi-engine turbine-powered fixed-wing and power lift aircraft: PIC- ATP and applicable type ratings; SIC - Commercial Pilot and instrument ratings; Flight Attendants- Appropriate training. No substantive changes to the NPRM. This rule discourages fractional owners from also acting as program pilots. For all other aircraft: PIC- Commercial Pilot and instrument ratings; SIC- Commercial Pilot and instrument ratings; Flight Attendants- Appropriate training. The FAA may grant deviations from the above requirements if they find the crew member has comparable experience and can

28 effectively perform their required functions Pilot operating limitations and pairing requirement. (a) Requires PIC to conduct all landings (if not performing check airman duties) under specified circumstances if the SIC has less than 100 hours of program flight time in the aircraft type. (b) Requires either the PIC or the SIC to have at least 75 hours of program flight time in the type aircraft to be flown. Allows the FAA to authorize a deviation in the management specifications under certain circumstances. Amends paragraph (a) deleting program hours and specifying 100 hours of SIC flight time in the aircraft make and model and, if a type rating is required in the type aircraft. Adds to the situations in which the PIC must make the landing: (1) Landings at the destination airport when a Destination Airport Analysis is required by (c). (c) Does not allow a flight crew member to be assigned in any capacity in a program operation to more than two aircraft types that require a separate type rating. Amends paragraph (b) deleting program hours and specifying that either the PIC or the SIC has 75 hours in the aircraft make and model and, if a type rating is required in the type

29 aircraft. Amends paragraph (c) to specify that No person may be assigned in the capacity of pilot in command in a program operation to more than two aircraft types that require a separate type rating Flight, duty and rest time requirements: All crewmembers. Titled Flight, duty and rest time requirements. (a) Defines Augmented flight crew, Calendar day, Duty period, Extension of normal duty, multitime zone flight, Planned expanded duty, reserve status, Rest period, and Standby. (b) Makes the program manager and the flight crew member responsible to ensure the requirements of this section are met. (c) Prohibits program manager from assigning any program duty during a rest period. (d) Time spent in transportation, not local in character, to or from an assignment is not part of a rest period. (a) Changes Extension of normal duty to Extension of flight time. Adds definition of flight attendant. Adds to the definition of Rest period A rest period does not include any time during which the program manager imposes on a flight crewmember or flight attendant any duty or restraint, including any actual work or present responsibility for work should the occasion arise. Adds to Standby Standby is not part of any rest period. (b) Adds the requirements of sections through to the assignment and flight The FAA has imposed a strict limitation on duty time. As written, it appears that no event (including weather rerouting or ATC delays) while airborne would permit a pilot to go beyond the 14-hour limitation. Rest and duty requirements for flight attendants must be complied with whenever a flight attendant is used whether required to be used or not.

30 (e) Allows continuation of a flight assignment beyond the planned flight time due to circumstances beyond the control of the program manager or the flight crew. (f) Requires 10 consecutive hours of rest in the 24-hour period preceding the planned completion of the assignment. (g) Requires 13 rest periods of at least 24 hours each calendar quarter. time requirements. (e) Limits the extension of flight time due to circumstances beyond control to not exceed the maximum time limits set forth in Deletes the NPRM paragraph (h) regarding extension of planned duty or flight time completely. (h) Requires approval of the program manager and concurrence of the flight crew to extend planned duty or flight time. (i) Authorizes a flight crew on standby status to decline a flight if, in the flight crew member s determination, it would not be safe to take the flight. (h) (NPRM para. (i)) Does not require a flight crewmember to be on standby status to decline an assignment. (i) Any rest period required by this subpart may occur concurrently with any other rest period. Adds paragraph (j) authorizing the use of Part 121 or 135 unscheduled flight, duty, and rest requirements in lieu of those in Part 91k.

31 Sets maximum pilot flight times of: Flight time limitations and rest requirements: One or two pilot crews. (a) (1) 500 hours in any calendar quarter; (2) 800 hours in any two consecutive calendar quarters; (3) 1,400 hours in any calendar year. (b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight, when added to any commercial flying by that flight crewmember, may not exceed (1) 8 hours for a flight crew consisting of one pilot; or (2) 10 hours for a flight crew consisting of two pilots qualified under this subpart for the operation being conducted. No substantive changes to the NPRM paragraphs (a) and (b) above. Changes paragraph (c) deleting all reference to Planned expanded duty and changes Extension of normal duty to Extension of flight time. Revises table. (See below.) (c) Sets out a table for Normal duty, Extension of normal duty, and Planned expanded duty.

32 Sets maximum pilot flight times of: (a) (1) 500 hours in any calendar quarter; (2) 800 hours in any two consecutive calendar quarters; (3) 1,400 hours in any calendar year Augmented flight crews. Sets out a table for Normal duty, and Planned expanded duty. (b) Requires that adequate sleeping facilities be installed on the aircraft for the pilots. Allows no more than 8 hours of flight deck duty in any 24 consecutive hours. Lists crew requirements for both 3- pilot and 4-pilot crews. (c) Revises table. (See below.) Duty periods and rest requirements: Flight attendants. (a) Sets forth flight attendant duty periods that may be extended if extra flight attendants in addition to the minimum flight attendant complement required for the flight(s) are carried. Rest periods may also be reduced provided Subsequent rest period is provided no later than 24

33 hours after the beginning of the Reduced rest period. (See table below.) Testing and training: Applicability and terms used. (a) Presents overview of Sections through (b) & (c) Authorize the alternative of using Part 121 or 135 training programs as applicable in lieu of Sections through (b)allows a program manager to use the flight crew member flight, duty and rest limitations of , , in lieu of (a) provided that one flight attendant is added for each additional pilot making up the augmented crew of a flight crew. Also rest facilities on board the aircraft are not required for the flight attendants. Adds (iii) Testing requirements of and (iv) Recurrent flight attendant testing requirements of to the conditions necessitating Requalification training. (d) Presents terms and definitions pertinent to this subpart. Otherwise, no substantive changes to the NPRM.

34 Initial and recurrent pilot testing requirements. Delineates the various items required on pilot initial and recurrent annual competency tests (checkrides). This section is virtually identical to Permits All or portions of this checkride to be given in an aircraft simulator or other appropriate training device if approved by the FAA. Permits the instrument proficiency check required by to be substituted for the competency check required by this section. Makes it clear that the required tests can be either written or oral, or a combination of both. Deletes the word calendar when referring to the month of beginning service. Otherwise, no substantive changes to the NPRM states Portions of a required competency check can be conducted in an aircraft simulator or other appropriate training device, does not specify All or portions Initial and recurrent flight attendant crewmember testing requirements. Delineates the various items required on flight attendant initial and recurrent annual competency tests. This section is virtually identical to Deletes the word calendar when referring to the month of beginning service. Otherwise, no substantive changes to the NPRM.

35 Flight crew: Instrument proficiency check requirements. Delineates the various items required on pilot instrument proficiency checkrides. This section is virtually identical to , except it does not authorize the use of an autopilot in lieu of a second-in-command. Requires the SIC of any aircraft to check with the procedures and maneuvers for a commercial pilot certificate with an instrument rating and, if required, for the appropriate type rating. Permits All or portions of this checkride to be given in an aircraft simulator or other appropriate training device if approved by the FAA. Requires the instrument proficiency check to show the standard of competency required by (d). Makes it clear that the required tests can be either written or oral, or a combination of both. Deletes the word calendar when referring to the month of beginning service. Otherwise, no substantive changes to the NPRM. The requirements of SICs are more restrictive under Part 91k than under Part 135. An editorial change is being made to the rule language to clarify that the requirements apply to a pilot in command of an aircraft that requires the PIC to hold an ATP and to a second in command of an aircraft that requires the SIC to hold a commercial pilot certificate.

36 Crewmember: Tests and checks, grace provisions, training to accepted standards. Allows a grace month both before and after the pilot s base month for all tests or checks. Permits additional training to be given during the course of the checkride on any failed maneuvers. This section is virtually identical to Allows computerized recordkeeping for training records. Adds a requirement that a pilot who is employed as a pilot for a 121, 125, or 135 certificate holder who fails a checkride under this Part notify that certificate holder of the unsatisfactory performance. Deletes the word calendar when referring to the month of the check. Otherwise, no substantive changes to the NPRM. The FAA is unable to address qualifications of an airman under Parts 121 and 135 in this rulemaking therefore it can only require a notification of a failed checkride at this time Training program: General. Allows a grace month both before and after the pilot s base month for recurrent training. This section is virtually identical to , except it adds a requirement for cockpit resource management training for all crew members; and for those programs in which a flight simulator has been approved the program manager must ensure that each pilot annually completes at least one flight training session in an approved simulator for at least one Changes cockpit resource management to crew resource management. Otherwise, no substantive changes to the NPRM.

37 program aircraft. The training session may be the flight training portion of any of the pilot training or check requirements of this subpart, including the initial, transition, upgrade, requalification, differences, or recurrent training, or the accomplishment of a competency check or instrument proficiency check. If there is no approved simulator for that aircraft type in operation, then all flight training and checking must be accomplished in the aircraft Training program: Special rules. Permits training by the program manager, another program manager, or a Part 142 certificated training center. This section is virtually identical to , substituting program manager for certificate holder. Adds to the list of persons allowed to conduct training under this Part, Part 119 certificate holders operating under Part 121 or 135, and any FAA-approved training center that is not certificated under Part142. The changes in the final rule provide relief for operators of aircraft that have no Part 142 training center available. This relief is not granted in

38 Training program and revision: Initial and final approval. It describes the procedure to obtain initial and final approval of a training program and how to obtain revisions and appeal FAA demands for revisions. This section is virtually identical to No substantive changes to the NPRM Training program: Curriculum. It requires the program manager to prepare and keep current a training curriculum for each type of aircraft operated and each crew position as well as specified ground and flight training. No substantive changes to the NPRM. This section is virtually identical to Crewmember training requirements. It requires specified initial and transition ground training; initial and transition flight training; recurrent ground and flight training; Upgrade training for SICs; and sufficient other training to ensure proficiency in each aircraft, crew position and operation in which the crew member serves; as well as qualifying in new equipment, facilities, procedures and techniques, including modifications to aircraft. No substantive changes to the NPRM.

39 This section is virtually identical to Crewmember emergency training. It requires emergency training for each aircraft type, model and configuration, each crewmember and each kind of operation appropriate to each crewmember and the program manager. No substantive changes to the NPRM. This section is virtually identical to Hazardous materials recognition training. Requires all program pilots to receive training in the recognition of hazardous materials prior to performing any assigned duties and responsibilities for the handling or carriage of HAZMAT. The NPRM limited this section to pilots, the final rule substitutes any person for any pilot. Otherwise, no substantive changes to the NPRM. The change from pilot to person exposes a much wider population of program employees to the training requirement. The FAA did not elaborate on this decision in the preamble and it is unknown whether or not additional training costs were considered by the agency. Also, it is unclear as to what specific duties might

40 require training Approval of aircraft simulators and other training devices. Permits aircraft simulators and other training devices to be used in the program manager s training program and specifies specific requirements for such simulators and devices. This section is virtually identical to No substantive changes to the NPRM Qualifications: Check pilots (aircraft) and check pilots (simulator). Defines check pilot (aircraft) and check pilot (simulator). Specifies the pilot certificates and training each check pilot must have. Allows a grace month for required flight segments or line observations of one month before and one month after the pilot s base month. This section is virtually identical to No substantive changes to the NPRM. A check pilot or flight instructor used by a program manager who is also a Part 121 or 135 certificate holder may be used under Part 91k. Where there are differences in the training and testing provisions of these programs, the check pilot or flight instructor must be trained and tested with respect to those differences.

41 Defines flight instructor (aircraft) and flight instructor (simulator). Specifies the pilot certificates and training each flight instructor must have Qualifications: Flight instructors (aircraft) and flight instructors (simulator). Allows a pilot who does not hold a medical certificate to function as a flight instructor in an aircraft provided he is functioning as a non-required crew member. Allows a grace month for required flight segments or line observations of one month before and one month after the pilot s base month. No substantive changes to the NPRM. This section is virtually identical to

42 This section is virtually identical to Delineates the specialized training required to qualify as a check pilot Initial and transition training and checking: Check pilots (aircraft), check pilots (simulator). Requires observation of the check pilot conducting a proficiency or competency check every 24 months by an FAA inspector or an aircrew designated examiner employed by the program manager. No substantive changes to the NPRM. Allows a grace month for the observation check of one month before and one month after the pilot s base month. This section is virtually identical to Initial and transition training and checking: Flight instructors (aircraft), flight instructors (simulator). Delineates the specialized training required to qualify as a flight instructor. Requires observation of the flight instructor conducting instruction every 24 months by an FAA inspector, a program check pilot or an aircrew designated examiner employed by the program manager. No substantive changes to the NPRM. Allows a grace month for the observation check of one month