[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8776]


[[Page Unknown]]

[Federal Register: April 13, 1994]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 61 and 141




Renewal of Flight Instructor Certificates; Final Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 141

[Docket No. 27184; Amdt. Nos. 61-95 and 141-5]
RIN 2120-AF13

 
Renewal of Flight Instructor Certificates

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) 
governing the renewal of flight instructor certificates by permitting 
holders of flight instructor certificates to renew their certificates 
by completing an approved number of hours of ground or flight 
instruction, or both, in an approved flight instructor refresher course 
(FIRC). The effect of this final rule will provide an equivalent level 
of safety while reducing the financial burden placed on individual 
flight instructors.

EFFECTIVE DATE: April 13, 1994.

FOR FURTHER INFORMATION CONTACT:
John Lynch, Regulations Branch (AFS-850), General Aviation and 
Commercial Division, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; Telephone (202) 267-8150.

SUPPLEMENTARY INFORMATION:

Availability of Final Rule

    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Public 
Affairs (APA-200), 800 Independence Avenue SW., Washington, DC 20591, 
or by calling the Office of Public Affairs at (202) 267-3484. 
Communications must identify the docket number of this amendment.

Background

    The decision to amend the specific number of hours of instruction 
that holders of flight instructor certificates must complete in an 
approved FIRC to renew their certificates originated from a petition 
for exemption submitted by the AOPA. The AOPA petitioned the Federal 
Aviation Administration (FAA) for exemption from Sec. 61.197(c) of the 
FAR to permit holders of flight instructor certificates to renew their 
certificates by attending an approved FIRC of 16 hours of ground or 
flight instruction, or both, in lieu of the current 24 hours required 
by Sec. 61.197(e). The AOPA fully described its rationale in its 
petition for exemption.
    The FAA agreed with the AOPA's rationale in its petition for 
exemption. There is a need to streamline current FIRCs to provide for a 
condensed weekend renewal program. The majority of certificated flight 
instructors maintain personal or professional responsibilities such 
that weekend renewal is a needed option for the maintenance of their 
certificate. The recent advances in instructional technology and 
training techniques more than compensate for a reduction in classroom 
time requirements. The innovative and interactive educational programs, 
such as the AOPA's ``Trigger Tapes'' and ``Operation Airspace'' 
facilitating learning at the application level, allow for a reduction 
in the amount of hours that holders of flight instructor certificates 
must complete in an approved FIRC to renew their certificates while 
maintaining the current level of safety.
    The FAA determined, however, that rulemaking was necessary to 
permit holders of flight instructor certificates to renew their 
certificates by attending an approved FIRC of fewer hours of ground or 
flight instruction, or both, than the 24 hours currently required by 
the FAR. Therefore, the FAA decided that the appropriate response to 
the AOPA's petition for exemption was to propose a change to the 
existing regulations. The FAA concluded that the current level of 
safety would be maintained and was appropriate in light of the recent 
advances in instructional technology and training techniques. In 
addition, the FAA determined that the option to specify the number of 
hours of instruction through an FAA approval, as part of the approved 
renewal program, will offer substantial benefits to the aviation 
community; specifically, it will eliminate the burden of the longer 24 
hour course, mitigate the current decline in instructional resources, 
and offer financial advantages to individual flight instructors. For 
example, approval of AOPA's 16 hour course will allow a 1 day reduction 
in travel expenses to individual flight instructors saving an average 
per diem cost of $100.
    The AOPA petition for exemption was published in the Federal 
Register on March 17, 1993 (58 FR 14466). The FAA received two comments 
on the petition of which both comments voiced support. After review of 
the petition and the submitted comments, the FAA concluded that while 
the petition had considerable merit, the AOPA was not unique in its 
position. Therefore, on September 17, 1993, the FAA issued Notice No. 
93-11 (58 FR 48748) that proposed to permit holders of flight 
instructor certificates to renew their certificates by completing an 
approved number of hours of ground or flight instruction, or both, in 
an approved FIRC.

Discussion of Public Comments

A. General

    The FAA received 47 comments in response to Notice No. 93-11, 
mostly from certified flight instructors (CFI's). The following 
organizations also submitted comments: Aircraft Owners and Pilots 
Association (AOPA), AOPA Air Safety Foundation, Arizona Pilots 
Association, Embry-Riddle Aeronautical University, Gaits Aviation 
Seminars, Inc., Hoffman Pilot Center, Inc., Richmor Aviation, Skylanes, 
Inc., and Wisconsin Department of Transportation.
    Thirty-three commenters, including the Arizona Pilots Association, 
Embry-Riddle Aeronautical University, Gaits Aviation Seminars, Inc., 
Skylanes, Inc., and the Wisconsin Department of Transportation support 
the proposal to amend Sec. 61.197(c) of the FAR by permitting holders 
of flight instructor certificates to renew their certificates by 
completing an approved number of hours of ground or flight instruction, 
or both, in an approved FIRC.
    Three commenters, including the AOPA and the AOPA Air Safety 
Foundation, indicate that while they agree with the proposal to amend 
the specific number of hours of instruction that holders of flight 
instructor certificates must complete in an approved FIRC to renew 
their certificates, they believe that 16 hours should be the minimum 
number of hours in an approved FIRC and that this minimum requirement 
should be written into the rule to avoid any misinterpretation. The FAA 
has determined that instructional technology and training techniques 
will continue to change and develop over time. Therefore, the FAA has 
concluded that the appropriate response is not to state the specific 
number of hours in the rule, which may change over time, but to address 
the standards and recommended number of hours required for an approved 
FIRC through an Advisory Circular that the FAA will develop to ensure 
that a high level of safety is maintained.
    Hoffman Pilot Center, Inc. and one other commenter are opposed to 
reducing the number of hours currently required in an approved FIRC. 
Hoffman believes that reducing the number of required hours in an 
approved FIRC to 16 hours is a marketing ploy rather than an accurate 
accounting for the changing information in the aviation industry. The 
other commenter believes the current 24-hour requirement is inadequate 
and that by going to a reduced number of hours in an approved FIRC 
would only serve to make the entire FIRC class ``one large video 
program.'' The FAA has determined that reducing the amount of hours 
that holders of flight instructor certificates must complete in an 
approved FIRC to renew their certificates will not have an adverse 
effect on safety. The FAA has concluded that the recent advances in 
instructional technology and training techniques allow for a reduction 
in the specific number of hours in an approved FIRC while maintaining 
the current level of safety.

B. Cost Impact

    One commenter feels that the FAA overestimated the value of flight 
instructor time; in the economic evaluation the FAA assumed that a 
flight instructor earned approximately $20 per hour, the commenter 
believes it is more like $11 per hour. The FAA has determined that 
while some flight instructors earn $11 per hour, other flight 
instructors earn $35 per hour. The FAA has concluded that on the 
average a flight instructor earns $20 per hour and that this is a 
reasonable number.

C. Recommendations

    Richmor Aviation and one other commenter agree with the proposal to 
allow for approval of the number of hours of instruction that holders 
of flight instructor certificates must complete in an FAA approved FIRC 
to renew their certificate but points out that a parallel provision in 
Sec. 141.79(c) also needs to be amended to be consistent with 
Sec. 61.197(c). Section 141.79(c) requires each chief flight instructor 
in an approved FAA part 141 school, to complete at least once each 12 
months, a flight instructor refresher course consisting of not less 
than 24 hours of ground or flight instruction, or both. While 
Sec. 141.79(c) deals with a school setting as opposed to 
Sec. 61.197(c), which deals with the individual, the FAA has determined 
that it is a parallel provision with identical issues as those 
presented in Notice No. 93-11. Therefore, to afford part 141 chief 
flight instructors the benefits given to part 61 flight instructors, 
the FAA will make a conforming amendment to Sec. 141.79(c) that will be 
reflected in this final rule. The FAA has concluded that under Section 
4(a) of the Administrative Procedures Act (APA), 5 U.S.C. 553(a), the 
notice and public comment requirements of Section 553(b) of the APA are 
unnecessary.

D. Additional Comments

    The FAA received two comments that requested revisions to the rule 
that are beyond the scope of the notice. One commenter supports the 
proposal only if a flight check also is required for renewal of a 
flight instructor certificate because requiring classroom time without 
a flight check does not ensure that the flight instructor can apply the 
knowledge learned from the classroom. Another commenter is opposed to 
the proposal on the grounds that safety would be better served if the 
flight instructor were required to demonstrate competency in an 
aircraft for renewal of the flight instructor certificate, as opposed 
to classroom time.
    One commenter requests that the word ``she'' be taken out of the 
amended rule language in Sec. 61.197(c), and one commenter suggests 
that the FAA should form a task group to study technology advancements 
in education and their applicability to the FIRC's. Both commenters 
agree with the proposal to allow for approval of the number of hours of 
instruction that holders of flight instructor certificates must 
complete in an FAA approved FIRC to renew their certificate.

International Civil Aviation Organization and Joint Aviation 
Regulations

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because flight instructor certification requirements have 
virtually no bearing on flight operations internationally.

Paperwork Reduction Act

    This final rule will not change reporting requirements. Therefore, 
in accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no additional requirements for information collection 
associated with this final rule.

Economic Evaluation

    This section contains the full regulatory evaluation prepared by 
the FAA that provides information on the economic consequences of this 
regulatory action. This evaluation quantifies, to the extent 
practicable, estimates of the costs and benefits to the private sector, 
consumers, and Federal, State, and local governments.
    Executive Order 12866, dated September 30, 1993, directs Federal 
agencies to promulgate new regulations or modify existing regulations 
only if benefits to society for each regulatory change outweigh 
potential costs. The order also requires the preparation of an economic 
analysis of all ``significant regulatory actions'' except those 
responding to emergency situations or other narrowly-defined 
exigencies.
    The FAA has determined that this rule is not significant. 
Therefore, a full regulatory analysis that includes the identification 
and evaluation of cost-reducing alternatives to the rule has not been 
prepared. Instead, the agency has prepared a more concise regulatory 
evaluation that analyzes only this rule without identifying 
alternatives. In addition to the regulatory evaluation, this section 
also contains a regulatory flexibility determination required by the 
1980 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and an 
international trade impact assessment. Accordingly, the FAA makes the 
following economic evaluation of this rule. Based on the results of its 
investigation, the FAA has concluded that this final rule is cost-
beneficial.

Benefit-Cost Analysis

    Current holders of flight instructor certificates may renew their 
certificates if they successfully complete an approved FIRC consisting 
of not less than 24 hours of ground or flight instruction, or both. The 
FAA has determined, however, that recent advances in instructional 
technology and training techniques allow for a reduction in the number 
of required instruction hours without compromising safety. The FAA will 
develop the standards and recommended number of hours required for an 
approved FIRC. This will be done to ensure that a high level of safety 
is maintained.
    The benefits of this rule are the cost savings from the reduction 
in required instructional hours and travel expenditures for the 
affected flight instructors. For example, approval of AOPA's 16 hour 
course would allow a 1 day reduction in travel expenses to individual 
flight instructors: assuming an average per diem cost of $100 and that 
two-thirds of the annual average of 20,000 flight instructors renewing 
their certificates through FIRCs would have to travel out of town, the 
industry could realize an annual savings of $1.3 million in per diem 
travel expenses. There also will be a reduction in foregone earnings. 
Assuming a flight instructor earns $20 per hour and provides 4 to 8 
hours of instruction per day, the reduction in foregone earnings would 
be between $1.6 million and $3.2 million annually. In addition, the FAA 
believes that individual flight instructors will realize a savings in 
the cost of the FIRC by the reduction in the number of required 
instruction hours.
    There will be no incremental costs associated with this final rule 
since the number of instruction hours required in a FIRC would be 
relaxed. The FAA has concluded that there will be no degradation of 
safety as any reduction in instructional hours would be the result of 
advances in instructional technology and training techniques. The FAA 
believes that it is the content of the FIRC, not the specific number of 
hours of instruction in that FIRC, that is important to safety. 
Therefore, the FAA has concluded that the final rule is cost-
beneficial.

International Trade Impact Analysis

    This final rule will have a negligible impact on trade 
opportunities for U.S. firms doing business overseas or on foreign 
firms doing business in the U.S. The final rule primarily affects 
certificated flight instructors, not businesses involved in the sale of 
aviation products or services.

Regulatory Flexibility Determination

    The final rule will not have a significant economic impact, 
positive or negative, on small entities. Flight instructors, rather 
than small entities, will be affected by this final rule. Where a 
flight instructor is also the sole proprietor of a small business, and 
exercises the privileges of his or her certificate in operations that 
are incidental to that business, the final rule will have a negligible 
impact.

Federalism Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
amendment does not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
final rule is not significant under Executive Order 12866. In addition, 
the FAA certifies that this final rule will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act. This 
rule is not considered significant under Department of Transportation 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
For this reason, it has been determined that the expected economic 
impact of this amendment is so minimal that a full Regulatory 
Evaluation is not warranted.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Recreation and recreation areas, Reporting and 
recordkeeping requirements.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

The Rule Amendments

    Accordingly, pursuant to the Authority delegated to me, the FAA 
amends 14 CFR parts 61 and 141 of the Federal Aviation Regulations as 
follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

    1. The authority citation for part 61 is revised to read as 
follows:

    Authority: 49 U.S.C. Appendix 1354(a), 1355, 1421, 1422, and 
1427; 49 U.S.C. 106(g).

    2. Section 61.197 is amended by revising paragraph (c) to read as 
follows:


Sec. 61.197  Renewal of flight instructor certificates.

* * * * *
    (c) He or she has successfully completed, within 90 days before the 
application for the renewal of his or her certificate, an approved 
flight instructor refresher course consisting of ground or flight 
instruction, or both.

PART 141--PILOT SCHOOLS

    3. The authority citation for part 141 is revised to read as 
follows:

    Authority: 49 U.S.C. app. 1354(a), 1355, 1421, 1422, 1427, and 
1655(c).

    4. Section 141.79 is amended by revising paragraph (c) to read as 
follows:


Sec. 141.79  Flight instruction.

* * * * *
    (c) Each chief flight instructor must complete at least once each 
12 months, an approved flight instructor refresher course consisting of 
ground or flight instruction, or both.
* * * * *
    Issued in Washington, DC, on April 6, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-8776 Filed 4-12-94; 8:45 am]
BILLING CODE 4910-13-M