[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6898-6908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3868]




[[Page 6897]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 121 and 135



Training and Qualification Requirements for Check Airmen and Flight 
Instructors; Proposed Rule

  Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / 
Proposed Rules  
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[[Page 6898]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. 28471; Notice No. 96-1]
RIN 2120-AF08


Training and Qualification Requirements for Check Airmen and 
Flight Instructors

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: Some experienced pilots who would otherwise qualify as flight 
instructors or check airmen but who are not medically eligible to hold 
the requisite medical certificates, cannot perform flight instructor or 
check airmen functions even in simulators. This proposed rule would 
establish separate categories of requirements for check airmen who 
check only in flight simulators and flight instructors who instruct 
only in flight simulators. To ensure an equivalent level of safety, the 
affected check airmen and flight instructors would have to accomplish 
the following, which could be demonstrated in a flight simulator or 
flight training device: recency of experience requirements; biannual 
observation checks of their check airman/instructor abilities; and 
required training, including recurrent ground and flight training. A 
flight instructor (simulator) or check airman (simulator) would be 
required to meet recency of experience requirements, in the 12-month 
period preceding the performance of flight instruction or check airman 
functions, by flying two flight segments as a required crewmember for 
the type aircraft involved, if medically qualified and certificated, or 
by participating in a line-observation program. Additionally, the FAA 
proposes that check airmen and instructors can obtain all of their 
flight training in simulators, as opposed to the current scheme in 
which initial and transition flight training must include an in-flight 
element.

DATES: Comments must be submitted on or before March 25, 1996.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to: 
Federal Aviation Administration, Office of the Chief Counsel, 
Attention: Rules Docket (AGC-10), Docket No. 28471, 800 Independence 
Avenue, SW., Washington, DC 20591. Comments delivered must be marked 
Docket No. 28471. Comments may also be sent electronically to the 
following internet address: [email protected]. Comments may be 
examined in Room 915G weekdays between 8:30 a.m. and 5 p.m., except on 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tom Toula, Air Carrier Training 
Branch, (AFS-210), Flight Standards Service, Federal Aviation 
Administration , 800 Independence Avenue SW., Washington, DC 20591, 
Telephone (202) 267-3718.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Comments should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All comments 
received on or before the closing date for comments specified will be 
considered by the Administrator before taking action on this proposed 
rulemaking. The proposal contained in this notice may be changed in 
light of comments received. All comments received will be available, 
both before and after the closing date for comment, in the Rules Docket 
for examination by interested persons. A report summarizing each 
substantive public contact with Federal Aviation Administration (FAA) 
personnel concerned with this rulemaking will be filed in the docket. 
Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must include a pre-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. ____.'' The postcard will be date-stamped and mailed to 
the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue, 
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications 
must identify the notice number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRMs should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

Background

    The requirements for training, checking, and qualification of check 
airmen and flight instructors who perform training and checking for 
certificate holders operating under 14 Code of Federal Regulations 
parts 121 and 135 appear in Secs. 121.411 and 135.337 (check airman and 
flight instructor qualification) and Secs. 121.413 and 135.339 (check 
airman and flight instructor training and checking).
    When parts 121 and 135 were implemented, the primary means of 
training was in an aircraft. Therefore there was a requirement for 
check airmen instructors to hold appropriate medical certificates. Even 
after flight simulators came into use in the late 1970s, check airmen 
and flight instructors were likely to use both aircraft and flight 
simulators. Despite significant changes in methods of training, 
particularly an increased use of flight simulation in training, the 
sections of parts 121 and 135 mentioned above have not been 
significantly revised in over 20 years. These sections still focus 
primarily on check airmen and flight instructors who perform their 
functions in airplanes.
    Today, flight simulators and flight training devices are now so 
sophisticated that they are used to conduct most training and checking 
with significant benefits to safety and to the environment and with 
significant cost savings. Training and checking in simulators and 
flight training devices have distinct advantages over training and 
checking in flight. Flight simulators provide a safe flight training 
environment, more comprehensive training, and may reduce the number of 
training and in-service accidents by allowing training for emergency 
situations that cannot be safely conducted in flight. The use of flight 
simulators and flight training devices in lieu of aircraft has resulted 
in a reduction in air traffic congestion, energy use, noise, air 
pollution, and training costs.
    Some experienced pilots who would otherwise qualify as flight 
instructors or check airmen but who are not medically eligible to hold 
the requisite medical certificates, cannot perform flight instructor or 
check airmen functions even in simulators. Thus the regulations do not 
establish separate categories of requirements for check airmen who 
check only in flight simulators or for 

[[Page 6899]]
flight instructors who instruct only in flight simulators. There are a 
number of highly experienced airmen who might serve as flight 
instructors or check airmen, including former military pilots, former 
air carrier pilots, and furloughed pilots, as well as other experienced 
pilots, who because of medical conditions, are unable to hold an airman 
medical certificate.
    This proposed rule would allow experienced check airmen and flight 
instructors who are not able to hold a current medical certificate to 
check or instruct in flight simulators and flight training devices. 
Affected check airmen and flight instructors would have to meet similar 
requirements that a pilot flying the line is required to meet, such as 
initial training, proficiency checks, and competency checks and could 
use flight simulators to meet these similar requirements. The proposed 
regulations also address check airmen in aircraft, check airmen in 
flight simulators or flight training devices, flight instructors in 
aircraft, and flight instructors in flight simulators or flight 
training devices.
    The Air Carrier Training Working Group of the Aviation Rulemaking 
Advisory Committee (ARAC) recommended that the FAA amend its 
regulations so that airmen who were not eligible to hold medical 
certificates would nonetheless be eligible to instruct or check pilots 
and other airmen in simulators. On July 16, 1992, ARAC forwarded draft 
rule language for the FAA to review. The FAA used ARAC's draft as the 
basis for developing this proposal.

Discussion of the Proposed Rule

    The proposed rule would revise the following sections of parts 121 
and 135: Secs. 121.411, 121.413, 135.337, and 135.339; it would add the 
following four new sections: Secs. 121.412, 121.414, 135.338, and 
135.340.
    The most significant changes between the current and proposed rules 
are as follows:
    (1) The categories of check airman (simulator) and flight 
instructor (simulator) would be defined with separate requirements for 
each.
    (2) The following requirements for flight instructors and check 
airmen who only perform check airmen and instructor functions in flight 
simulators and flight training devices would be deleted:
     The requirement to hold at least a Class III medical 
certificate, in Sec. 121.411(a)(6).
     The requirement to hold a Class I, II, or III medical 
certificate, in Sec. 135.337(a).
    (3) A flight instructor (simulator) or check airman (simulator) 
would be required to meet recency of experience requirements, in the 
12-month period preceding the performance of flight instruction or 
check airman functions, by flying two flight segments as a required 
crewmember for the type aircraft involved, if medically qualified and 
certificated or by participating in a line-observation program.
    (4) Training requirements for check airmen and flight instructors 
who serve in training programs under parts 121 and 135 are in 
Secs. 121.413, 121.414, 135.339, and 135.340. The FAA proposes to 
change these requirements in the following ways:
     A new requirement would be imposed for check airmen and 
flight instructors, to satisfactorily complete, within the preceding 24 
calendar months, an observation check of their check airman or flight 
instructor functions. This check may be accomplished in a flight 
simulator or in a flight training device as appropriate.
     Flight instructors would be required to have much of the 
same ground training requirements as check airmen. As a practical 
matter, ground training for flight instructors and check airmen are the 
same; however, the current rules are not specific in this area. This 
change would ensure that flight instructors and check airmen receive 
the same ground training.
     Initial and transitional flight training for pilot check 
airmen and pilot instructors currently requires in-flight training and 
practice. The FAA proposes to allow this training to take place in 
simulators or training devices.
    These changes would allow certain experienced pilots who are unable 
to meet current medical certificate requirements to be able to check 
and instruct, but only in flight simulators and flight training 
devices. To allow this flexibility while maintaining safety, the 
proposed rules would require flight instructors (simulator) and check 
airmen (simulator) to meet recency of experience requirements, take 
biannual observation checks of their check airman/instructor abilities, 
complete the required recurrent training necessary to serve as a pilot-
in-command under parts 121 and 135 or a flight engineer or flight 
navigator under part 121, and complete required proficiency or 
competency checks. A detailed section-by-section description of the 
proposed rule follows.

Section-by-Section Analysis

Section 121.411  Qualifications: Check Airmen (Airplane) and Check 
Airmen (Simulator)

    Section 121.411(a)(1) now requires that a flight instructor or 
check airman who serves in a training program under part 121, for the 
particular airplane type involved, hold the airman certificates and 
ratings that must be held in order to serve as a pilot in command 
(PIC), a flight engineer, or a flight navigator, as appropriate, in 
operations under part 121. Current Sec. 121.411(a)(6) requires that a 
check airman or flight instructor who serves in a training program 
under part 121 must hold at least a Class III medical certificate. 
Under current Sec. 121.411(b)(1) a simulator instructor instructing for 
a course of training in an airplane simulator as provided in 
Sec. 121.409(b) must hold an airline transport pilot (ATP) certificate.
    Proposed revisions to this section would change the applicability 
from check airmen and flight instructors to check airmen (airplane) and 
check airmen (simulator). Flight instructors would be covered under 
proposed Sec. 121.412. Proposed paragraph (a) of Sec. 121.411 would 
state that a check airman (airplane) is a person who is qualified and 
permitted to conduct flight checks and instruction in an airplane, in a 
flight simulator, or in a flight training device for a particular type 
airplane. A check airman (simulator) would be qualified to conduct 
flight checks only in a flight simulator or in a flight training device 
for a particular type aircraft.
    Proposed paragraph (b) would contain the eligibility requirements 
to serve as a check airman (airplane). With some editorial revisions 
and an additional requirement to satisfy the recency of experience 
requirement of Sec. 121.439, the eligibility requirements would remain 
the same as the current requirements. The recency provisions would be 
added to ensure equivalent recency of experience for those check airmen 
who may not be flying line operations.
    Proposed paragraph (c) of Sec. 121.411 would establish the 
eligibility requirements for check airmen (simulator). These proposed 
requirements would be the same as those for check airmen (airplane) in 
proposed paragraphs (b) with two exceptions. There would be no 
requirement to hold a Class III medical certificate and the recency of 
experience requirements of proposed Sec. 121.411(b)(6) would not be 
required of part 121 check airmen (simulator). Check airmen (simulator) 
would instead be allowed to meet proposed recency of 

[[Page 6900]]
experience requirements in proposed paragraph (f), discussed later in 
this section. Check airmen (airplane) may only meet recency of 
experience requirements in an airplane because they are able to perform 
their functions in an airplane as a required flight crewmember. In 
addition, current Sec. 121.411(c), which grants training relief to 
check airmen, flight instructors, and simulator instructors who were 
designated before December 22, 1969, would be deleted since the FAA 
believes that this provision is obsolete.
    Proposed paragraph (d) would be added to clarify that the 
completion of the requirements of (b) (2), (3), and (4) or (c) (2), 
(3), and (4), whichever is applicable, must be entered into the 
operator's records for each individual check airman.
    Proposed paragraph (e) would be added to restate the portion of 
current Sec. 121.411(a)(6) allowing airmen who have passed their 60th 
birthday or who do not hold a medical certificate to perform check 
airmen functions, but, under this proposed paragraph, these airmen may 
not serve as crewmembers under part 121 operations.
    Proposed paragraph (f) would be added to offer an alternate method 
for maintaining recency of experience requirements for check airmen 
(simulator). Under this proposal, check airmen (simulator) would, 
within the 12-month period preceding the performance of check airman 
duties, either fly two segments as a required crewmember for the type 
airplane or satisfactorily complete an approved line-observation 
program.
    Proposed paragraph (g) would be added to provide that the recency 
of experience requirements of paragraph (f) may be completed in the 
calendar month before or the calendar month after the month in which it 
is due.

Section 121.412  Qualifications: Flight Instructors (Airplane) and 
Flight Instructors (Simulator)

    The proposed requirements for this section are virtually identical 
to those in proposed Sec. 121.411 for check airmen. Additionally, this 
proposed section would specify that individuals who do not hold a 
medical certificate may not function as a flight instructor in an 
airplane.

Section 121.413  Initial and Transition Training and Checking 
Requirements: Check Airmen (Airplane) and Check Airmen (Simulator)

    Proposed paragraph (a)(1) would continue the current requirement 
that, in order to serve as a check airman, a person must have completed 
initial or transition check airman training. Additionally, proposed 
paragraph (a)(2) would require an observation check of check airman 
functions within the preceding 24 calendar months. The observation 
check could be done in part or in full in an airplane, in a flight 
simulator, or in a flight training device as appropriate. An FAA 
inspector or an appropriate designated examiner could administer this 
observation check. The FAA believes that the observation check 
requirement would better ensure that check airmen maintain their 
qualifications and their abilities to perform all other duties as 
appropriate for check airmen.
    In proposed paragraph (b) the observation check requirement of 
paragraph (a)(2) could be accomplished in the month before or the month 
after the month in which it is due.
    Proposed paragraph (c) of this section would cover initial ground 
training requirements for check airmen. Most of the requirements are in 
current paragraphs (a)(1) through (a)(6) of Sec. 121.413. Some 
editorial revisions would be made in the proposal.
    Proposed paragraph (d) would cover transition ground training for 
check airmen. This proposed paragraph would separate transition ground 
training requirements from initial ground training requirements, but 
would impose no new requirements since transition and ground training 
are currently required in Sec. 121.413(a)(6).
    Proposed paragraph (e) would be added to cover initial and 
transition flight training for pilot check airmen (airplane), flight 
engineer check airmen (airplane), and flight navigator check airmen 
(airplane). Proposed paragraph (e) would contain requirements 
equivalent to those contained in current Sec. 121.413 (c) and (d), but 
would place greater emphasis on the safety issues required during 
checking that takes place under actual flight. Additionally, it would 
broaden the scope of current Sec. 121.413(c) to include flight 
engineers (airplane) and flight navigators (airplane). The FAA believes 
that the flight engineer (airplane) and flight navigator (airplane) 
safety functions are as important to the safe conduct of a flight as 
that of the check airman (airplane).
    Proposed paragraph (f) would be added to allow all the flight 
training provisions of proposed paragraph (e) to be accomplished in 
full or in part in flight, in flight simulators, or flight training 
devices as appropriate. Because of technological advances in 
simulation, the FAA believes that the requirements in current 
Sec. 121.413(c)(1) may be conducted in a simulator. Current paragraph 
(c) allows the initial and transition flight training in safety 
measures for emergency situations (paragraph (c)(2)) and the results of 
improper or untimely safety measures (paragraph (c)(3)) to be 
accomplished in an approved flight simulator, but requires the training 
requirements of current paragraph (c)(1) to be conducted in flight. The 
FAA believes that this proposal is appropriate because of the proven 
effectiveness of flight simulator training. Flight training devices 
would also be allowed to fulfill the training requirements for the same 
reasons.
    Proposed paragraph (g) would be added to establish initial and 
transition flight training for check airmen (simulator). The proposed 
requirements include training and practice in the required normal, 
abnormal, and emergency procedures and training in the operation of 
flight simulators or flight training devices. Under the proposed 
paragraph, the training could be conducted in flight training devices 
or flight simulators as appropriate. The proposed requirements are 
necessary to establish flight training requirements specifically for 
check airmen (simulator) who are qualified to conduct flight checks or 
instruction only in a flight simulator or in a flight training device.

Section 121.414  Initial and Transition and Checking Requirements: 
Flight Instructors (Airplane) and Flight Instructors (Simulator)

    The proposed requirements for this section would be identical to 
the provisions in proposed Sec. 121.413 except that the terms and 
references would apply to flight instructors, the required observation 
check would be an observation check of instructor functions, and would 
include the current requirement for training in teaching methods and 
procedures except for the holder of a flight instructors certificate.

Section 135.337  Qualifications: Check Airmen (Aircraft) and Check 
Airmen (Simulator)

    Section 135.337(a)(1) currently requires that a flight instructor 
or check airman serving in a training program under part 135, for the 
particular aircraft type involved, must hold the airman certificate and 
ratings that must be held to serve as a PIC in operations under part 
135. Section 135.337(a)(5) currently requires that such a flight 
instructor or check airman hold a Class I or Class II medical 
certificate required to serve as a PIC in operations under part 135. 
Under current Sec. 135.337(a)(7), a check airman who serves in an 
aircraft simulator only must hold a Class III 

[[Page 6901]]
medical certificate. Section 135.337(b) currently requires that a 
person who serves as a simulator instructor for a course of training in 
an aircraft simulator must hold at least a commercial pilot 
certificate.
    Proposed revisions to this section would change the applicability 
from check airmen and flight instructors to check airmen (aircraft) and 
check airmen (simulator). Flight instructors would be covered under 
proposed Sec. 135.338. Proposed paragraph (a) of Sec. 135.337 would 
state that a check airman (aircraft) is a person who is qualified and 
permitted to conduct flight checks and instruction in an airplane, in a 
flight simulator, or in a flight training device for a particular type, 
class, or category aircraft. A check airman (simulator) would be 
qualified to conduct flight checks only in a flight simulator or in a 
flight training device for a particular type, class, or category 
aircraft.
    Proposed paragraph (b) would contain the eligibility requirements 
to serve as a check airman (aircraft). With some editorial revisions 
and an additional requirement to satisfy the recency of experience 
requirement of Sec. 135.247, the eligibility requirements would remain 
the same as current requirements. The recency provision would be added 
to ensure equivalent recency of experience for those check airmen who 
may not be flying line operations.
    Proposed paragraph (c) of Sec. 135.337 would be added to establish 
the eligibility requirements for check airmen (simulator). These 
proposed requirements are the same as those for check airmen (aircraft) 
in proposed paragraph (b) with two exceptions. There would be no 
requirement to hold a medical certificate and the recency of experience 
requirements of proposed Sec. 135.337(b)(3) would not be required of 
part 135 check airmen (simulator). Check airmen (simulator) would 
instead be allowed to meet proposed recency of experience requirements 
in proposed paragraph (f), discussed later in this section.
    Proposed paragraph (d) would be added to clarify that the 
completion of the requirements of (b) (2), (3), and (4) or (c) (2), 
(3), and (4), whichever is applicable, must be entered into the 
individual check airmen's training record.
    Proposed paragraph (e) would be added to clarify that airmen who do 
not hold a medical certificate may perform check airmen functions, but 
they may not serve as a crewmember under part 135 operations.
    Proposed paragraph (f) would be added to offer an alternate method 
for maintaining recency of experience requirements for check airmen 
(simulator). Check airmen (simulator) must, within the 12-month period 
preceding the performance of check airman duties, either fly two 
segments as a required crewmember for the type, class, or category 
aircraft or satisfactorily complete an approved line-observation 
program.
    Proposed paragraph (g) would be added to provide that the recency 
of experience requirements of paragraph (f) may be completed in the 
calendar month before or in the calendar month after the month in which 
it is due.

Section 135.338  Qualifications: Flight Instructors (Aircraft) and 
Flight Instructors (Simulator)

    The proposed requirements for this section are virtually identical 
to those in proposed Sec. 135.337 for check airmen. Additionally, this 
proposed section would clarify that individuals who do not hold a 
medical certificate may not function as a flight instructor in an 
aircraft.

Section 135.339  Initial and Transition Training and Checking 
Requirements: Check Airmen (Aircraft) and Check Airmen (Simulator)

    Proposed paragraph (a)(1) would continue the current requirement 
that, in order to serve as a check airman, a person must have completed 
initial or transition check airman training. Additionally, proposed 
paragraph (a)(2) would require an observation check of check airman 
functions within the preceding 24 calendar months. The observation 
check would be done in part or in full in an airplane, flight 
simulator, or flight training device as appropriate. An FAA inspector 
or an appropriate designated examiner could administer the observation 
check. The FAA believes that the observation check requirement would 
better ensure that check airmen maintain their qualifications and their 
abilities to perform all other duties as appropriate for check airmen.
    In proposed paragraph (b) the observation check requirement of 
paragraph (a)(2) could be accomplished in the month before or the month 
after the month in which it is due.
    Proposed paragraph (c) of this section would cover initial ground 
training requirements for check airmen. Most of the requirements are in 
current paragraphs (a)(1) through (a)(6) of Sec. 135.339. Some 
editorial revisions are made in this proposal.
    Proposed paragraph (d) would be added to cover transition ground 
training for check airmen. This proposed paragraph would separate 
transition ground training requirements from initial ground training 
requirements, but would impose no new requirements since transition and 
ground training are currently required in Sec. 135.339(a)(6).
    Proposed paragraph (e) would be added to cover initial and 
transition flight training for pilot check airmen (aircraft). Proposed 
paragraph (e) would contain requirements equivalent to those contained 
in current Sec. 135.339(c), but would place greater emphasis on the 
safety issues required during checking that would take place under 
actual flight.
    Proposed paragraph (f) would be added to allow all the flight 
training provisions of proposed paragraph (e) to be accomplished in 
full or in part in flight, in flight simulators, or in flight training 
devices as appropriate. This would make the requirements in current 
Sec. 135.339(c)(1) less burdensome. Current Sec. 135.339(c) allows the 
initial and transition flight training in safety measures for emergency 
situations (paragraph (c)(2)) and the results of improper or untimely 
safety measures (paragraph (c)(3) to be accomplished in an approved 
flight simulator, but requires the training requirements of (c)(1) to 
be conducted in flight. The FAA believes that this is appropriate 
because of the proven effectiveness of flight simulator training. 
Flight training devices will also be allowed to fulfill the training 
requirements for these same reasons.
    Proposed paragraph (g) would be added to establish initial and 
transition flight training for check airmen (simulator). The proposed 
requirements would include training and practice in the required 
normal, abnormal, and emergency procedures and training in the 
operation of flight simulators or flight training devices. Under the 
proposed paragraph, the training could be conducted in flight training 
devices or flight simulators as appropriate. The proposed requirements 
are necessary to establish flight training requirements specifically 
for check airmen (simulator) who are qualified to conduct flight checks 
or instruction only in a flight simulator or in a flight training 
device.

Section 135.340  Initial and Transition Training and Checking 
Requirements: Flight Instructors (Aircraft) and Flight Instructors 
(Simulator)

    The proposed requirements for this section would be identical to 
the provisions in proposed Sec. 135.339 except that the terms and 
references would apply to flight instructors, the required observation 
check would be an 

[[Page 6902]]
observation check of instructor functions, and paragraph (c)(7) would 
be added to include the current requirement for training in teaching 
methods and procedures except for the holders of a flight instructor 
certificate.

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs Federal 
agencies to promulgate new regulations or modify existing regulations 
only if the potential benefits to society outweigh the potential costs. 
Second, the Regulatory Flexibility Act of 1980 requires agencies to 
analyze the economic impact of regulatory changes on small entities. 
Finally, the Office of Management and Budget directs agencies to assess 
the effects of regulatory changes on international trade. In conducting 
these analyses, the FAA has determined that this proposed rule is not 
``a significant regulatory action'' as defined in the Executive Order 
and the Department of Transportation Regulatory Policies and 
Procedures. This proposed rule would not have a significant impact on a 
substantial number of small entities and would have no impact on 
international trade. These analyses, available in the docket, are 
summarized below.

Benefits and Costs

    The requirements of this proposed rule will not impose any 
additional cost on air carriers or other training entities currently 
providing simulator training. These additional requirements are 
generally incorporated into current industry practice.
    In the past, the FAA has issued exemptions to air carriers and to 
training entities (FlightSafety, Simuflite, etc.), which permit them to 
use simulators to conduct training and checking for air carrier pilots. 
However, the FAA imposed certain conditions and limitations in these 
exemptions. The Agency required that the check airmen and instructors 
of these entities hold the same airman certificates and ratings and 
complete the same proficiency checks as required to serve as PIC in air 
carrier operations. In addition, check airmen and instructors that 
conduct Line-Oriented Flight Training and Line Operational Evaluation 
in simulators are required to be line qualified or line familiar and to 
participate in a line observation program. This line observation 
program is identical to that which is being proposed and, therefore, 
this program would not impose any additional burden on the aviation 
industry.
    In addition, current FAA policy, as part of Flight Standards Work 
Program Functions, requires aviation safety inspectors to observe, at 
least once annually, half of the check airmen and instructors while 
they perform their duties. A portion of the current observation 
practice and policy would be incorporated into the Code of Federal 
Regulations by this proposed rulemaking. Since the above policy and 
practice exceed the proposed requirements, this rulemaking should not 
impose any additional burden on the airline industry.
    The proposed rule would afford cost savings to air carriers by 
allowing them to hire experienced pilots who are not able to hold a 
current medical certificate to check or instruct in flight simulators 
and flight training devices if they satisfy the above requirements. 
These pilots, many of whom are retired, would probably offer their 
services at lower cost to the airlines than the full-time pilots that 
currently are performing these functions. Air carriers also would be 
able to reduce disruption to their operations by contracting with part-
time pilots to provide training and checking services, thereby 
eliminating the need to pull line pilots from their routine duties. The 
proposed rule should also reduce costs to the industry in that the 
proposal would allow all initial and transition flight training for 
check airmen and instructors to be conducted in the simulators or 
training devices as opposed to the current in-flight requirement. 
Accordingly, the FAA finds this proposed rule to be cost-beneficial 
because it does not impose any additional cost on the aviation industry 
and allows for less costly training of future pilots.
    The FAA solicits comments from the public on the possible extent of 
these cost savings.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act (RFA) of 1980 was enacted by 
Congress to ensure that small entities are not unnecessarily or 
disproportionately burdened by Government regulations. The RFA requires 
a Regulatory Flexibility Analysis if a rule is expected to have a 
``significant (positive or negative) economic impact on a substantial 
number of small entities.'' Based on the standards and thresholds 
specified in implementing the FAA Order 2100.14A, Regulatory 
Flexibility Criteria and Guidance, the FAA has determined that the 
proposed rule would not have a significant impact on a substantial 
number of small entities.

International Trade Impact Assessment

    This proposed rule is expected to have neither an adverse impact on 
the trade opportunities for U.S. firms doing business abroad nor on 
foreign firms doing business in the United States. The cost savings 
that would be realized from the proposed rule are not likely to be 
significant enough to affect the competitive position of domestic 
concerns vis-a-vis foreign concerns.

International Civil Aviation Organization and Joint Aviation 
Regulations

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA is not aware of any differences that this proposal would 
present if adopted. Any differences that may be presented in comments 
to this proposal, however, will be taken into consideration.

Paperwork Reduction Act

    The reporting and recordkeeping requirements associated with this 
rule are being submitted to the Office of Management and Budget for 
approval in accordance with 44 U.S.C. chapter 35 under DOT NO:new; OMB 
NO: new; TITLE: Training and Qualification Requirements for Check 
Airmen and Flight Instructors; NEED FOR INFORMATION: This information 
is needed to maintain the training records of check airmen and 
instructors; PROPOSED USE OF INFORMATION: This information will be used 
to verify that check airmen and instructors have met the requirements 
of the regulation; FREQUENCY: A short entry indicating that the check 
airman or instructor has completed the observation; BURDEN ESTIMATE: It 
is estimated that the total time burden will be approximately 1.3 hours 
per year for an estimated 6000 respondents. The entries will be either 
satisfactory or unsatisfactory or a check mark in the appropriate 
space. No additional forms will be required and the time for making the 
necessary entries will be negligible; RESPONDENTS: The FAA or 
designated examiners or other check airmen will conduct the 
observations and they are estimated to be appropriately 6000 
individuals; FORM(s): No additional forms will be used. Entries will be 
made on the standard training records required by Sec. 121.401(c) and 
Sec. 135.323 (c); AVERAGE BURDEN HOURS PER RESPONDENT: 15 seconds per 
individual every 2 years.

[[Page 6903]]

    For further information contact: The Information Requirements 
Division, M-24, Office of the Secretary of Transportation, 400 Seventh 
Street SW., Washington, DC 20590, (202) 366-4735 or Edward Clark or 
Wayne Brough, Office of Management and Budget, New Executive Office 
Building, room 3228, Washington, DC 20503, (202) 395-7340.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Initial Regulatory Flexibility Determination
    For further information contact: The Information Requirements 
Division, M-24, Office of the Secretary of Transportation, 400 Seventh 
Street SW., Washington, DC 20590, (202) 366-4735 or Edward Clark or 
Wayne Brough, Office of Management and Budget, New Executive Office 
Building, room 3228, Washington, DC 20503, (202) 395-7340.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Initial Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
proposed regulation is not significant under Executive Order 12866. In 
addition, it is certified that this proposal, if adopted, 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 proposal is not considered significant under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).

List of Subjects

14 CFR Part 121

    Air carriers, Air transportation, Aviation safety, Common carriers, 
Safety, Transportation.

121 CFR Part 135

    Air carriers, Air taxi, Air transportation, Aviation safety, 
Safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR parts 121 and 135 as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    1. The authority citation for part 121 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44701-44702, 44705, 
44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 
and 46105.

    2. Section 121.411 is revised to read as follows:


Sec. 121.411  Qualifications: Check airmen (airplane) and check airmen 
(simulator).

    (a) For the purposes of this section and Sec. 121.413:
    (i) A check airman (airplane) is a person who is qualified, and 
permitted, to conduct flight checks or instruction in an airplane, in a 
flight simulator, or in a flight training device for a particular type 
airplane.
    (2) A check airman (simulator) is a person who is qualified to 
conduct flight checks or instruction, but only in a flight simulator or 
in a flight training device for a particular type airplane.
    (3) Check airmen (airplane) and check airmen (simulator) are those 
check airmen who perform the functions described in Sec. 121.401(a)(4).
    (b) No certificate holder may use a person nor may any person serve 
as a check airman (airplane) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person--
    (1) Holds the airman certificates and ratings required to serve as 
a pilot in command, a flight engineer, or a flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations 
under this part;
    (4) Has satisfactorily completed that applicable training 
requirements of Sec. 121.413 including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving 
as a required crewmember, in which case holds a Class I or Class II 
medical certificate as appropriate;
    (6) Has satisfied the recency of experience requirements of 
Sec. 121.439; and
    (7) Has been approved by the Administrator for the check airman 
duties involved.
    (c) No certificate holder may use a person nor may any person serve 
as a check airman (simulator) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight 
engineer, or a flight navigator, as applicable, in operations under 
this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command, flight engineer, or flight navigator in 
operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator in operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.413; and
    (5) Has been approved by the Administrator for the check airman 
(simulator) duties involved.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Check airmen who have reached their 60th birthday or who do not 
hold an appropriate medical certificate may function as check airmen, 
but may not serve as flight crewmembers in operations under this part.
    (f) A check airman (simulator) must, within the 12-month period 
preceding the performance of any check airman duty, accomplish the 
following in a flight simulator--
    (1) Fly at least two flight segments as a required crewmember for 
the type airplane involved; or
    (2) Satisfactorily complete an approved line-observation program 
that--
    (i) Includes a minimum of two flight segments to observe the flight 
operations of the specific type airplane on which the check airman 
duties are to be performed;
    (ii) Is conducted from a cockpit observer seat; and
    (iii) Is representative of the certificate holder's operation (may 
include ferry flights).
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered to be completed in the 
month required if completed in the calendar month before or in the 

[[Page 6904]]
calendar month after the month in which it is due.
    3. Section 121.412 is added to read as follows:


Sec. 121.412  Qualifications: Flight instructors (airplane) and flight 
instructors (simulator).

    (a) For the purposes of this section and Sec. 121.414:
    (1) A flight instructor (airplane) is a person who is qualified to 
instruct in an airplane, in a flight simulator, or in a flight training 
device for a particular type airplane.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct, but only in a flight simulator, in a flight training device, 
or both, for a particular type airplane.
    (3) Flight instructors (airplane) and flight instructors 
(simulator) are those instructors who perform the functions described 
in Sec. 121.401(a)(4).
    (b) No certificate holder may use a person nor may any person serve 
as a flight instructor (airplane) in a training program established 
under this subpart unless, with respect to the airplane type involved, 
that person--
    (1) Holds the airman certificates and ratings required to serve as 
a pilot in command, a flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414, including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving 
as a required crewmember, in which case holds a Class I or Class II 
medical certificate as appropriate.
    (6) Has satisfied the recency of experience requirements of 
Sec. 121.439.
    (c) No certificate holder may use a person, nor may any person 
serve as a flight instructor (simulator) in a training program 
established under this subpart, unless, with respect to the airplane 
type involved, that person meets the provisions of paragraph (b) of 
this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight 
engineer, or a flight navigator, as applicable, in operations under 
this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations 
under this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) or (c)(2), (3), and (4) of this section as applicable shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Airmen who have reached their 60th birthday, or who do not hold 
an appropriate medical certificate, may not function as a flight 
instructor (airplane), nor may they serve as flight crewmembers in 
operations under this part.
    (f) A flight instructor (simulator) must, within the 12-month 
period preceding the performance of any instructor duty in a flight 
simulator--
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane involved (and must hold a Class I or Class II 
medical certificate as appropriate); or
    (2) Satisfactorily complete an approved line-observation program 
that--
    (i) Includes a minimum of two flight segments to observe the flight 
operations of the specific type airplane on which flight instructor 
duties are to be performed;
    (ii) Is conducted from a cockpit observer seat; and
    (iii) Is representative of the air carrier's operation (may include 
ferry flights).
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section is considered completed in the month 
required if completed in the calendar month before, or the calendar 
month after the month in which it is due.
    4. Section 121.413 is revised to read as follows:


Sec. 121.413  Initial and transition training and checking 
requirements: Check airmen (airplane), check airmen (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a check airman unless:
    (1) That person has satisfactorily completed initial or transition 
check airman training.
    (2) Within the preceding 24 calendar months that person 
satisfactorily conducts a proficiency or competency check under the 
observation of an FAA inspector or an aircrew designated examiner. The 
observation check may be accomplished in part or in full in an 
airplane, in a flight simulator, or in a flight training device.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, 
the month in which it is due.
    (c) The initial ground training for check airmen must include the 
following:
    (1) Check airman duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance including the 
detection of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The appropriate corrective action in the case of unsatisfactory 
checks.
    (6) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures in 
the airplane.
    (d) The transition ground training for check airmen must include 
the approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
airplane to which the check airman is in transition.
    (e) The initial and transition flight training for pilot check 
airmen (airplane), flight engineer check airmen (airplane), and flight 
navigator check airmen (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during a check.
    (2) The potential results of improper, untimely, or non-execution 
of safety measures during a check.

[[Page 6905]]

    (3) For pilot check airman (airplane)--
    (i) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during a check.
    (4) For flight engineer check airmen (airplane) and flight 
navigator check airmen (airplane), training to ensure competence to 
perform assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for check airmen 
(simulator) must include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure 
competence to conduct the flight checks required by this part. This 
training and practice must be accomplished in a flight simulator or in 
a flight training device.
    (2) Training in the operation of flight simulators or flight 
training devices, or both, to ensure competence to conduct the flight 
checks required by this part.
    5. Section 121.414 is added to read as follows:


Sec. 121.414  Initial and transition training and checking 
requirements: flight instructors (airplanes), flight instructors 
(simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a flight instructor unless--
    (1) That person has satisfactorily completed initial or transition 
flight instructor training; and
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check airman, or an operator aircrew designated 
examiner. The observation check may be accomplished in part or in full 
in an airplane, in a flight simulator, or in a flight training device.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before or the calendar month after the 
month in which it is due.
    (c) The initial ground training for flight instructors must include 
the following:
    (1) Flight instructor duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting flight instruction.
    (4) Proper evaluation of student performance including the 
detection of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory training 
progress.
    (6) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures in 
the airplane.
    (7) Except for holders of a flight instructor certificate--
    (i) The fundamental principles of the teaching-learning process;
    (ii) Teaching methods and procedures; and
    (iii) The instructor-student relationship.
    (d) The transition ground training for flight instructors must 
include the approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures 
applicable to the airplane to which the flight instructor is in 
transition.
    (e) The initial and transition flight training for flight 
instructors (airplane), flight engineer instructors (airplane), and 
flight navigator instructors (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during instruction.
    (2) The potential results of improper, untimely, or non-execution 
of safety measures during instruction.
    (3) For pilot flight instructor (airplane)--
    (i) In-flight training and practice in conducting flight 
instruction from the left and right pilot seats in the required normal, 
abnormal, and emergency procedures to ensure competence as an 
instructor; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during instruction.
    (4) For flight engineer instructors (airplane) and flight navigator 
instructors (airplane), in-flight training to ensure competence to 
perform assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for flight 
instructors (simulator) must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. This training and practice must be 
accomplished in full or in part in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators or flight 
training devices, or both, to ensure competence to conduct the flight 
instruction required by this part.

PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS

    6. The authority citation for part 135 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44113, 44701, 44702, 44705, 
44709, 44711-44713, 44715-44717, and 44722.

    7. Section 135.337 is revised to read as follows:


Sec. 135.337  Qualifications: Check airmen (aircraft) and check airmen 
(simulator).

    (a) For the purposes of this section and Sec. 135.339:
    (1) A check airman (aircraft) is a person who is qualified to 
conduct flight checks in an aircraft, in a flight simulator, or in a 
flight training device for a particular type aircraft.
    (2) A check airman (simulator) is a person who is qualified to 
conduct flight checks, but only in a flight simulator, in a flight 
training device, or both, for a particular type aircraft.
    (3) Check airmen (aircraft) and check airmen (simulator) are those 
check airmen who perform the functions described in Secs. 135.321(a) 
and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person 
serve as a check airman (aircraft) in a training program established 
under this subpart unless, with respect to the aircraft type involved, 
that person--
    (1) Holds the airman certificates and ratings required to serve as 
a pilot in command in operations under this part;
    (2) Has satisfactorily completed the training phases for the 
aircraft, including recurrent training, that are required to serve as a 
pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.339;

[[Page 6906]]

    (5) Holds at least a Class III medical certificate unless serving 
as a required crewmember, in which case holds a Class I or Class II 
medical certificate as appropriate.
    (6) Has satisfied the recency of experience requirements of 
Sec. 135.247; and
    (7) Has been approved by the Administrator for the check airman 
duties involved.
    (c) No certificate holder may use a person, nor may any person 
serve as a check airman (simulator) in a training program established 
under this subpart unless, with respect to the aircraft type involved, 
that person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the applicable airman certificates and ratings, except 
medical certificate, required to serve as a pilot in command in 
operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the aircraft, including recurrent training, that are required to 
serve as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.339; and
    (5) Has been approved by the Administrator for the check airman 
(simulator) duties involved.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) or (c)(2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Check airmen who do not hold an appropriate medical certificate 
may function as check airmen (simulator), but may not serve as flight 
crewmembers in operations under this part.
    (f) A check airmen (simulator) must, within the 12-month period 
preceding the performance of any check airman duty in a flight 
simulator, accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved; or
    (2) Satisfactorily complete an approved line-observation program 
that--
    (i) Includes a minimum of two flight segments to observe the flight 
operations of the specific type, class, or category aircraft on which 
the check airman duties are to be performed;
    (ii) Is conducted from a cockpit observer seat or from the seat 
closest to the flightcrew; and
    (iii) Is representative of the certificate holder's operations (may 
include ferry flights).
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered to be completed in the 
month required if completed in the calendar month before or the 
calendar month after the month in which they are due.
    8. Section 135.338 is added to read as follows:


Sec. 135.338  Qualifications: Flight instructors (aircraft) and flight 
instructors (simulator).

    (a) For the purposes of this section and Sec. 135.340:
    (1) A flight instructor (aircraft) is a person who is qualified to 
instruct in an aircraft, in a flight simulator, or in a flight training 
device for a particular type, class, or category aircraft.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct in a flight simulator, in a flight training device, or in 
both, for a particular type, class, or category aircraft.
    (3) Flight instructors (aircraft) and flight instructors 
(simulator) are those instructors who perform the functions described 
in Secs. 135.321(a) and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person 
serve as a flight instructor (aircraft) in a training program 
established under this subpart unless, with respect to the type, class, 
or category aircraft involved, that person--
    (1) Holds the airman certificates and ratings required to serve as 
a pilot in command in operations under this part;
    (2) Has satisfactorily completed the training phases for the 
aircraft, including recurrent training, that are required to serve as a 
pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340;
    (5) Holds at least a Class III medical certificate; and
    (6) Has satisfied the recency of experience requirements of 
Sec. 135.247.
    (c) No certificate holder may use a person, nor may any person 
serve as a flight instructor (simulator) in a training program 
established under this subpart unless, with respect to the type, class, 
or category aircraft involved, that person meets the provisions of 
paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command in operations 
under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the aircraft, including recurrent training, that are required to 
serve as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) or (c)(2), (3), and (4) of this section as applicable shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) An airman who does not hold a medical certificate may function 
as a flight instructor in an aircraft if functioning as a non-required 
crewmember, but may not serve as a flight crewmember in operations 
under this part.
    (f) A flight instructor (simulator) must, within the 12-month 
period preceding the performance of any flight instructor duty in a 
simulator, accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved; or
    (2) Satisfactorily complete an approved line-observation program 
that--
    (i) Includes a minimum of two flight segments to observe the flight 
operations of the specific type, class, or category aircraft on which 
flight instructor duties are to be performed;
    (ii) Is conducted from a cockpit observer seat or the seat closest 
to the flightcrew; and
    (iii) Is representative of the certificate holder's operations (may 
include ferry flights).
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered completed in the month 
required if completed in the calendar month before or in the calendar 
month after the month in which they are due.
    9. Section 135.339 is revised to read as follows:


Sec. 135.339  Initial and transition training and checking: Check 
airmen (aircraft), check airmen (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a check airman unless--

[[Page 6907]]

    (1) That person has satisfactorily completed initial or transition 
check airman training; and
    (2) Within the previous 24 calendar months, that person 
satisfactorily conducts a proficiency or competency check under the 
observation of an FAA inspector or an aircrew designated examiner. The 
observation check may be accomplished in part or in full in an 
aircraft, in a flight simulator, or in a flight training device.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before or the calendar month after the 
month in which it is due.
    (c) The initial ground training for check airmen must include the 
following:
    (1) Check airman duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The applicable methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance including the 
detection of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory checks.
    (6) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures in 
the aircraft.
    (d) The transition ground training for check airmen must include 
the approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
aircraft to which the check airman is in transition.
    (e) The initial and transition flight training for check airmen 
(aircraft) must include the following--
    (1) The safety measures for emergency situations that are likely to 
develop during a check;
    (2) The potential results of improper, untimely, or non-execution 
of safety measures during a check;
    (3) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (4) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during checking.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for check airmen 
(simulator) must include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure 
competence to conduct the flight checks required by this part. This 
training and practice must be accomplished in a flight simulator or in 
a flight training device.
    (2) Training in the operation of flight simulators, flight training 
devices, or both, to ensure competence to conduct the flight checks 
required by this part.
    10. Section 135.340 is added to read as follows:


Sec. 135.340  Initial and transition training and checking: Flight 
instructors (aircraft), flight instructors (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a flight instructor unless--
    (1) That person has satisfactorily completed initial or transition 
flight instructor training; and
    (2) Within the previous 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check airman, or an operator aircrew designated 
examiner. The observation check may be accomplished in part or in full 
in an aircraft, in a flight simulator, or in a flight training device.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before or the calendar month after the 
month in which it is due.
    (c) The initial ground training for flight instructors must include 
the following:
    (1) Flight instructor duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The applicable methods, procedures, and techniques for 
conducting flight instruction.
    (4) Proper evaluation of student performance including the 
detection of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory training 
progress.
    (6) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures in 
the aircraft.
    (7) Except for holders of a flight instructor certificate--
    (i) The fundamental principles of the teaching-learning process;
    (ii) Teaching methods and procedures; and
    (iii) The instructor-student relationship.
    (d) The transition ground training for flight instructors must 
include the approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures 
applicable to the type, class, or category aircraft to which the flight 
instructor is in transition.
    (e) The initial and transition flight training for flight 
instructors (aircraft) must include the following--
    (1) The safety measures for emergency situations that are likely to 
develop during instruction;
    (2) The potential results of improper or untimely safety measures 
during instruction;
    (3) Training and practice from the left and right pilot seats in 
the required normal, abnormal, and emergency maneuvers to ensure 
competence to conduct the flight instruction required by this part; and
    (4) The safety measures to be taken from either the left or right 
pilot seat for emergency situations that are likely to develop during 
instruction.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for a flight 
instructor (simulator) must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. These maneuvers and procedures must 
be accomplished in full or in part in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators, flights 
training devices, or both, to ensure competence to conduct the flight 
instruction required by this part.


[[Page 6908]]

    Issued in Washington, D.C., on February 15, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 96-3868 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-M