Axton 2016

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U.S. Department of Transportation Federal Aviation Administration JUL - 6 2lH6 Greg Axton 540 SW Yacht Basin Way Stuart, FL 34997 Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591

Re: Clarification of the Endorsement Requirement of 14 C.F.R. §§ 61.55(d)

Dear Mr. Axton:

This is in response to your letter dated January 27, 2016, in which you sought clarification of 14 C.F.R. § 61.55(d), which provides for the issuance of a type rating for second-incommand (SIC) privileges when a person completes the SIC pilot familiarization training under§ 61.55(b).

Under § 61.55(d), a person may receive a SIC pilot type rating for an aircraft after satisfactorily completing the SIC familiarization training requirements under§ 61.55(b) in that type of aircraft, provided the training was completed within the 12 calendar months before the month of application for the SIC pilot type rating. Section 61.55(d)(l) requires the person who provided the training to sign the applicant's logbook or training record after each lesson in accordance with§ 61.51(h)(2). 1 In lieu of the trainer,§ 61.SS(d)(l) permits a qualified management official within the trainer's organization to sign the applicant's training records or logbook. Additionally,§ 61.55(d)(2) requires the trainer or qualified management official to make an endorsement in the applicant's logbook and§ 61.55(d)(5) requires the person who provided the training to the applicant, or a qualified management official within the trainer's organization, to sign the "Instructor's Recommendation" section of the Aitman Certificate and/or Rating Application, FAA Form 8710-1 (8710 f01m). ____ _In..y_o_urJetter, yQU.ptesented a.s.cenario_and_askedJhre.e_questions. Jn your scenario, a qualified pilot in command (PIC) who holds an appropriate aircraft type rating administers the familiarization training required by § 6 l .55(b)(1) to an SIC pilot type rating applicant under part 91. The qualified PIC also serves as PIC to enable the applicant to meet the requirements of§ 61.55(b)(2). However, the qualified PIC who administered the ttaining does not hold a flight instrnctor certificate.

1 The reference to § 61.51 (h)(2) may cause confusion because § 61.51 (b)(2) references "authorized instructor." However, based on the plain language of the regulation and the explanation in the preamble, the FAA did not intend for pilots to obtain SIC familiarization training only from "authorized instructors." Rather than using the term "authorized instructor" in § 61.5 5(d), the FAA used the phrase "person who provided the training" and the term "trainer." The FAA intended the reference to § 61.51 (h)(2) in § 61.55(d)( 1) to require the trainer to specify the type and amount of training given in the logbook or trainfog record after each lesson. Second-inCommand Pilot Type Rating Final Rule, 70 Fed. Reg. 45264, 45265 (Aug. 4, 2005); Second-in-Command Pilot Type Rating NPRM, 69 Fed. Reg. 67258, 67259 (Nov. 16, 2004).

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The applicant may receive the familiarization training under§ 61.55(b) from a qualified PIC who holds a type rating in the aircraft,2 or an authorized flight instructor who holds the aircraft type rating on his or her pilot ce1tificate.3 Second-in-Command Pilot Type Rating, 70 FR 45264, 45265 (Aug. 4, 2005). The person who provided the training must sign the applicant's logbook and training records in accordance with paragraph (d)(l), provide the endorsement required by paragraph ( d)(2), and sign the 8710 form in accordance with paragraph (d)(5). Thus, in the scenario you presented, the qualified PIC may sign the training records, make the required endorsement, and sign the 8710 form even though he or she does not hold a flight instrnctor certificate.

Additionally, in lieu of the person who provided the training, a qualified management official within the trainer's organization may sign the applicant's training records and make the required endorsement. The qualified management official must hold the position of Chief Pilot, Director of Training, Director of Operations, or another comparable management position within the trainer's organization and the management official must be in a position to verify the applicant's training records and that the training was given. 14 C.F.R. § 61.55(d)(l ). Therefore, if a qualified PIC of a pa1t 91 flight depa1tment provided the SIC familiarization training to the applicant, then either the qualified PIC or a qualified management official within that PIC's organization may sign the applicant's training records, provide the required endorsement, and sign the 8710 form, provided the qualified management official meets the requirements of paragraph (d)(l).

You also asked if an applicant who holds a flight instructor ce1tificate may sign their own training record, provide their own endorsement, and sign their own 8710 form. No. As we explained above,§ 61.55(d) requires the person who provided the training, or a qualified management official within that person's organization, to sign the applicant's training rncords or logbook, provide the required endorsement, and sign the 8710 form.4 We appreciate your patience and trust that the above responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared 2 14 C.F.R. § 61.31 (a) 3 14 C.F.R. §§ 6l.3 l (a) and 6l.195(b) 4 The FAA notes that, under § 6 l .195(i), a flight instructor shall not make any self-endorsement for a certificate, rating, flight review, authorization, operating privilege, practical test, or knowledge test that is required by this pa1t. The FAA' s concerns regarding self-endorsement apply equally to second-in-command training conducted under§ 61.55.

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by Katie Patrick, Attorney in the Regulations Division of the Office of the Chief Counsel, and coordinated with the General Aviation and Commercial Division of the Flight Standards Service.

Sincerely,

Lorelei Peter Assistant Chief Counsel for Regulations

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January 27, 2016 Lorelei Peter Assistant Chief Counsel for Regulations 800 Independence Avenue, SW Washington, DC 20591 To Whom It May Concern:

I am writing you requesting clarification on the required endorsement for a qualified airman to obtain a Second-in-Command type rating.

Scenario:

A pilot has met the requirements of FAR 61.55(a)(b)(c) inclusive, and has logged time flying domestic operations within the United States airspace. A current pilot-in-command appropriately rated in type, 4nder part 91 operations, administered the original familiarization required by 61.55(b)(l) a~1d acted as PIC to meet the requirements of 61.55(b)(2) by the candidate. That PIC does not hold a valid flight instructors rating.

At this poi:n·t the applicant is a current and qualified second-in-command in type. Three months after the initial qualification, the applicant would like to obtain a second-in-command type rating per 61.55(d) so as to conduct international operations.

Question 1:

Per FAR 61.55(d)(l) js it.permissible for a qualified management official in the part 91 flight department (Chief Pilot/Aviation.Manager) to sjgn the applicants training records, 8710 form, and make the required logbook endorsements to present to the FAA for the second-in-command type rating?

Question 2:

If a qualified management official is not allowed to make the required endorsement under this situation-;-wllatado1tiot1aJtraifltflg rne-quire-d-to-meet the requirements -of-6-I-:5 5(b)(1 )(2)? " .

Question 3:

If the applicant holds a valid flight instructors rating can they sign their own training record, 8710 form, and logbook endorsement in this scenario, where they currently meet the requirements of FAR 61.55(a)(b)(c)?

Please forward your response to: Greg.Axton 540 SW Y~cht Basin Way, Stua1t Fl 34997 or my . email at gaxton@aol.com .. Your response .is greatly appreciated. · Re~~~s, \} \'J . \~ lf-·I Greg"~xton Aviation Manager P. Kevin J11ffe E-mail gaxton@aoi.com Ph. 714-403-5550