61.77 Non US Citizen Pilots
CFR Part 61 Pilot Certification Requirements
§ 61.77 Special purpose pilot authorization: Operation of U.S.-registered civil aircraft leased by a person who is not a U.S. citizen.
(a)
General.
The holder of a foreign pilot license issued by a contracting State to the Convention on International Civil Aviation who meets the requirements of this section may be issued a special purpose pilot authorization by the Administrator for the purpose of performing pilot duties—
(1) On a civil aircraft of U.S. registry that is leased to a person who is not a citizen of the United States, and
(2) For carrying persons or property for compensation or hire on that aircraft.
(b)
Eligibility.
To be eligible for the issuance or renewal of a special purpose pilot authorization, an applicant must present the following to an FAA Flight Standards District Office:
(1) A current foreign pilot license that has been issued by the aeronautical authority of a contracting State to the Convention on International Civil Aviation from which the person holds citizenship or resident status and that contains the appropriate aircraft category, class, instrument rating, and type rating, if appropriate, for the aircraft to be flown;
(2) A current certification by the lessee of the aircraft—
(i) Stating that the applicant is employed by the lessee;
(ii) Specifying the aircraft type on which the applicant will perform pilot duties; and
(iii) Stating that the applicant has received ground and flight instruction that qualifies the applicant to perform the duties to be assigned on the aircraft.
(3) Documentation showing when the applicant will reach the age of 60 years (an official copy of the applicant's birth certificate or other official documentation);
(4) Documentation that the applicant meets the medical standards for the issuance of the foreign pilot license from the aeronautical authority of the contracting State to the Convention on International Civil Aviation where the applicant holds citizenship or resident status;
(5) Documentation that the applicant meets the recent flight experience requirements of this part (a logbook or flight record); and
(6) A statement that the applicant does not already hold a special purpose pilot authorization; however, if the applicant already holds a special purpose pilot authorization, then that special purpose pilot authorization must be surrendered to either the FAA Flight Standards District Office that issued it, or the FAA Flight Standards District Office processing the application for the authorization, prior to being issued another special purpose pilot authorization.
(c)
Privileges.
A person issued a special purpose pilot authorization under this section—
(1) May exercise the privileges prescribed on the special purpose pilot authorization; and
(2) Must comply with the limitations specified in this section and any additional limitations specified on the special purpose pilot authorization.
(d)
General limitations.
A special purpose pilot authorization is valid only—
(1) For flights between foreign countries or for flights in foreign air commerce within the time period allotted on the authorization;
(2) If the foreign pilot license required by paragraph (b)(1) of this section, the medical documentation required by paragraph (b)(4) of this section, and the special purpose pilot authorization issued under this section are in the holder's physical possession or immediately accessible in the aircraft;
(3) While the holder is employed by the person to whom the aircraft described in the certification required by paragraph (b)(2) of this section is leased;
(4) While the holder is performing pilot duties on the U.S.-registered aircraft described in the certification required by paragraph (b)(2) of this section; and
(5) If the holder has only one special purpose pilot authorization as provided in paragraph (b)(6) of this section.
(e)
Age limitation.
Except as provided in paragraph (g) of this section, no person who holds a special purpose pilot authorization issued under this part, and no person who holds a special purpose pilot certificate issued under this part before August 4, 1997, shall serve as a pilot on a civil airplane of U.S. registry if the person has reached his or her 60th birthday, in the following operations:
(1) Scheduled international air services carrying passengers in turbojet-powered airplanes;
(2) Scheduled international air services carrying passengers in airplanes having a passenger-seat configuration of more than nine passenger seats, excluding each crewmember seat;
(3) Nonscheduled international air transportation for compensation or hire in airplanes having a passenger-seat configuration of more than 30 passenger seats, excluding each crewmember seat; or
(4) Scheduled international air services, or nonscheduled international air transportation for compensation or hire, in airplanes having a payload capacity of more than 7,500 pounds.
(f)
Definitions.
(1)
International air service,
as used in paragraph (e) of this section, means scheduled air service performed in airplanes for the public transport of passengers, mail, or cargo, in which the service passes through the air space over the territory of more than one country.
(2)
International air transportation,
as used in paragraph (e) of this section, means air transportation performed in airplanes for the public transport of passengers, mail, or cargo, in which service passes through the air space over the territory of more than one country.
(g)
Delayed pilot age limitations for certain operations.
Until December 20, 1999, a person may serve as a pilot in the operations specified in paragraph (e) of this section after that person has reached his or her 60th birthday, if, on March 20, 1997, that person was employed as a pilot in any of the following operations:
(1) Scheduled international air services carrying passengers in nontransport category turbopropeller-powered airplanes type certificated after December 31, 1964, that have a passenger-seat configuration of 10 to 19 seats;
(2) Scheduled international air services carrying passengers in transport category turbopropeller-powered airplanes that have a passenger-seat configuration of 20 to 30 seats; or
(3) Scheduled international air services carrying passengers in turbojet-powered airplanes having a passenger-seat configuration of 1 to 30 seats.
(h)
Expiration date.
Each special purpose pilot authorization issued under this section expires—
(1) 60 calendar months from the month it was issued, unless sooner suspended or revoked;
(2) When the lease agreement for the aircraft expires or the lessee terminates the employment of the person who holds the special purpose pilot authorization;
(3) Whenever the person's foreign pilot license has been suspended, revoked, or is no longer valid; or
(4) When the person no longer meets the medical standards for the issuance of the foreign pilot license.
(i)
Renewal.
A person exercising the privileges of a special purpose pilot authorization may apply for a 60-calendar-month extension of that authorization, provided the person—
(1) Continues to meet the requirements of this section; and
(2) Surrenders the expired special purpose pilot authorization upon receipt of the new authorization.
(j)
Surrender.
The holder of a special purpose pilot authorization must surrender the authorization to the Administrator within 7 days after the date the authorization terminates.
[Doc. No. 25910, 62 FR 40901, July 30, 1997]
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