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Court Tosses Rule for Pilots to Obtain Type Rating to Fly Planes

Jan. 25, 2023, 5:05 PM

A new rule adopted by the Federal Aviation Administration modifying the requirements for pilots to receive a certificate to fly specific types of planes must be set aside, the Fifth Circuit said.

The rule, which was adopted as a memorandum, was doomed by the FAA’s failure to subject it to the notice and comment requirements for legislative rules, the opinion by Judge James L. Dennis said Tuesday.

Pilots can obtain an airline transport pilot certificate, which enables them to fly for commercial airlines, and a separate type rating, which authorizes them to fly specific complex aircraft like a 737.

Flight ...