(a) Applicability. The operations familiarization requirements in paragraph (b) of this section apply to all persons newly hired by the certificate holder to serve as a pilot in part 121 operations and who began the certificate holder's basic indoctrination ground training on or after April 27, 2022. The requirements in paragraph (b) of this section also apply to all certificate holders required to comply with this subpart, except for those certificate holders operating under part 135 of this chapter that have been authorized to comply with this subpart instead of the requirements of part 135, subparts E, G, and H, pursuant to §135.3(c), and those fractional ownership program managers operating under part 91, subpart K, of this chapter that have been authorized to comply with this subpart instead of §§91.1065 through 91.1107, pursuant to §91.1063(b) of this chapter.

(b) Operations familiarization requirements.

(1) No certificate holder may use, and no person may serve as, a pilot in operations under this part unless that person has completed the operations familiarization required by this paragraph (b). Operations familiarization may be completed during or after basic indoctrination training, but must be completed before the pilot begins operating experience under §121.434.

(2) Operations familiarization must include at least two operating cycles conducted by the certificate holder in accordance with the operating rules of this part.

(3) All pilots completing operations familiarization must occupy the observer seat on the flight deck and have access to and use an operational headset.

(c) Deviation.

(1) A certificate holder who operates an aircraft that does not have an observer seat on the flight deck may submit a request to the Administrator for approval of a deviation from the requirements of paragraphs (a) and (b) of this section.

(2) A request for deviation from any of the requirements in paragraphs (a) and (b) of this section must include the following information:

(i) The total number and types of aircraft operated by the certificate holder in operations under this part that do not have an observer seat on the flight deck;

(ii) The total number and types of aircraft operated by the certificate holder in operations under this part that do have an observer seat on the flight deck; and

(iii) Alternative methods for achieving the objectives of this section.

(3) A certificate holder may request an extension of a deviation issued under this section.

(4) Deviations or extensions to deviations will be issued for a period not to exceed 12 months.

[Amdt. 121-382, 85 FR 10925, Feb. 25, 2020]