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Mon, Oct 01, 2007

FAA Publishes Final Rule Amending Commuter Ops

Rule Became Effective September 27, 2007.

The Federal Aviation Administration (FAA) is making a minor technical change to a final rule, Commuter Operations and General Certification and Operations Requirements. This final rule established the requirements for certain management officials for certificate holders. In the final rule the FAA unintentionally included an incorrect experience requirement for the Director of Maintenance for commuter and ondemand operators. This amendment corrects that experience requirement.

SUPPLEMENTARY INFORMATION

On December 20, 1995 (60 FR 65832), the FAA published a final rule in the Federal Register, better known as ‘‘the commuter rule’’, that established the requirements for certain management officials in parts 121 and 135. Although the FAA clearly stated in the preamble to this final rule that ‘‘In addition to other requirements, these candidates will have to have three years of experience (within their respective fields) within the past six years to be eligible for a Director position,’’ the specific years of experience in the rule language in part 135 was incorrect. The part 121 experience requirement of § 119.67 correctly states this ‘‘3 years within 6 years’’ experience requirement; however the part 135 requirement in § 119.71 was incorrectly stated as ‘‘3 years within 3 years.’’ By petition for rulemaking dated September 5, 2007, the Regional Air Cargo Carriers Association (RACCA) asked the FAA to correct this technical error. The RACCA correctly pointed out that it makes no sense to have an experience requirement in part 135 that is more stringent than the same requirement in part 121.

FMI: www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&d=FAA-2007-0875-0001

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