7/2/13 AC 61-138
5. RELATED GUIDANCE. See Appendix 3.
6. BACKGROUND.
a. Aviation Rulemaking Committee (ARC). The Federal Aviation Administration (FAA)
published an Advanced Notice of Proposed Rulemaking (ANPRM), New Pilot Certification
Requirements for Air Carrier Operations, on February 8, 2010. In response to the ANPRM, the
FAA Administrator chartered the First Officer Qualifications (FOQ) Aviation Rulemaking
Committee (ARC) on July 16, 2010.
b. FOQ ARC Background. The ARC was chartered to develop recommendations
regarding rulemaking on the flight experience and training requirements of a pilot prior to
operating as a first officer in part 121 air carrier operations.
(1) The FOQ ARC was composed of subject matter experts (SME) from nine
organizations. The organizations were Regional Airline Association (RAA), Aviation
Accreditation Board International (AABI), National Business Aviation Association (NBAA),
National Air Disaster Alliance/Foundation (NADA/F), Aircraft Owners and Pilots Association
(AOPA), Air Line Pilots Association, International (ALPA), The Coalition of Airline Pilots
Associations (CAPA), Pilot Career Initiative (PCI), and Air Transport Association of America,
Inc. (ATA).
(2) The ARC members’ expertise included significant levels of experience in air carrier
operations; development, implementation, and management of pilot training and qualification
programs; the establishment of pilot training and qualification standards at the domestic and
international level; and public advocacy for aviation safety. The FOQ ARC members determined
that there is a knowledge and experience gap when comparing the training a pilot receives for a
commercial pilot certificate to the competencies required of a part 121 first officer.
c. Public Law (P.L.) 111-216. On August 1, 2010, President Obama signed into law the
Airline Safety and Federal Aviation Administration Extension Act of 2010 (P.L. 111-216).
Section 217 of the Act required the FAA to modify the requirements of an ATP certificate, as
issued under part 61. Specifically, to be qualified to receive an ATP certificate, the pilot should
have received flight training, academic training, or operational experience that will prepare a
pilot, at a minimum, to function effectively in a multipilot [multicrew] environment; function
effectively in adverse weather conditions; function effectively during high altitude operations;
adhere to the highest professional standards; and function effectively in an air carrier
environment. This section also required the Administrator to determine an appropriate amount of
experience in difficult operational conditions that should be required to be eligible for the
issuance of an ATP certificate.
d. Addressing the Knowledge Gap. Though P.L. 111-216 focused primarily on
modifications to the certification requirements for an ATP certificate, the knowledge gap
identified by the FOQ ARC remained relevant as both initiatives focused on enhancing the
qualifications and training for pilots that desire to work in an air carrier environment. The FAA
has determined this knowledge gap extends to pilots beyond part 121 air carrier operations to
also include pilots that are required by regulation to hold an ATP certificate (§§ 91.1053 and
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