[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Pages 30734-30746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14084]




[[Page 30733]]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 121 and 135



Check Airmen and Flight Instructors, Training and Qualification 
Requirements; Final Rule

  Federal Register  /  Vol. 61, No. 117 / Monday, June 17, 1996  /  
Rules and Regulations  

[[Page 30734]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. 28471; Amendment No. 121-257, 135-64]
RIN 2120-AF08


Training and Qualification Requirements for Check Airmen and 
Flight Instructors

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; opportunity for comment.

-----------------------------------------------------------------------

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 rule establishes 
separate 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 must accomplish the following: Recency of 
experience requirements; completion of an approved line observation 
program within each 12-month period; and required training, including 
recurrent ground and flight training. Additionally, this rule allows 
check airman and flight instructors to 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.

EFFECTIVE DATE: This final rule is effective June 17, 1996. See below 
in the ``Modifications'' section for the justification for making this 
rule effective on June 17, 1996 and for a discussion about 9-month 
compliance dates for two new requirements. Affected parties do not have 
to comply with the information collection requirements in 
Secs. 121.411(d), 121.412(d), 135.337 (d), and 135.338(d) until the 
Federal Aviation Administration publishes in the Federal Register the 
control number assigned by the Office of Management and Budget (OBM) to 
these information collection requirements. Publication of the control 
number notifies the public that OMB has approved these information 
requirements under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT:
Tom Toula, Air Carrier Training Branch, (AFS-210), Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20519, Telephone (202) 267-3718.

SUPPLEMENTARY INFORMATION: 

Availability of Final Rules

    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9677. Communications must identify the notice number 
of this final rule.
    Persons interested in being placed on the mailing list for future 
rules should request from the above office a copy of Advisory Circular 
No. 11-2A 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 Title 14 of the 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 and flight 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 so 
sophisticated that they are used to conduct most training and checking 
with significant benefits to safety. 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 check airmen 
functions or many flight instructor 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 flight 
instructors who instruct only in flight simulators. 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, currently 
are unable to perform those training and checking functions because 
they are unable to hold an airman medical certificate.
    This rule allows 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. Under this 
rule, affected check airmen and flight instructors must 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. This rule 
also addresses 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 rule.

Discussion of the Rule

    This rule revises the following sections of parts 121 and 135: 
Secs. 121.411, 121.413, 135.337, and 135.339; it adds the following 
four new sections: Secs. 121.412, 121.414, 135.338, and 135.340.
    The most significant changes between the current and new rules are 
as follows:
    (1) The categories of check airman (simulator) and flight 
instructor

[[Page 30735]]

(simulator) are defined with separate requirements for each.
    (2) The following requirements for flights instructors and check 
airmen who only perform check airmen and instructor functions in flight 
simulators and flight training devices are deleted:
     The requirement to hold at least a Class III medical 
certificate, in current Sec. 121.411(a)(6).
     The requirement to hold a Class I, II, or III medical 
certificate, in current Sec. 135.337(a).
    (3) A flight instructor (simulator) or check airman (simulator) is 
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 completing an approved 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. This rule changes these 
requirements in the following ways:
     A new requirement is imposed for check airmen and flight 
instructors in that they must 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 are 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 
ensures that flight instructors and check airmen receive the same 
ground training.
     Currently, initial and transitional flight training for 
check airmen and flight instructors who perform their functions in-
flight requires in-flight training and practice. This rule allows this 
training to take place in simulators or in flight training devices.
    These changes allow certain experienced pilots who are unable to 
meet current medical certificate requirements to be able to check and 
instruct, but only in flight simulator and flight training devices. To 
allow this flexibility while maintaining safety, this rule requires 
flight instructors (simulator) and check airmen (simulator) to meet 
recency of experience requirements, take observation checks of their 
check airmen/instructor abilities once every 2 years, 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 rule follows.

Section-by-Section Analysis

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

    Current Sec. 121.411(a)(1) 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 airplace simulator as provided in 
Sec. 121.409(b), must hold an airline transport pilot (ATP) certificate 
but need not hold an airman medical certificate if only giving 
proficiency checks as specified in Sec. 121.441 and Sec. 121.409(b). 
Under the current rules, if a simulator instructor is providing 
instruction for anything other than a proficiency check (e.g., upgrade 
training), then he or she must have a medical certificate. (See current 
Sec. 121.411(a).)
    Section 121.411 is revised to change the applicability from check 
airmen and flight instructors to check airmen (airplane) and check 
airmen (simulator). Flight instructors are covered under new 
Sec. 121.412. New paragraph (a) of Sec. 121.411 states 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) is a person who is qualified to conduct flight 
checks only in a flight simulator or in a flight training device for a 
particular type aircraft.
    New paragraph (b) contains 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 remain the same as the 
current requirements. The recency provision is added to ensure 
equivalent recency of experience for those check airmen who may not be 
flying line operations.
    New paragraph (c) of Sec. 121.411 establishes the eligibility 
requirements for check airmen (simulator). These requirements are the 
same as those for check airmen (airplane) in paragraph (b) with two 
exceptions. There is no requirement to hold a Class III medical 
certificate and the recency of experience requirements of 
Sec. 121.411(b)(6) are not required of part 121 check airmen 
(simulator). Check airmen (simulator) instead are allowed to meet 
proposed recency of experience requirements in new paragraph (f), 
discussed later in this section. Because check airmen (airplane) are 
able to perform their functions in an airplane as a required flightcrew 
member, they may meet recency of experience requirements either in an 
airplane or in a qualified simulator. 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, is deleted since the FAA believes that this 
provision is obsolete.
    New paragraph (d) is 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.
    New paragraph (e) is 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 paragraph, these airmen may not serve as 
crewmembers under part 121 operations.
    New paragraph (f) is added to offer an alternate method for 
maintaining recency of experience requirements for check airmen 
(simulator). Under this rule, 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 airplane 
or satisfactorily complete an approved line-observation program.
    New paragraph (g) is 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 requirements for this section are virtually identical to those 
in Sec. 121.411

[[Page 30736]]

for check airmen. Additionally, this section specifies that an 
individual who does 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)

    Paragraph (a)(1) maintains the current requirement that, in order 
to serve as a check airman, a person must have completed initial or 
transition check airman training. Additionally, paragraph (a)(2) 
requires an observation check of check airman functions within the 
preceding 24 calendar months. The observation check may 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 aircrew 
designated examiner employed by the operator may administer this 
observation check. The FAA believes that the observation check 
requirement better ensures that check airmen maintain their 
qualifications and their abilities to perform all other duties as 
appropriate for check airmen.
    In 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.
    Paragraph (c) of this section covers initial ground training 
requirements for check airmen. Most of the requirements are in current 
paragraphs (a)(1) through (a)(6) of Sec. 121.413; however, some 
editorial revisions have been made.
    Paragraph (d) covers transition ground training for check airmen. 
This paragraph separates transition ground training requirements from 
initial ground training requirements, but imposes no new requirements 
since transition and ground training are currently required in 
Sec. 121.413 (a)(6).
    Paragraph (e) is added to cover initial and transition flight 
training for pilot check airmen (airplane), flight engineer check 
airmen (airplane), and flight navigator check airmen (airplane). 
Paragraph (e) contains requirements equivalent to those contained in 
current Sec. 121.413(c) and (d), but places greater emphasis on the 
safety issues required during checking that takes place under actual 
flight. Additionally, it broadens 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).
    Paragraph (f) is added to allow all the flight training provisions 
of 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 (current 
paragraph (c)(2)) and the results of improper or untimely safety 
measures (current 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. In the new rule, the 
requirements of current paragraph (c)(1) are to be codified in 
Sec. 121.413(e)(3); however, under new paragraph (f), those 
requirements need not be accomplished in flight. Those requirements can 
be accomplished in flight, in a flight simulator, or in a flight 
training device. The FAA believes that this is appropriate because of 
the proven effectiveness of flight simulator training. Flight training 
devices can be used to fulfill the training requirements for the same 
reasons.
    Paragraph (g) is added to establish initial and transition flight 
training for check airmen (simulator). The 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 this paragraph, the training may be conducted 
in flight training devices or flight simulators as appropriate. The 
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 training and checking 
requirements: Flight instructors (airplane) and flight instructors 
(simulator)

    The requirements for this section are identical to the provisions 
in Sec. 121.413 except that the terms and references apply to flight 
instructors. The required observation check is an observation check of 
instructor functions, and includes the current requirement for training 
in teaching methods and procedures except for the holders of a flight 
instructor 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 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.
    This rule changes the applicability of this section from check 
airmen and flight instructors to check airmen (aircraft) and check 
airmen (simulator). Flight instructors are covered under new 
Sec. 135.338. Paragraph (a) of Sec. 135.337 states 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) is qualified to conduct flight 
checks only in a flight simulator or in a flight training device for a 
particular type, class, or category aircraft.
    Paragraph (b) contains 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 remain the same as 
current requirements. The recency provision is added to ensure 
equivalent recency of experience for those check airmen who may not be 
flying line operations.
    Paragraph (c) of Sec. 135.337 is added to establish the eligibility 
requirements for check airmen (simulator). These requirements are the 
same as those for check airmen (aircraft) paragraph (b) with two 
exceptions. There is no requirement to hold a medical certificate and 
the recency of experience requirements of new Sec. 135.337(b)(3) are 
not required of part 135 check airmen (simulator). Check airmen 
(simulator) instead are allowed to meet the recency of experience 
requirements of paragraph (f), discussed later in this section.
    Paragraph (d) is added to clarify that the completion of the 
requirements of

[[Page 30737]]

(b)(2), (3), and (4) or (c)(2), (3), (4), whichever is applicable, must 
be entered into the individual check airmen's training record.
    Paragraph (e) is added to clarify that an airmen who does not hold 
a medical certificate may perform check airmen functions, but may not 
serve as a crewmember under part 135 operations.
    Paragraph (f) is 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.
    Paragraph (g) is 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 requirements for this section are virtually identical to those 
in Sec. 135.337 for check airmen. Additionally, this section clarifies 
that an individual who does 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)

    Paragraph (a)(1) continues the current requirement that, in order 
to serve as a check airman, a person must have completed initial or 
transition check airman training. Additionally, paragraph (a)(2) 
requires an observation check of check airman functions within the 
preceding 24 calendar months. The observation check may be done in part 
or in full in an airplane, flight simulator, or flight training device 
as appropriate. An FAA inspector or an aircrew designated examiner 
employed by the operator may administer the observation check. The FAA 
believes that the observation check requirement better ensures that 
check airmen maintain their qualifications and their abilities to 
perform all other duties as appropriate for check airmen.
    In paragraph (b) the observation check requirement of paragraph 
(a)(2) may be accomplished in the month before or the month after the 
month in which it is due.
    Paragraph (c) of this section covers 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 rule.
    Paragraph (d) is added to cover transition ground training for 
check airmen. This paragraph separates transition ground training 
requirements from initial ground training requirements, but imposes no 
new requirements since transition and ground training are currently 
required in Sec. 135.339(a)(6).
    Paragraph (e) is added to cover initial and transition flight 
training for pilot check airmen (aircraft). Paragraph (e) contains 
requirements equivalent to those contained in current Sec. 135.339(c), 
but places greater emphasis on the safety issues required during 
checking that would take place under actual flight.
    Paragraph (f) is added to allow all the flight training provisions 
of paragraph (e) to be accomplished in full or in part in flight, in 
flight simulators, or in flight training devices as appropriate. This 
makes 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 (current paragraph 
(c)(2)) and the results of improper or untimely safety measures 
(current paragraph (c)(3)) to be accomplished in an approved flight 
simulator, but requires the training requirements of (c)(1) to be 
conducted in flight. In the new rule, the requirements of current 
(c)(1) are to be codified in Sec. 135.339(e); however, under new 
paragraph (f), those requirements need not be accomplished in flight. 
Those requirements can be accomplished in flight, in a flight 
simulator, or in a flight training device. The FAA believes that this 
is appropriate because of the proven effectiveness of flight simulator 
training. Flight training devices also can be used to fulfill the 
training requirements for the same reasons.
    Paragraph (g) is added to establish initial and transition flight 
training for check airmen (simulator). The 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 this paragraph, the training may be conducted 
in flight training devices or flight simulators as appropriate. The 
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 requirements of this section are identical to the provisions of 
Sec. 135.339 except that the terms and references apply to flight 
instructors. The required observation check is an observation check of 
instructor functions, and paragraph (c)(7) is added to include the 
current requirement for training in teaching methods and procedures 
except for the holders of a flight instructor certificate.

Discussion of Comments

    On February 22, 1996, the FAA published notice proposing to 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 (61 FR 6903). Eleven commenters 
responded to the proposal. Commenters from FlightSafety International, 
the National Air Transportation Association, Executive Air Fleet, Inc., 
Million Air, and McDonnell Douglas support this final rule. Commenters 
from Petroleum Helicopters, Inc., (PHI), the Allied Pilots Association 
(APA), the Air Line Pilots Association (ALPA), the Air Transport 
Association (ATA), Federal Express (FedEx), and Kitty Hawk AirCargo, 
Inc., (KHAI) made several recommendations, discussed and responded to 
below.

PHI

    PHI states that it generally supports the proposal to change 
Sec. 135.339(a)(2) to require an observation check of check airmen 
functions within the preceding 24 calendar months. However, it requests 
that a statement be added to the rule language that would further 
clarify who may conduct this observation check other than an FAA 
inspector. It suggests that this check should be allowed to be 
conducted by other ``designated check airmen.''
    PHI also generally supports proposed Sec. 135.340 which requires 
flight instructors to have the same training as check airmen. It 
suggests adding language to the rule, however, to enable operators to 
designate limited instructor capability for the purpose of training 
specific modules, for example, navigation equipment, air data 
computers, or other specialized equipment or operations.
    FAA Response: The FAA agrees, in part, with PHI's comment regarding 
clarification of who, other than an FAA inspector, may conduct an 
observation check. To clarify this matter, the FAA

[[Page 30738]]

has changed ``aircrew designated examiner'' to ``aircrew designated 
examiner employed by the operator'' under Secs. 121.413(a)(2) and 
135.339(a)(2). This clarifies that such examiners are associated with a 
particular operator. The FAA does not recognize the term ``designated 
check airmen'' as suggested by the commenter. The FAA does not agree 
that check airmen should conduct observation checks of other check 
airmen. The FAA has determined that such authority should be exercised 
only by FAA inspectors or an FAA designated aircrew examiner employed 
by the operator.
    In reference to PHI's comment regarding proposed Sec. 135.340, this 
rule was not intended to create limited categories of instructors. To 
create categories of instructors with limited authority is beyond the 
scope of the NPRM.

APA

    APA's comments are described as follows:
    The proposal does not address any experience requirements other 
than the requirement to hold the appropriate airmen certificates and 
ratings that are required to serve as PIC for the type aircraft 
involved. Check airmen under the current regulations are usually 
operationally experienced line pilots who bring extensive line flying 
background to the training environment. Under the proposed rule, any 
individual with the proposed airmen certificates and ratings, with some 
classroom and simulator training, could be a designated check airman. 
In today's cost conscious training environment, with extensive use of 
single visit training cycles, the need to use operationally experienced 
individuals as check airmen is essential to maintain an effective 
training environment and operational evaluation standard. Operational 
experience requirements should include a defined number of PIC hours in 
the type aircraft and regulatory environment (i.e., part 121 or 135) 
involved and/or prior qualification as a former military, air carrier, 
or furloughed pilot.
    FAA Response: It is possible that, under this rule, any individual 
with airmen certificates and ratings, with the appropriate classroom 
and simulator training, could become a designated check airman. Check 
airmen (simulator), however, must accomplish the following: Complete 
the operator's course of instruction (initial, transition, or upgrade, 
as appropriate) to include the proficiency check using company 
procedures; regularly participate in an approved line-observation 
program; maintain recency of experience in the simulator; and 
accomplish the normal recurring training, line-oriented flight training 
program, and periodic proficiency checks required of a line-qualified 
PIC. These requirements are similar to those that line-qualified PIC's 
must meet. The FAA has determined that certain simulators (Levels C and 
D) are so advanced that experience gained using these simulators, 
coupled with the line observation (e.g. Sec. 121.411(f)), recurrency 
requirements (e.g., Sec. 121.411(c)(2)) and (3)), and observation check 
(e.g., Sec. 121.413(a)(2)) are adequate substitutes for actual flight 
experience in order to be check airmen. Further, the airman checked by 
the check airman (simulator) must accomplish operational experience 
(e.g., Sec. 121.434 (c)(1)(i) and (ii)) under the supervision of a 
fully qualified PIC check airman (airplane) occupying a pilot station. 
Thus, even a check airman (simulator's) approval of an airman is 
indirectly reviewed by a check airman (airplane) during the acquisition 
of operating experience.
    APA also comments that, while the preamble indicates that the 
recency of experience requirements for check airmen (simulator) and 
flight instructor (simulator) can be met by flying two flight segments 
as a required crewmember for the aircraft type involved, the proposed 
rule language of Secs. 121.411(f) and 135.337(f) states that the 
recency of experience flying requirements of two flight segments can be 
accomplished in a simulator. APA believes that recency of experience 
requirements can be met only by operational line flying. The 
requirements for these flights should include participation/observation 
in all aspects of the flight, including flight planning, preflight, and 
post flight functions. ALPA echoed APA's comment regarding 
Sec. 121.411(f) and FedEx commented that, if proposed Secs. 121.411(f) 
and 121.412(f) are adopted, then similar requirements in appendix H 
should be deleted.
    FAA Response: The FAA has revised the preamble and also proposed 
Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f) to clarify 
that recency of experience requirements can be met either in an 
airplane or in a simulator (that is, by accomplishing two flight 
segments or an approved line-observation program). The FAA also has 
revised all of these sections to clarify the time period in which these 
flight segments or line-observation programs must be accomplished. For 
the reasons stated in the FAA's response to APA's comment above, all 
experience requirements, both initial and recurrent, can be met in an 
appropriately qualified simulator.
    APA also proposes that the new requirement for check airmen and 
flight instructors to complete an observation check of their 
performance functions within the preceding 24 months should be 
increased in frequency to within the preceding 12 months. Flightcrew 
members are being evaluated at a minimum of at least every 12 months. 
ALPA echoes APA on this matter. In line with the ``one level of 
safety'' concept, according to APA, the rule ultimately adopted should 
be identical for both part 121 and part 135 operators.
    FAA Response: The evaluation timeframe for check airmen and flight 
instructors will not be less than that required for the individuals 
they will check or instruct. Check airmen and flight instructors 
continue to be required to complete appropriate proficiency and 
competency checks at least once every 12 months. The new requirement 
that check airmen and flight instructors be observed in the performance 
of their functions will serve to increase the quality assurance of 
check airmen and flight instructors.

ALPA

    As discussed above, ALPA agrees with APA that the observation 
checks proposed under Secs. 121.413(a)(2) and 121.414(a)(2) should be 
conducted within 12, rather than 24, months. ALPA and APA further agree 
that 121.411(f), as proposed, would require the accomplishment of 
flying or line observation in a flight simulator. The FAA has responded 
to these comments above under the discussion of APA's comments.
    In addition, ALPA feels that line observation should be required in 
the airplane on a more frequent basis than proposed. According to ALPA, 
the requirement in Secs. 121.411(f) and 121.412(f) for 12 months should 
be changed to 3 months. Lastly, ALPA indicates that its comments 
regarding the proposed part 121 sections are also valid for the 
proposed part 135 sections.
    FAA Response: The FAA agrees that any individual will maintain 
greater line familiarity with more frequent line observations. Current 
guidance indicates that two line observations per year are adequate to 
maintain line familiarity. There is no evidence that safety has been 
compromised using this current guidance. The FAA believes that annual 
proficiency or competency checks, and the new 24-month observation 
requirement coupled with the new annual line observation requirement, 
exceed the current

[[Page 30739]]

guidance of two line observations per year.
    The FAA acknowledges that ALPA's comments regarding pertinent part 
121 sections are intended to apply to parallel part 135 sections and 
has responded appropriately. As discussed above under APA's comments, 
the FAA has revised proposed Secs. 121.411(f) and 121.412(f) to 
parallel proposed Sec. 135.337(f).

ATA

    ATA suggests that the preamble language of proposed 
Sec. 121.411(b)(6) be made more clear. As drafted, it is unclear to ATA 
whether the FAA intends that the check airmen must complete the three 
takeoffs and landings in an airplane or whether a simulator may be used 
to satisfy this requirement as allowed under existing Sec. 121.439.
    FAA Response: Because check airmen (airplane) are able to perform 
their functions in an airplane as a required flightcrew member, they 
may meet recency of experience requirements either in an airplane or in 
a qualified simulator. However, if a check airman (airplane) is a 
required flightcrew member, actual in-flight recency experience is 
required pursuant to Sec. 121.439(c).
    ATA also believes that proposed Sec. 121.412(c)(1) contains a 
significant change because it requires simulator-only instructors to 
hold an ATP with a type rating in the airplane in which they will 
instruct. This change is not explained in the preamble. In a second set 
of comments which were filed after the comment period closed, ATA 
stated that many of its member airlines employ hundreds of ``simulator 
only'' instructors who do not hold type ratings on the airplane on 
which they instruct. ATA feels that the impact of this rule would be 
``severe'' on its members. Therefore, ATA recommends the following:

--Allow current ``simulator only'' instructors to continue instructing 
without a type rating but require a type rating when an instructor is 
trained on another airplane type;
--Allow sufficient time (i.e., 3 years) for an operator's instructor to 
obtain a type rating and make it clear that a medical certificate is 
not required to take a flight test in a simulator; or
--Allow a ``simulator only'' instructor to be issued a type rating upon 
successful completion of the next recurrent training so that additional 
training would not have to be provided in preparation for a type rating 
flight test.

    FAA Response: Current Sec. 121.411(b) references simulator 
instructors. Simulator instructors were individuals who could instruct 
flightcrew members maintaining airplane qualification but who were 
unable to instruct those flightcrew members training under an initial, 
upgrade, or transition training program. These simulator instructors 
were required to hold an ATP but not a type rating in the type airplane 
in which they instructed so long as they were only giving proficiency 
instruction. ATA states that simulator instructors holding an ATP but 
not a type rating for the airplane in which they instructed could not 
obtain the required type rating in a level C simulator.
    Under this final rule, simulator instructors are included under the 
category of flight instructors (simulator). Flight instructors 
(simulator) are required to obtain a type rating for the airplane in 
which they instruct. Any individual may use an approved simulator to 
satisfy the practical test requirements for an ATP and associated type 
rating in accordance with current Sec. 61.157(e). Those individuals who 
hold an ATP but not the type rating in the airplane in which they 
provide proficiency instruction will have 9 months to come into 
compliance with the new requirement by obtaining the aircraft type 
rating. (See new 121.412(c)(1)). The new part 121 rule recodifies the 
existing part 121 requirement that if a simulator instructor is 
providing initial training, upgrade training, or transitional training, 
then he or she must have a type rating for the aircraft. Because this 
is a recodification of the part 121 existing requirement, ongoing 
compliance is required. In other words, any part 121 flight instructor 
(simulator) who provides initial, upgrade, or transitional training 
must continue to have the appropriate type rating for the aircraft 
involved. In contrast, current Sec. 135.337(b) does not require that a 
simulator instructor have the appropriate type ratings. Therefore new 
Sec. 135.338(c)(1) allows flight instructors (simulator) 9 months to 
come into compliance with the new type rating requirements.
    Despite ATA's assertion, in its untimely comment, that it would 
take two of its members several years to type rate all of their 
``simulator only'' instructors, ATA did not provide any data to support 
its claim (e.g., number of persons affected, availability of 
simulators, etc.) Furthermore, ATA states in its April 19 comment that 
these instructors have completed aircraft qualification courses and 
recurrent training. Thus, the time required for these individuals to 
obtain type ratings will be minimal.

FedEx and ATA

    FedEx and ATA recommend deleting current Sec. 121.411(a)(6) and 
proposed Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e). 
According to these commenters, existing part 61 and Sec. 121.383 
adequately address medical certificate and age requirements and the FAA 
should merely reference these existing requirements in the preamble of 
this final rule. Regarding Secs. 121.411(e) and 121.412(e), the KHAI 
commenter agrees with ATA and FedEx that these sections should be 
deleted due to redundancy with existing Sec. 121.383. ATA and FedEx 
further request that the FAA make it clear that the requirement for a 
Class III medical certificate in Sec. 61.39 does not apply if the 
applicant for a type rating uses a flight simulator.
    FAA response: The FAA concurs with ATA that proposed 
Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e) may echo 
provisions contained elsewhere in the regulations; however, the intent 
of these proposed sections is to clarify medical requirements for the 
airplane and simulator categories of check airmen and flight 
instructors.
    The provisions of Sec. 61.39, which cover flight tests, do not 
apply to this rulemaking. The medical requirement provision of 
Sec. 61.39(a)(3) was adopted to ensure that applicants who would take 
their flight tests in an aircraft hold appropriate medical 
certificates. There is no requirement for applicants to hold a medical 
certificate for practical tests conducted in a simulator. Section 
61.157 provides for adding type ratings to existing ATP's. The addition 
of a type rating is accomplished under Sec. 61.157 by a practical test 
for which no medical certificate is required.

KHAI

    KHAI's comments are described as follows:
    The recordkeeping requirements of proposed Sec. 121.411(c) and (d), 
requiring that records for a check airman be maintained as for any 
other pilot, are redundant and not necessary unless the check airman is 
not employed as a pilot for the certificate holder.
    FAA Response: The FAA agrees with the commenter to the extent that 
check airmen and flight instructors who are line qualified flightcrew 
members for the operator need not duplicate the recordkeeping 
requirements of Sec. 121.411. This final rule recognizes check airmen 
and instructors who may not be line qualified and requires such 
individuals to maintain similar training

[[Page 30740]]

records as those individuals who are line qualified.
    Further, according to KHAI, the observation check requirement in 
proposed Sec. 121.413(a)(2) is burdensome. Since it is now very 
difficult to schedule an FAA inspector to conduct checks, KHAI believes 
that this proposed observation check requirement will add an 
unnecessary burden of additional tracking and scheduling and 
accomplishes little in the way of verifying the competency of a check 
airmen.
    FAA Response: The FAA places importance on the role of check airmen 
and flight instructors. The 24-month observation is a new requirement 
and will serve to increase the quality assurance of check airmen and 
flight instructors. This final rule permits qualified aircrew 
designated examiners employed by the operator to conduct the 
observation. The addition of aircrew designated examiners employed by 
the operator to conduct the observation check should relieve any 
unnecessary burden for tracking and scheduling.
    The commenter from KHAI states that there is an apparent 
discrepancy in the initial and transition training requirements for 
flight instructors as proposed in Sec. 121.414 (c)(7) and for check 
airmen as proposed in Sec. 121.413 (c)(6).
    FAA Response: Generally, before an individual becomes a check 
airman, those individuals are first qualified as flight instructors. 
The training requirements for flight instructors are prerequisite to 
the training requirements for check airmen.
    KHAI comments that, unlike the new Sec. 121.434 regulation, this 
regulation does not specifically address line check airmen.
    FAA Response: This final rule addresses check airmen as a broad 
category. Other specific categories of check airmen (i.e., line check 
airmen, proficiency check airmen, etc.) also were not mentioned. It was 
not the intent of this rule to address specific categories of check 
airmen beyond check airmen (airplane) and check airmen (simulator).
    Lastly, KHAI states that, in the future, more input is needed from 
part 121 operators before this type of rule is issued, that comment 
periods should be longer, and that a review of FAA Order 8400.10 should 
be conducted.
    FAA Response: As indicated in the preamble discussion above, the 
FAA used draft rule language developed by the Air Carrier Training 
Working Group of ARAC as the basis for developing this proposal. This 
working group was comprised of many part 121 operators.
    In allotting the 30-day comment period, the FAA was responding to 
requests for relief from the aviation industry.
    Because FAA Orders are guidance material and not regulatory, they 
are reviewed and updated to coincide with regulatory requirements, when 
warranted.

Modifications

    The following modifications have been made to the final rule:

--``Aircrew designated examiner'' has been expanded to ``aircrew 
designated examiner employed by the operator'' under proposed 
Secs. 121.413(a)(2) and 135.339(a)(2), to further clarify who, other 
than an FAA inspector, may conduct an observation check.
--Proposed Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f) 
have been revised to make them clear and parallel. These proposed 
sections contain the qualification requirements for check airmen/
simulator and check airmen/airplane.
--Proposed paragraphs (f)(2)(i), (ii), and (iii) have been withdrawn 
from the qualifications sections for flight instructors (simulator) and 
check airmen (simulator)--Secs. 121.411, 121.412, 135.337, and 135.338. 
The FAA has decided to maintain the existing regulatory scheme under 
which operators can seek FAA approval for line observation programs. 
See Advisory Circular 120-35 as amended.
--Proposed paragraphs (a)(2) of Secs. 121.413, 121.414, 135.339, and 
135.340 (simulator) have been revised to allow operators until March 
1997 (9 months after the publication date of this rule) to come into 
compliance with the new requirement for operators to conduct 
observation checks of check airmen and flight instructors once every 24 
months.
--Proposed Sec. 121.412(c)(1) has been revised to give part 121 
operators and flight instructors (simulator) who currently only provide 
proficiency instruction, until March 1997 to obtain a type rating if 
they do not already have one.
--Proposed Sec. 135.338(c)(1) has been revised to give part 135 
operators and flight instructors (simulator) until March 1997 to obtain 
a type rating for the type, class, or category of aircraft in which 
they instruct if they do not already have one.

    Although not in response to comments, the FAA has also added the 
word ``pilot'' in front of ``flightcrew members'' under proposed 
paragraphs (e) of Secs. 121.411 and 121.412. This clarification is 
necessary because 121.383(c) (the so-called ``Age 60 rule'') only 
applies to pilot flightcrew members.
    With the above modifications being incorporated, this rule is 
adopted as proposed.
    The FAA is making this rule effective on the date of its 
publication in the Federal Register pursuant to 5 U.S.C. Sections 
553(d)(1) and 553(d)(3). Because this new rule eliminates certain 
medical certification requirements, it relieves a restriction that used 
to exist and thus justifies an immediate change. (See 5 U.S.C. Section 
553(d)(1)). Because much of the rest of these rules are merely a 
recodification of long-standing rules, good cause exists for making 
this recodification effective immediately. (See 5 U.S.C. Section 553 
(d)(3)). Although these rules are effective immediately, the FAA is 
allowing operators and other affected individuals 9 months to come into 
compliance with two new requirements: the 24-month observation check 
and the type rating requirements. (See earlier discussion.)

Paperwork Reduction Act

    As stated in the NPRM, the paperwork burden associated with this 
rule is negligible. The FAA estimated the average burden hour per 
respondent at 15 seconds per individual every 2 years. As discussed 
above under ``Effective Date,'' OMB is reviewing the information 
collection requirements associated with this rule and will publish a 
notice informing the public when these information requirements become 
effective.

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 rule presents, nor 
were any differences indicated in any of the comments received.

Regulatory Evaluation Summary

    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

[[Page 30741]]

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 
rule is not ``a significant regulatory action'' as defined in the 
Executive Order and the Department of Transportation Regulatory 
Policies and Procedures. This rule will not have a significant impact 
on a substantial number of small entities and will have no impact on 
international trade. These analyses, available in the docket, are 
summarized below.

Benefits and Costs

    The requirements of this rule will not impose any additional cost 
on air carriers or other training entities currently providing 
simulator training. These additional requirements can be 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 flight instructors 
that conduct Line-Oriented Flight Training and Line Operational 
Evaluation in simulators had to be line qualified or line familiar and 
had to participate in a line observation program. This line observation 
program has the same requirements as the one that is being adopted for 
check airmen (simulators) and flight instructors (simulator). 
Therefore, this program will 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 is incorporated into the Code of Federal 
Regulations by this rulemaking. Since the above policy and practice 
exceed the requirements, this rulemaking will not impose any additional 
burden on the airline industry.
    The rule affords 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 will 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 rule also will reduce 
costs to the industry because it allows all initial and transition 
flight training for check airmen and instructors to be conducted in 
simulators or in flight training devices as opposed to the current in-
flight requirement. Accordingly, the FAA finds this rule to be cost-
beneficial because it does not impose any additional costs on the 
aviation industry and allows for less costly training of future pilots.

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 rule 
will not have a significant impact on a substantial number of small 
entities.

International Trade Impact Assessment

    This 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 rule are not likely to be significant enough to 
affect the competitive position of domestic concerns vis-a-vis foreign 
concerns.

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 
regulation is not significant under Executive Order 12866. In addition, 
it is certified that this 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 DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979).

List of Subjects

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Safety, Reporting 
and recordkeeping requirements, Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Reporting and 
recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR Parts 121 and 135 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

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

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
and 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44901-
44904, 44912, 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:
    (1) 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

[[Page 30742]]

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. 121.413 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 pilot flightcrew members in operations under this 
part.
    (f) A check airman (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type airplane involved within the 12-month period preceding the 
performance of any check airman duty in a flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (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 
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. 121.412:
    (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 rating 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;
    (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 a 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 
service 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 except before February 19, 1997 that person need not hold a 
type rating for the airplane type involved provided that he or she only 
provides the instruction described in Secs. 121.409(b) and 121.441;
    (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 pilot flightcrew members 
in operations under this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane within the 12-month period preceding the 
performance of any flight instructor duty in a flight simulator (and 
must hold a Class I or Class II medical certificate as appropriate); or
    (2) Satisfactorily complete an approved line-observation program

[[Page 30743]]

within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (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; and
    (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 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (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 transaction.
    (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.
    (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 (airplane), 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 aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (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)--

[[Page 30744]]

    (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--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND 
OPERATIONS.

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

    Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 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;
    (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 
flightcrew members in operations under this part.
    (f) A check airman (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
preceding the performance of any check airman duty in a flight 
simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (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 
calender 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 Sec. 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

[[Page 30745]]

    (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 except before February 19, 1997 that person need not 
hold a type rating for the type, class, or category of aircraft 
involved.
    (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 flightcrew member in operations 
under this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any flight instructor duty in a 
flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (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 added 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--
    (1) That person has satisfactorily completed initial or transition 
check airman training; and
    (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 
employed by the operator. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (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 nonexecution 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 preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, as operator check airman, or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (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.

[[Page 30746]]

    (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, flight training 
devices, or both, to ensure competence to conduct the flight 
instruction required by this part.

    Issued in Washington, D.C., on May 30, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-14084 Filed 6-14-96; 8:45 am]
BILLING CODE 4910-13-M