[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34508-34568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16432]



[[Page 34507]]


_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 1, et al.



Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking 
and at Training Centers; Final Rule

  Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules 
and Regulations  

[[Page 34508]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 61, 91, 121, 125, 135, 141, 142

[Docket No. 26933; Amendment No. 1-45, 61-100, 91-251, 121-259, 125-27, 
135-63, 141-7, 142; SFAR-58-2]
RIN 2120-AA83


Aircraft Flight Simulator Use in Pilot Training, Testing, and 
Checking and at Training Centers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule implements new regulations that contain 
certification and operating rules for training centers that will use 
aircraft flight simulators and flight training devices for pilot 
training, testing, and checking. This rule will increase the use of 
flight simulators and flight training devices by permitting their use 
for most airman certification training, testing, and checking tasks. 
This use of simulation for training, testing, and checking is more 
liberal than that currently permitted under the Federal Aviation 
Regulations. The training center concept will provide a common source 
for standardized, quality training accessible to any individual or 
corporate operator and air carriers. This action is consistent with a 
state-of-the-art training concept and recognizes industry 
recommendations for the expanded use of sophisticated flight 
simulation. The new rule also adds regulations regarding Category III 
instrument landing system operations.

EFFECTIVE DATE: This final rule is effective August 1, 1996.

FOR FURTHER INFORMATION CONTACT: Warren Robbins, Airman Certification 
Branch, (AFS-840), General Aviation and Commercial Division, Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591, Telephone (202) 267-8196.

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

    Flight simulation technology has shown enormous advancement during 
the past 30 years. The Federal Aviation Administration (FAA) has 
permitted greater use of aircraft flight simulators and flight training 
devices in training, testing, and checking airmen. The increased 
complexity and operating costs of the modern turbine-powered aircraft 
and the current operating environment have created an even greater need 
for the use of flight simulators and flight training devices. In many 
cases, flight simulators have proven to provide more in-depth training 
than can be accomplished in the aircraft. The use of flight simulators 
and flight training devices in lieu of aircraft has resulted in a 
reduction in air traffic congestion, noise and air pollution, and 
training costs. The increased use of flight simulators is also 
consistent with the national policy for fuel conservation.
    Flight simulators provide a safe flight training environment. They 
may reduce the number of training accidents by allowing training for 
emergency situations, such as fire, total loss of thrust, and systems 
failures, that cannot be safely conducted in flight. The FAA has 
traditionally recognized the value of flight simulation and has awarded 
credit for the completion of certain required training, testing, and 
checking by use of simulation.
    The first aircraft flight simulators approved by the FAA were 
relatively unsophisticated and were authorized for only a limited 
number of maneuvers and procedures. As flight simulator technology 
developed, the FAA expanded the use of flight simulators but still 
required students to perform a number of maneuvers in an aircraft. 
Among these were takeoffs, landings, taxiing, and some approaches.
    In Amendment No. 121-55 (35 FR 84; January 3, 1970), the FAA 
revised parts 61 and 121 to authorize the use of flight simulators and 
flight training devices for airman training, testing, and checking. 
This use applied only to part 121 air carriers.
    In Amendment No. 61-60 (38 FR 3156; February 1, 1973), the FAA 
authorized the Sec. 61.58 proficiency check for the pilot of an 
aircraft requiring more than one pilot to be accomplished in its 
entirety either in an airplane or in a flight simulator or flight 
training device. In alternating 12-month periods, the proficiency check 
consists of maneuvers and procedures that may be performed in a flight 
simulator or flight training device as set forth in appendix F of part 
121.
    Subsequently, the FAA issued Amendments 61-62 and 121-108 (38 FR 
35443; December 28, 1973), effective December 19, 1973. These 
amendments, in part, revised parts 61 and 121 by authorizing certain 
maneuvers and procedures of the pilot-in-command proficiency check to 
be performed in an approved visual flight simulator, if the pilot being 
checked accomplished two landings in an airplane of the same type.
    The FAA issued Amendments 61-69 and 121-161 (45 FR 44176; June 30, 
1980), effective July 30, 1980, that further expanded the use of 
advanced flight simulators for air carriers. Amendments 61-69 and 121-
161 formed the basis of the Advanced Simulation Plan, which included 
Phase I, II, IIA, and III flight simulators (part 121, appendix H).
    Since the infancy of simulation training, the training roles of 
several elements of the aviation community have expanded, most notably 
those of part 121 and part 135 certificate holders providing training 
for other certificate holders. Also, aircraft manufacturers are 
providing more simulation training now than they did in the past. This 
expansion has led to an ever-increasing need to issue exemptions.
    In June 1988, the FAA received from a joint industry/FAA task force 
1 several recommendations on the expanded use of flight simulators 
in new and innovative training programs. The recommendations included 
(1) Establishing a training center certificate for a separate training 
entity certificated to conduct training, testing, and checking under 14 
Code of Federal Aviation Regulations parts 61, 63, 91, 121, 125, 135, 
and 141; (2) centralizing an approval process for course programs and 
check airmen at the national level, with local approvals only for 
specialty (local or unique) courses; and (3) expanding and 
standardizing the use of flight simulators and flight training devices, 
while at the same time providing relief from certain provisions of part 
121, appendix H. The task force recommended single point oversight of a 
certificate by the FAA (instead of separate Flight Standards District 
Offices (FSDO's) approving centers in

[[Page 34509]]

their geographic areas), defining training center recordkeeping 
requirements, and providing relief from the medical certificate 
requirements for instructors and check airmen conducting training in 
only flight simulators and flight training devices. The task force 
submitted aircraft manufacturer recommendations as an addendum 
recommending that a manufacturer's training center provide the initial 
operating experience (IOE) for air carriers.
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    \1\ This task force was later subsumed by the Air Transportation 
Personnel Training and Qualifications Advisory Committee, 
established by FAA Order 1110.115, May 2, 1990. Today it continues 
to function as an issues area by the same name under the Aviation 
Rulemaking Advisory Committee.
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    In April 1989, this task force examined the role of training 
centers that provide training, testing, and checking for air carrier 
and general aviation pursuant to contracts, particularly training using 
flight simulators and flight training devices. This task force, which 
was comprised of aviation representatives from special interest groups, 
aircraft manufacturers, air carriers, university flight departments, 
and training centers such as SimuFlite, FlightSafety International, and 
Northwest Aerospace Training Corporation, examined flight simulation 
instructor and evaluator issues, including prerequisites; initial and 
recurrent training; requirements for current medical certificates; 
necessary in-flight experience; training center issues such as 
recordkeeping, facilities, and equipment; and the training program 
approval process.
    The formal recommendations of this task force were forwarded to the 
FAA in October 1989. Essentially, the task force recommended that the 
FAA standardize the use of flight simulators and flight training 
devices, provide a means to certificate entities called training 
centers, and permit the training centers to apply for national approval 
of core curriculums that could be used by individuals receiving 
training under parts 61, 121, 125, and 135. Following receipt of the 
recommendations, the FAA appointed an internal working group to 
consider the recommendations.
    The FAA working group concurred with most of the recommendations of 
the task force and recommended that the FAA undertake a rulemaking 
project that would include the concept of a certificated training 
center.

Related Activity

    Several other FAA rulemaking projects address some of the same 
sections of 14 Code of Federal Regulations (14 CFR) that are revised in 
this rule; however, this rulemaking addresses those sections as they 
relate to the use of simulation.
    Special Federal Aviation Regulation (SFAR) No. 58, ``Advanced 
Qualification Program,'' (Amendment 61-88, effective October 2, 1990, 
55 FR 40262) allows air carriers conducting training and testing under 
part 121 or part 135 to develop innovative approaches to training. Most 
AQP training programs will involve the use of simulation.
    Three projects, listed below, are final rules that the FAA expects 
to issue soon:
    ``Pilot, Flight Instructor, Ground Instructor, and Pilot 
Certification Rules,'' proposed on August 11, 1995 [60 FR 41160], 
revises parts 61, 141, and 143.
    ``Training and Qualifications Requirements for Check Airmen and 
Flight Instructors,'' proposed on February 22, 1996 [61 FR 6898], 
changes certain provisions of Secs. 121.411, 121.413, 135.337, and 
135.339.
    ``Part 121; Appendix H, Advanced Simulation Plan Revisions,'' 
proposed on February 14, 1995 [60 FR 8490], updates and revises 
appendix H of part 121.

Discussion of the Amendments and the New Rule

General

    This final rule addresses the following: (1) The creation of a new 
part 142 that contains certification rules and operating rules for 
training centers; (2) an expanded use of, and credit for, training, 
testing, and checking conducted in flight simulators and flight 
training devices in accordance with approved programs conducted at 
training centers to satisfy all or some of the requirements of SFAR 58, 
part 61, part 121, part 125, or part 135; and (3) new rules pertaining 
to Category III authorizations.
    The advantage of the training center concept is that it is a common 
source for standardized, quality training, testing, and checking 
accessible to any individual, operator, and air carriers. Program 
approval will be standardized through national guidance, which should 
prove especially helpful for training centers operating in different 
FAA regions. The rules applicable to training centers apply nationwide, 
and training programs, except specialty training courses, are subject 
to approval by local FAA offices only after detailed review for 
compliance with national guidance. A key concept in the proposal is 
standardization of certain elements of training programs, notably: the 
extent of the use of simulation, the prerequisites for the use of 
simulation for specific tasks, and simulation instructor and evaluator 
qualifications.
    The FAA proposed a national office to ensure standardization in 
simulation training. Several commenters supported the proposal to 
create a national office for standardization purposes. The FAA has 
decided not to create a national office at this time, however. In the 
present economic environment, government is increasingly exploring 
alternative methods of accomplishing many of its missions. 
Additionally, the FAA subscribes to the concept of decentralization of 
government to make it more responsive to the users, and accomplishing 
the objectives of this rulemaking without a national office is 
consistent with the precept of government decentralization. The FAA is 
convinced that it can attain and maintain the concept of 
standardization of simulation training by means more economical than 
creating a national office.
    Detailed guidance will be provided to FAA inspectors and potential 
training center certificate applicants in the form of handbooks, 
advisory circulars, and FAA orders. The Flight Standards Service will 
appoint an ad hoc group of several persons from within existing 
resources with experience in subjects related to simulation training 
centers. The ad hoc group will process the initial certificate 
applications, training specifications, and curriculum approvals. It 
will ensure that those approvals are standardized nationally and that 
they represent a smooth transition of existing training programs to the 
new training regulations.
    The Flight Standards Service also will train all its inspectors on 
features of part 142 training centers. It will provide detailed 
training to those inspectors who will have training center oversight 
responsibilities and to Principal Operations Inspectors (POI's) of air 
carrier certificate holders that may use a training center.
    After the steps outlined above are accomplished and the initial 
workload of certificate applications is completed, the ad hoc group 
will be dissolved, and approval of training center certificate 
applications and oversight of training centers will be decentralized in 
accordance with existing FAA structure and management practices.
    This rule does not take away any of the uses for flight training 
devices currently allowed by 14 CFR, and will have no adverse impact on 
the airmen who use flight simulation. Providers of flight simulation 
training, testing, and checking under part 142 will come under new 
regulatory controls that will enhance the use of qualified flight 
simulation in approved training programs. The changes are consistent 
with a state-of-the-art training concept, and they recognize industry

[[Page 34510]]

recommendations for the expanded use of sophisticated flight 
simulation. The FAA has determined that, if a student has prerequisite 
experience, a qualified flight simulator or flight training device used 
in an approved training program will provide for an effective transfer 
of skills to the actual aircraft.
    In this rule, the FAA implements the joint industry/FAA task force 
recommendations concerning training centers by using an operational 
concept that requires a training center to obtain a certificate plus a 
training specification (similar to an operating specification for part 
121 and part 135 operators). This approach will add flexibility to 
accommodate changing conditions without changing the certificate 
itself.
    Part 142 allows training centers that do not hold a part 121 or 
part 135 operating certificate to use approved flight simulators and 
approved flight training devices for airman training, testing, and 
checking. This rule also changes certain sections of parts 61, 121, 
125, and 135 to provide a mechanism for crediting training, testing, 
and checking in flight simulators toward some of the aeronautical 
experience, testing, and checking requirements of 14 CFR. Part 121 and 
part 135 certificate holders will continue to train personnel under 
those parts; however, those certificate holders will be required to 
acquire a part 142 training certificate in order to conduct training, 
testing, and checking for persons not subject to those parts.
    The authority to issue pilot certificates and the provisions 
permitting certain training, testing, and checking in a flight 
simulator or flight training device, rather than in an aircraft, 
remains in part 61.
    Part 142 regulates training center certification and operation to 
ensure that qualified flight simulators or flight training devices are 
used in conjunction with approved courses and curricula. The benefits 
of completing a course of standardized instruction in a structured 
training environment, and in a timeframe that allows for a building-
block approach to learning, has been recognized and is reflected in the 
part 141 flight experience prerequisites for pilot certificates. Thus, 
part 141 flight experience requirements were used as the basis for many 
of the part 142 initial requirements.

Part 141  Pilot Schools

    Pilot schools certificated under part 141 may continue to operate 
as they do now. Certification of new pilot schools will also continue 
under part 141. A part 141 pilot school wishing to use a Level A 
through Level D flight simulator for more than the hours currently 
allowed in a pilot ground trainer as described in Sec. 141.41(a)(1), 
however, will have to become certificated under part 142. (See Advisory 
Circular (AC) 120-40, Airplane Simulator Qualification, as amended, for 
the current descriptions of levels of flight simulators).
    This rule does not include an increase in credits for use of 
simulators except in the structured environment created by part 142, or 
as may be individually approved for an air carrier. Part 141 pilot 
schools that desire to undertake training by use of more sophisticated 
simulation, in addition to training accomplished by aircraft and flight 
training devices, may become training centers certificated under part 
142. They would apply for certification and course approval under part 
142 in the same manner as other applicants.

Advanced Qualification Program (AQP)

    This final rule has minimal impact on AQP. It provides the 
administrative structure for presentation of AQP to any group other 
than aircrews subject to a part 121 or part 135 approved training 
program who might receive the AQP training exclusively from their 
employing certificate holder. All AQP approval criteria, application 
procedures, instructor qualifications, recordkeeping, and data 
collection procedures, among others, remain as they are described in 
SFAR 58 or its superseding rules.
    This final rule changes the definition of a training center that 
appears in SFAR 58 to make it compatible with that term as used in part 
142; provides that trainers other than part 121 or part 135 certificate 
holders presenting an approved AQP to their aircrew employees will have 
to do so under a part 142 certificate; and allows persons other than 
part 121 or part 135 certificate holders to present training under AQP 
if that training is approved in accordance with SFAR 58.
    Specific relationships between training center certificate holders 
and holders of AQP authorizations, and of training center certificate 
holders who become holders of AQP authorizations, are discussed in the 
section of this document entitled ``Section-by-Section Summary of the 
Comments'' which follows.

Terms

    In response to comments, the FAA has either added or revised terms 
to expand and clarify the final rule. Each modification of a term or 
word is discussed in the ``Section-by-Section Summary of the 
Comments.'' A summary of the important new terms and words is provided 
below.

Flight Simulator

    Section 61.2 defines a flight simulator. In the past, the terms 
``simulator'' and ``training device'' have created confusion, so they 
are more clearly defined under this section. As defined, the terms make 
clear those devices that are not considered a flight simulator or a 
flight training device for purposes of this part.
    In this final rule, a flight simulator is defined as a full-sized 
replica of a specific type or make, model, and series aircraft cockpit, 
including the equipment and programs necessary to represent the 
aircraft in ground and flight operations. As defined, a flight 
simulator also includes a force cueing (motion) system providing cues 
at least equivalent to a three-degree of freedom motion system. A 
flight simulator is a device that is approved by the Administrator for 
uses that may lead to credit for aeronautical experience, required 
training, testing, or checking.
    Devices such as airborne ILS simulators, ground trainers, 
instrument trainers, and flight trainers are not considered flight 
simulators or flight training devices under this part unless 
specifically evaluated and approved as such by the Administrator.

Flight Training Device

    In several sections in this rule, flight training devices are 
listed with aircraft and flight simulators as permitted flight training 
equipment for various training, testing, or checking tasks of pilots, 
although no flight training device may exist for some tasks. The FAA 
intends to allow the possibility of approving flight training devices 
for training, testing, and checking a wide variety of tasks to allow 
and encourage the development of flight training devices in the future. 
By permitting the possibility of a wide variety of uses for flight 
training devices, which are generally less expensive than flight 
simulators, the FAA hopes to encourage the growth of simulation.
    Section 61.2 defines a flight training device as a replica of an 
aircraft's instruments, equipment, panels, and controls that is located 
in an open flight deck area or in an enclosed aircraft cockpit. This 
definition includes the equipment and programs necessary to represent 
the aircraft in ground operations and flight conditions. As defined, a 
flight training device is not required to have a force cueing or visual 
system. However, like a flight simulator, a flight training device is a 
device that requires approval by the Administrator

[[Page 34511]]

for all uses that may lead to credit for aeronautical experience, 
required training, testing, and checking.

Category III Operations

    This rule recognizes that technological advances permit aircraft 
operated under part 91 to conduct Category III extreme reduced 
visibility landing approaches. Part 91, specifically Sec. 91.191 and 
91.205, proposed to include implementing requirements to conduct 
Category III operations. Part 61 has been amended to specify the 
training and testing requirements for Category III operations. Part 1, 
Sec. 1.1, Category III approaches.

Simulated Instrument Flight Rules (IFR) Conditions

    Some airmen have expressed concern about the meaning of the terms 
``simulated IFR conditions'' or ``simulated instrument conditions'' in 
part 61. There appears to be confusion over whether these conditions 
can be achieved by the use of hood devices only. These terms are used 
throughout the 14 CFR to mean that instrument conditions may be 
simulated by artificially limiting pilot visibility outside the 
cockpit. Pilot visibility can be limited by a hood device, by 
artificially limiting visibility in an approved flight simulator or 
flight training device, or by other appropriate means. Section 61.45 
permits the artificial limitation of visibility by these various means.

Tests and Checks

    Generally, this rule uses the word ``test'' in lieu of the word 
``check.'' Specifically, this rule uses the terms ``initial test,'' 
``recurrent test,'' and ``practical test.'' These terms refer to an 
examination, whatever its nature, on which the applicant receives a 
grade, even though the grade may be only ``pass'' or ``fail.''
    An exception is found in Sec. 61.58 that requires a ``proficiency 
check'' for a pilot in command (PIC) of an aircraft. A ``proficiency 
check'' is one type of periodic review of a pilot's proficiency as a 
PIC, whereas an initial test determines that pilot's qualification to 
be a pilot. Thus, when referring to this type of requirement, the FAA 
believes that the word ``check'' is more appropriate.

Aircraft

    Prior to this rule, the only flight simulators referred to in the 
regulations were airplane simulators. The word ``aircraft'' is used 
throughout this rule, however, to indicate that the rule applies to 
training, testing, and checking in helicopters as well as in airplanes. 
When a requirement is meant to apply to only a particular category or 
class of aircraft, the appropriate category or class, such as 
``airplane,'' ``rotorcraft,'' or ``helicopter,'' is specified.

Normal Landings and Normal Takeoffs

    The terms ``normal landing'' and ``normal takeoff'' are used in 
several places in the new or amended sections of part 61. ``Normal'' is 
meant to describe maneuvers that are not emergency maneuvers or those 
that are not done under abnormal conditions. A ``normal'' takeoff or 
landing includes those: (1) With different flight path angles, from 
steep to shallow; (2) with different configurations, such as flaps down 
or up; (3) to or from different surfaces, such as sod, concrete, and 
wet or slushy surfaces, or (4) made under various other circumstances 
that may be described in an aircraft flight manual. An emergency 
takeoff or landing is not a ``normal'' takeoff or landing. A takeoff or 
landing is not ``normal'' if it is labeled ``abnormal'' by the aircraft 
flight manual.

Easily Reached Controls

    There has been some question about the meaning of the term ``easily 
reached and operable in a normal manner'' which appeared in Sec. 61.45. 
This term, as amended, means that controls that are ``easily reached'' 
are those that can be reached by any airman or applicant seated in a 
designated pilot seat, with seat belts, shoulder harness, or other 
provided restraints fastened.

Conventional Manner

    This rule also changes the term ``normal manner,'' as it refers to 
the operation of an aircraft, to ``conventional manner'' and defines 
this term. This new definition should eliminate potential confusion 
associated with the use of such terms as ``normal,'' ``abnormal,'' or 
``emergency'' performance. These different terms appear in many 
aircraft flight manuals and training curriculums. As used in this rule, 
in order to perform a normal, abnormal, or emergency maneuver in a 
``conventional manner,'' an applicant must use an aircraft that is 
equipped with one of the following: (1) A control wheel, stick, yoke, 
or cyclic control that in cruise flight, and in a forward movement, 
causes a decrease in pitch attitude, and rearward pressure causes an 
increase in pitch attitude; a left movement causes a bank to the left, 
and a movement to the right causes a bank to the right; and (2) rudder 
pedals or antitorque pedals which, when depressing the left pedal, 
cause the aircraft nose to yaw left and, when depressing the right 
pedal, cause the nose to yaw right. Aircraft with controls that operate 
differently than described above may still be used for a practical 
test, if the examiner determines that the flight test can be conducted 
safely in the aircraft.

Training Center

    The characteristics of a training center are addressed in section 2 
of SFAR 58 and several sections of part 142. Generally, it is defined 
as an entity that must hold an air agency certificate issued under part 
142 and must comply with all applicable sections of part 142. It should 
be noted that whenever the term training center appears in this rule it 
includes satellite training center.

Supervised Operating Experience

    Supervised operating experience (SOE) is experience required to 
remove certain limitations from an airman's certificate. The limitation 
that may be removed by SOE is a limitation on PIC privileges for a 
specified aircraft type issued to certain less-experienced pilots who 
use high level simulation only for all training and testing for a 
certificate, an added rating, or a certificate with an added rating. 
The required SOE must be accomplished by serving as PIC under the 
supervision of a qualified and current PIC in the airplane type to 
which the limitation applies. The SOE must be performed in the seat 
normally available to the PIC. The limitation may be removed by 
presenting evidence of the SOE to any FSDO. SOE parallels the operating 
experience requirement long a feature of air carrier training and 
qualification programs, but is less burdensome in that a current and 
qualified PIC instead of a check airman may provide the supervision. 
More detailed discussion on this matter follows in the response to 
comments about Secs. 61.64 and 61.158.

Summary of Comments

    Notice 92-10 was published in the Federal Register on August 11, 
1992 (57 FR 35888). The comment period closed on December 9, 1992. The 
FAA received 328 comments in response to Notice No. 92-10: 223 comments 
from various sectors of the interested public, namely pilots and 
certificated flight instructors; 48 comments from various aviation 
businesses; 13 comments from the major aviation associations; 11 
comments from commercial air carriers; 11 comments from the aviation/
academic training school community; and 4 comments from governmental 
organizations. Eighteen miscellaneous comments were either duplicates 
or entered to this

[[Page 34512]]

docket in error. The FAA considered all of the comments, even those 
received after the comment period closed.
    Of the 328 comments received, 278 comments made reference to 
proposals contained in Sec. 61.197 which addresses renewal of flight 
instructor certificates. (Of these 278 comments, 216 comments 
referenced only Sec. 61.197, 62 referenced Sec. 61.197 among other 
sections.) These comments, as well as those relating to Secs. 61.187, 
142.49, and 142.53 concerning instructor flight proficiency, training 
center instructor privileges and limitations, and training and testing 
requirements, were addressed in Notice No. 92-10A, a Supplemental 
Notice of Proposed Rulemaking (SNPRM) published in the Federal Register 
on February 19, 1993 [58 FR 9514]. The remaining 50 commenters 
expressed both support and opposition to the proposals. Many of these 
commenters supported the NPRM in concept and purpose, and made various 
recommendations for textual revisions. Other commenters made 
recommendations with no statement of strong support or opposition to 
the proposals. For purposes of discussion, the comments have been 
grouped into several broad categories and are discussed in further 
detail below. Each comment is discussed in the section of this document 
entitled ``Section-by-Section Analysis of the Comments.''

General Issues Covered in the Comments

    The following subjects received the most comments. These comments 
are responded to individually in a separate section of this document to 
follow entitled ``Section-by-Section Summary of the Comments.'' The 
issues raised and the nature of the comments are summarized below:
    1. The proposed definitions and guidelines regarding the use of 
flight simulators and flight training devices will ensure 
standardization of training.
    Approximately 15 commenters supported the standardization of 
training offered by new part 142. Several of the commenters, including 
Simulator Training, Inc., (STI) and the Aircraft Owners and Pilots 
Association (AOPA), suggested that part 142 define and standardize 
training center operations, and reduce the number of exemptions 
required for the use of simulation. Additionally, the Air Line Pilots 
Association (ALPA) supported the standardized certification 
requirements proposed by part 142. ALPA stated that the certification 
process ``will assure some level of minimum performance for these 
training centers, require accountability for training programs and 
equipment, and provide more consistent FAA oversight.''
    Northwest Airlines, Inc., (NWA) stated that ``the proliferation of 
programs has reached a level where increased regulatory controls must 
be imposed.'' NWA and other commenters, including FlightSafety 
International (FSI), strongly supported the proposal of an FAA part 142 
national office. These commenters suggested that the establishment of 
centralized resources would help to promote standardization and 
consistency in training and evaluation.
    2. The requirements for obtaining a part 142 certificate are 
burdensome, costly, and over restrictive.
    Approximately 30 commenters objected to various proposals for the 
part 142 certification process. The majority of these commenters 
specifically cited proposed Secs. 142.17(b)(3) and 142.17(d), 
suggesting that they are unnecessarily burdensome and costly.
    Fifteen commenters, primarily pilot schools, opposed the proposal 
that the principal business office of a part 142 certificate holder 
cannot be shared with another certificate holder. The commenters see 
this proposed restriction as imposing costly and unnecessary 
administrative duplication. Various commenters indicated that the 
requirement that a training center own or lease at least one FAA-
approved flight simulator would exclude many smaller training 
institutions from the benefits of part 142 participation due to costs 
and thereby preclude some students from receiving the benefits of 
advanced simulation training. In addition, several commenting part 121 
certificate holders stated that if part 121 certificate holders are 
required to apply for a separate certificate under part 142, they would 
be required to purchase duplicate flight training equipment and 
facilities. They stated further that part 142 certificate holders would 
be precluded from leasing ``dry'' simulator time from part 121 
certificate holders possessing such training equipment.
    3. A part 142 certificate should not be required to continue to 
provide training to employees of other part 121 or part 135 certificate 
holders.
    Several commenters opposed the proposals which would require 
training entities providing currently approved training programs to be 
certificated under part 142. These commenters represented a diverse 
group that included air carrier certificate holders, persons interested 
in AQP, and current simulator exemption holders.
    4. Flight experience gained from the use of simulation cannot fully 
replace the operational experience gained in the actual flight 
environment.
    Several commenters, namely some individuals and the National 
Transportation Safety Board (NTSB), expressed concern regarding the 
reduced hours of actual flight experience proposed in various sections 
of the NPRM and posited that flight experience gained through the use 
of flight simulation cannot fully replace the operational experience 
gained in the actual flight environment.

Section-by-Section Analysis of the Comments

    NWA suggested that some readers may have been confused by the 
structure of the NPRM, in that it set forth the proposed text, but did 
not show the text that remained unchanged. Asterisks were used to 
designate the text which the FAA proposed to leave unchanged. The use 
of asterisks for this purpose is consistent with the Federal Register's 
Document Drafting Handbook.
    Several commenters said that several of the proposals should be 
deleted in this rulemaking and considered in the part 61, 141, and 143 
review. The FAA carefully considered which topics to include in this 
rulemaking and which to include in the part 61, 141, and 143 review. 
Generally, if a topic relates to simulation, it was addressed in the 
NPRM for this rulemaking. Some other part 61 topics also are addressed 
in this rulemaking if it was necessary to revise the section for 
consistency of style and paragraph numbering.

SFAR 58

    SFAR 58.2  Definitions. The FAA proposed in Notice 92-10 to make 
the definition of training centers in this section compatible with the 
definition of that term as contained in Sec. 142.3.
    Several commenters expressed the belief that the proposed 
definition was confusing or ambiguous. The FAA agrees that the 
definition should be more clear and has simplified the definition. The 
revised definition includes those persons who obtain, and operate 
under, a part 142 certificate, and those part 121 and part 135 
certificate holders who present, under AQP, training that they are 
required to present under part 121 or part 135.
    Other commenters suggested rewording the definition to exclude 
those training providers who already hold a part 121 or part 135 
certificate, or those persons who might provide AQP training for those 
certificate holders. This is an issue of the applicability of part 142, 
which is discussed in the section-by-section

[[Page 34513]]

analysis of Sec. 142.1 and further defined in Sec. 142.3.
    SFAR 58.11. Approval of Training, Qualification, or Evaluation by a 
Person Who Provides Training by Arrangement.
    Delta Air Lines, Inc., (Delta) in a comment typical of several 
others, said that there appears to be no sound reason to change the 
existing SFAR 58 provision for approval of AQP training, qualification, 
or evaluation to be offered by a part 142 training center. It went on 
to say that approval under SFAR 58 of training programs, instructor or 
evaluator qualification, and use of training equipment should 
constitute approval under part 142.
    The FAA agrees. The FAA had that intent when making the original 
proposals. For example, in the NPRM preamble discussion of Sec. 142.39, 
the FAA stated:

    ``The FAA believes that approval of a curriculum under SFAR 58, 
Advanced Qualification Program (AQP), should, for that applicant, 
constitute complete approval of that curriculum for use by a 
training center certificated under part 142, since the AQP 
application contains curriculum criteria at least as detailed as the 
part 142 curriculum requirements set forth in proposed Secs. 142.39 
and 142.77.''

    Several air carriers asked why the FAA proposed in this rulemaking 
to fix an expiration date for SFAR 58.
    SFAR 58 may or may not expire as determined by separate rulemaking 
action underway at this time. Under this final rule, a part 121 
certificate holder with an AQP authorization may continue, without 
certification under part 142, to train persons who are aircrew 
employees of another certificate holder who has an AQP authorization.
    Minor editorial changes have been made to clarify the intent of the 
proposed rule. This section is adopted with the revisions discussed 
above.

Part 61

    Sec. 61.1a (adopted as Sec. 61.2) Definition of terms. This section 
has been amended to include definitions for terms used in part 61. The 
following terms are defined:
    (1) An instructor who has a valid ground instructor certificate or 
current flight instructor certificate with appropriate ratings issued 
by the Administrator;
    (2) An instructor authorized under SFAR 58, part 121, part 135, or 
part 142 of this chapter to give instruction under those parts; or
    (3) Any other person authorized by the Administrator to give 
instruction under this part.
    (b) ``Flight Simulator, Airplane'' means a device that--
    (1) Is a full-sized airplane cockpit replica of a specific type of 
airplane, or make, model, and series of airplane;
    (2) Includes the hardware and software necessary to represent the 
airplane in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and a 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (c) ``Flight Simulator, Helicopter'' means a device that--
    (1) Is a full-sized helicopter cockpit replica of a specific type 
of aircraft, or make, model, and series of helicopter;
    (2) Includes the hardware and software necessary to represent the 
helicopter in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (d) ``Flight Training Device'' means a device that--
    (1) Is a full-sized replica of instruments, equipment, panels, and 
controls of an airplane or rotorcraft, or set of airplanes or 
rotorcraft, in an open flight deck area or in an enclosed cockpit, 
including the hardware and software for systems installed, necessary to 
simulate the airplane or rotorcraft in ground operations and flight 
operations;
    (2) Does not require a force (motion) cueing or visual system; and
    (3) Has been evaluated, qualified, and approved by the 
Administrator.
    (e) ``Set of airplanes or rotorcraft'' means airplanes or 
rotorcraft which all share similar performance characteristics, such as 
similar airspeed and altitude operating envelope, similar handling 
characteristics, and the same number and type of propulsion system or 
systems.
    Aerospace Industries Association (AIA) and Boeing Commercial 
Airplane Group (Boeing), in identical comments, stated that this part 
should not have new definitions for flight simulators and flight 
training devices, but should instead incorporate by reference the 
definitions for these items as contained in Advisory Circular (AC) 120-
40B and AC 120-45A.
    The definitions of ``flight simulator'' and ``flight training 
device'' set forth in new part 142 are, in all aspects, identical to 
those contained in the referenced AC's. The FAA has determined that the 
definitions should be contained in the regulatory text so that they are 
readily available to applicants for, and holders of, a part 142 
certificate and other persons who have an interest in the regulations 
concerning training centers.
    Crew Systems, Andrews University, and an individual stated that 
definitions should not be in this section, but rather in part 1 of 14 
CFR, and that the proposed definitions might have a different meaning 
to different people. The definitions contained in part 61 are 
applicable to that part of 14 CFR. Some of the words or terms might 
have a different definition in the context of a different part of 14 
CFR. Only those definitions that have general applicability to all 
parts of 14 CFR are placed in part 1.
    Airbus Service Company, Inc., (Airbus) recommended that this 
section be amended to include Air Transportation Ground Instructor, Air 
Transportation Flight Instructor, and Air Transportation Flight 
Instructor (Simulator Only) in the definition of authorized instructor.
    The authority of the persons cited by Airbus to function as 
instructors is limited to service in part 121 or part 135. The persons 
with the instructor titles cited by Airbus are not necessarily holders 
of an FAA flight instructor certificate, and may perform certain flight 
instructor functions by virtue of holding an airline transport pilot 
(ATP) certificate. The privileges of persons cited by Airbus are not 
changed by this definition; they remain the same for the operating part 
for which the person was designated. Additionally, many of the persons 
cited by Airbus could qualify as an authorized instructor in other 
parts, including part 142. See the provision of Sec. 61.2 (a)(2) as 
adopted.
    One person stated that including the words ``full-sized replica'' 
in the definition of a flight training device precludes the approval of 
personal computer flight simulation technology.
    The comment is accurate. The FAA is convinced that simulation has 
benefit only if behaviors learned can be transferred to the aircraft. 
The FAA is convinced that no effective transfer of learning has been 
demonstrated except from flight simulators and flight training devices 
that accurately replicate the performance of an aircraft. As discussed 
in the NPRM, AC 120-45, as amended, describes the minimum criteria for 
flight training devices which will result in

[[Page 34514]]

replication of aircraft performance suitable for specific training, 
testing, and checking. The FAA has under development a new AC 120-46, 
``Use of Airplane Flight Training Devices (In Flight Training and 
Checking for Airman Qualification and Certification),'' which will 
provide details about which tasks a particular level of flight training 
device may be used for training credit and which tasks one may be used 
for testing. At this time, no flight training aid based on what is 
commonly known as ``personal computers'' meets the criteria of AC 120-
45. Accordingly, the use of personal computer flight simulation 
technology is considered unacceptable.
    One commenter stated that this section, and all other proposed 
revised sections of part 61, should be deleted and considered in the 
phase II of the part 61, 141, and 143 review, which was referenced 
earlier as a related rulemaking project.
    The FAA does not agree that this would be an appropriate action. 
The purpose of this rulemaking was to undertake a comprehensive review, 
and revision if necessary, of all rules with the potential for 
increasing the use of simulation for airman training, testing, and 
checking. Many of these rules are contained in part 61; therefore, the 
FAA proposed revisions to certain sections contained in that part.
    Sec. 61.2 (adopted as Sec. 61.3)  Certification of foreign pilots 
and flight instructors.
    This section proposed rules for training centers and their 
satellite training centers for issuing certificates and ratings outside 
the United States. Specifically, this section proposed that training 
centers, and their satellite training centers, certificated under part 
142 of this chapter, be allowed to do the following outside the United 
States: (1) Add additional ratings and endorsements to certificates 
issued by the Administrator under the provisions of part 142; and (2) 
issue certificates to U.S. citizens within the authority granted to the 
training center by the Administrator.
    The National Association of Flight Instructors (NAFI) commented 
that it has long been an FAA policy to not issue U.S. certificates or 
additional ratings to foreign nationals outside the United States.
    The FAA agrees with the commenter that, under Sec. proposed 61.2 
(adopted as Sec. 61.3), the FAA does not issue U.S. certificates to 
foreign nationals outside the United States unless issuance meets the 
need stipulated in that section. However Sec. 61.2 (adopted as 
Sec. 61.3), has, for several years, allowed rating(s) to be added to a 
U.S. certificate of a foreign national outside the United States. 
Further, Sec. 61.13 has, for several years, allowed the FAA to issue 
certificates and added ratings, subject to this need and to collection 
of the reimbursement fee required by part 187 [60 FR 19628; April 19, 
1995; Fees for Certification Services and Approvals Performed Outside 
the United States, Rule and Notices.]
    NAFI further states that proposed paragraph (b)(1) does not have a 
limitation contained in proposed paragraph (a)(1). It recommends that 
the following limitation contained in paragraph (a)(1) be added to 
paragraph (b)(1): ``The pilot certificate or rating is needed for the 
operation of a U.S.-registered civil aircraft.''
    Modern multinational corporations may operate aircraft of different 
countries of registry. The commenter has not provided sufficient 
rationale for imposing the U. S. certification restriction. The FAA has 
determined, therefore, that proposed paragraph (b) should not contain a 
restriction on need to operate an aircraft of U.S. registry.
    Some commenters, namely United Airlines (United), Trans World 
Airlines (TWA), the Air Transport Association (ATA), and the Federal 
Express Corporation said, in essence, that the proposed part 142 
sections that would permit the certification of training centers 
located outside the United States, and that would permit them to add 
additional ratings and endorsements, threatens the standardization 
concept of part 142 training centers and should be dropped.
    The FAA plans to maintain standardization by providing adequate 
guidance on instructor and evaluator qualification, simulation 
approvals, curriculum approvals, and by emphasizing review and 
inspection of that guidance.
    Other commenters indicated that maintaining standardization of 
training center activities for those training centers outside the 
United States will cause a workload on the FAA.
    The FAA agrees that creation of foreign training centers will 
impose a workload on the FAA. See the FAA plan for compensation for the 
workload imposed by training centers outside the United States in the 
discussion of comments received in response to proposed Sec. 142.20 
(adopted as Sec. 142.19), ``Foreign training centers: Special rules.''
    For the reasons discussed, this section is adopted as proposed, 
except for editorial changes to make it clear that training centers 
prepare, train, and recommend applicants for a certificate or rating, 
but do not actually issue a certificate or rating unless the training 
center has specific authorization to issue airman certificates.
    Sec. 61.3 (adopted as Sec. 61.5) Requirement for certificates, 
ratings, and authorizations.
    The FAA proposed to amend the lead-in paragraph for Sec. 61.3(d) 
(adopted as Sec. 61.5 (d)) and to add a new paragraph (i).
    As proposed, paragraph (d) inadvertently would have prevented 
lighter-than-air instruction without a flight instructor certificate. 
That was not the intent of this rule. Therefore, language allowing such 
instruction without a flight instructor certificate is restored to 
paragraph (d) of this section. The FAA did not receive any comments on 
proposed paragraph (d), therefore, with this minor correction, 
paragraph (d) is adopted as proposed.
    Proposed paragraph (i) prescribed requirements for pilot category 
III authorization. It reads as follows:

    (i) Category III pilot authorization.
    (1) No person may act as pilot in command of a civil aircraft 
during Category III operations unless--
    (i) That person holds a current Category III pilot authorization 
for that category or class of aircraft, and the type of aircraft, if 
applicable; or
    (ii) In the case of a civil aircraft of foreign registry, that 
person is authorized by the country of registry to act as pilot in 
command of that aircraft in Category III operations.
    (2) No person may act as second-in-command (SIC) of a civil 
aircraft during Category III operations unless that person--
    (i) Holds a valid pilot certificate with category and class 
ratings for that aircraft and a current instrument rating for that 
category aircraft;
    (ii) Holds an airline transport pilot certificate with category 
and class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as SIC of that aircraft 
during Category III operations.

    Some commenters, namely TWA, Delta, American Airlines (American), 
ATA, British Aerospace Inc., Training Center (BAe), and AMR Combs 
(AMR), believe that part 121 and part 135 certificate holders should 
not be required to comply with paragraph (i) of this section, as they 
have not been required to comply with the Category II requirements of 
paragraph (f) of this section in the past.
    There is an alternate mechanism in part 121 to authorize 
certificate holders under that part to conduct reduced visibility 
instrument approaches. That alternative assures a level of safety 
equivalent to this rule. Because of the alternate mechanism in part 121 
to

[[Page 34515]]

authorize the commenters and similarly-situated persons to conduct 
Category II and Category III operations, the FAA agrees with the 
commenters, and has added a new paragraph (j) to except part 121 and 
part 135 certificate holders from compliance with paragraph (i). 
Current paragraph (f) has been revised in this final rule to conform it 
to the format of new paragraph (i). The flush paragraph at the end of 
paragraph (f) has been replaced with a new paragraph (j).
    Sec. 61.4  Qualification and approval of flight simulators and 
flight training devices. In this new section, flight simulators and 
flight training devices must be qualified and approved by the 
Administrator for training, testing, and checking, if the airman using 
flight simulators or flight training devices is to get credit to 
satisfy any part of 14 CFR. In addition, each particular maneuver, 
procedure, or crewmember function to be performed would be subject to 
the approval of the Administrator.
    A few commenters suggested that flight simulators and flight 
training devices should not have to be approved unless the person using 
them expected to get some credit for that use to satisfy some 
requirement of 14 CFR.
    The FAA agrees, and the rule text has been amended to clarify that 
only those flight simulators and flight training devices used to 
satisfy training, testing, or checking functions, as may be necessary 
to meet FAA regulatory requirements, must be qualified by the 
Administrator.
    NAFI said that guidelines must be established to specify the 
requirements for qualification and approval of flight simulators and 
flight training devices to prevent FAA inspectors from arbitrarily 
applying their personal standards, and that, once a flight simulator or 
flight training device is approved by the FAA, the FAA should not 
require another inspector to approve another of the same make and 
model.
    The FAA agrees that each FAA inspector should not arbitrarily 
determine standards for qualification and approval of flight 
simulators. The FAA has established guidelines and technical standards 
for flight simulators and flight training devices, in AC 120-40, as 
amended, and AC 120-45, as amended, respectively. These publications 
are available from the Government Printing Office and may be reviewed 
at any FSDO. These advisory circulars are made available to facilitate 
standardization, qualification, and recommendations for approval of 
particular maneuvers and procedures for each flight simulator and level 
5 through 7 flight training device, as they are defined at this time. 
FAA inspectors may approve the use of flight simulators and flight 
training devices for the maneuvers and procedures of a particular 
curriculum. To help ensure standardization, the FAA will provide 
national guidance for approval of training programs for all part 142 
training centers. This guidance should preclude widespread 
interpretation on the part of individual inspectors.
    Sec. 61.13  Application and qualification. The FAA proposed to 
revise paragraph (e) to make this section apply to Category III 
authorizations as well as to Category II authorizations. The revised 
paragraph reads as follows:
    (e) The following requirements apply to a Category II pilot 
authorization and to a Category III pilot authorization:
    (1) The authorization is issued by a letter of authorization as a 
part of the applicant's instrument rating or airline transport pilot 
certificate.
    (2) Upon original issue the authorization contains a visibility 
limitation--
    (i) For Category II operations, the limitation is 1,600 feet RVR 
and a 150-foot decision height; and
    (ii) For Category III operations, each initial limitation is 
specified in the authorization document.
    (3) Limitations on an authorization may be removed as follows:
    (i) In the case of Category II limitations, a limitation is removed 
when the holder shows that, since the beginning of the sixth preceding 
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument 
conditions.
    (ii) In the case of Category III limitations, a limitation is 
removed as specified in the authorization.
    (4) For the practical test required by this part for a Category II 
or a Category III authorization, a flight simulator or flight training 
device may be used for simulated instrument conditions, if approved by 
the Administrator for simulated instrument conditions.
    AIA and Boeing said that Sec. 61.13(e)(3)(i) should contain the 
same provision regarding simulated instrument conditions that appears 
in Sec. 61.13(e)(4); i.e., ``* * * a flight simulator or flight 
training device may be used for simulated instrument conditions. * * 
*''
    The FAA agrees with the suggestion of the commenters. Paragraph 
(e)(4) has been reworded to make it clear that an approved flight 
simulator may be used to meet the experience requirement of paragraph 
(e)(3) as well as to meet the Category II and Category III practical 
test requirements of part 61.
    ATA and several air carriers commented that this proposal fails to 
include language excepting part 121 and part 135 certificate holders 
from compliance with this section. They point out that Sec. 61.3 
(adopted as Sec. 61.5) contains an exception for part 121 and part 135 
operators from the qualification requirements for Category II 
operations.
    The provisions of Sec. 61.13 were not intended to apply to 
operations conducted by part 121 and 135 certificate holders since the 
FAA did not intend to propose, under Sec. 61.3, (adopted as Sec. 61.5) 
that a letter of authorization be required for these operations. These 
parts prescribe their own requirements for such operations.
    Proposed Sec. 61.3 (adopted as Sec. 61.5) has been revised to make 
it clear that the exception for part 121 and part 135 certificate 
holders also applies to Category III authorization. (See the discussion 
of Sec. 61.3 (adopted as 61.5)).
    Airbus suggested additional text for this section that would delete 
ILS approaches, because MLS, GPS, and other approaches are likely in 
the future.
    The FAA agrees that the regulations need to be modified to reflect 
changing technology; however, this was not a subject of these proposals 
and cannot be addressed in this rule at this time.
    Airbus also suggested that this section be amended to specify the 
quality of the simulated visual scene required for the practical test.
    The FAA agrees that the quality of the simulated visual scene that 
may be used to complete the Category II or Category III practical test 
is of great importance. The sections of the rule that actually require 
and authorize training and testing to show competence in reduced 
visibility operations, Secs. 61.3 (adopted as Sec. 61.5), 61.67, and 
61.68, specify that the practical test must be accomplished under an 
approved training program of an air carrier for that air carrier's 
aircrews, or in an approved training program of a part 142 certificate 
holder. Training program approval criteria for each of those training 
programs specify, or will specify, that a flight simulator must be 
qualified and approved by the FAA for each maneuver, procedure, and 
crewmember task. Further guidance for the technical requirements of 
flight simulation is published in AC 120-40 and AC 120-45, as amended. 
The FAA believes that the quality control provided by the provisions 
described above is satisfactory. Quality of the visual scene in all 
modes of flight and the quality of simulation in general is a high 
priority for the FAA. For the reasons discussed, this section rewords

[[Page 34516]]

paragraph (e)(4) and is otherwise adopted as proposed.
    Sec. 61.21  Duration of Category II and Category III pilot 
authorizations. In addition to a change in the title, this section 
proposed that Category II and Category III pilot authorizations would 
expire 6 months after last issued or renewed.
    ATA and a few member air carriers commented that these proposals 
included a duration of authorizations that is too restrictive for part 
135 and part 121 certificate holders.
    The provisions of Sec. 61.21 were not intended to apply to 
operations conducted by part 121 and 135 certificate holders since the 
FAA did not intend to propose, under Sec. 61.3 (adopted as Sec. 61.5), 
that a letter of authorization be required for these operations. These 
parts prescribe their own requirements for such operations.
    Proposed Sec. 61.3 (adopted as Sec. 61.5) has been revised to make 
it clear that the exception for part 121 and part 135 certificate 
holders also applies to Category III authorization. (See the discussion 
of Sec. 61.3 (adopted as Sec. 61.5)).
    Therefore, this section does not apply to a part 121 or part 135 
certificate holder.
    Therefore, this section is adopted as proposed.
    Sec. 61.39  Prerequisites for flight tests. The FAA proposed in 
this section to specify a 60-calendar-day time limit for completion of 
all increments of the practical test (i.e., the oral increment, the 
flight simulator increment, and the flight increment).
    In the event that the entire practical test is not satisfactorily 
completed within the prescribed 60 calendar days, an applicant is 
required to retake the entire practical test, including those 
increments satisfactorily completed more than 60 calendar days 
previously.
    NAFI recommended minor editorial changes to the proposed rule text, 
and those minor changes were made in the final rule.
    One commenter said that the proposals of this section should be 
withdrawn and considered in a subsequent review of part 61.
    The FAA cannot defer the implementation of these proposals, since 
they relate to simulation testing, a subject covered by this 
rulemaking.
    No other changes were suggested by commenters. Accordingly, except 
for editorial changes, this section is being adopted as proposed.
    Sec. 61.45  Flight tests: Required aircraft and equipment.
    Proposed paragraph (a) provides that an applicant may use a flight 
simulator or a flight training device for those tasks of a practical 
test for which the flight simulator or flight training device has been 
approved. Previously, this section did not clearly permit the use of 
flight simulators or flight training devices for practical tests.
    Previously under part 61, a flight simulator or flight training 
device could be used only to demonstrate some SIC qualifications and 
also to train and test for the ATP certificate. NAFI commented that the 
FAA should complete guidelines to specify which maneuvers, procedures, 
and crewmember tasks can be trained, tested, or both, by use of each 
level of simulation. The FAA agrees, and is drafting such a document 
(AC 120-46) at the present time. (See also the response to comments 
about Sec. 61.1).
    ATA said, in a comment similar to several others, that the proposed 
amendments to this section are not necessary, since ``* * * the purpose 
of the current rule was not to specify that an aircraft must be used 
for the flight test, but rather to prescribe the aircraft requirements 
for registration, airworthiness, and equipment.'' ATA continues by 
observing that ``Amendment 61.45, effective Feb. 2, 1970, clearly 
authorizes the use of simulators for part of the ATPC/TR flight test. * 
* *''
    Current paragraph (a) of this section deals with the equipment an 
applicant must furnish for each test, as well as with the requirements 
for registration and airworthiness of that equipment. The wording of 
the current paragraph excludes any equipment except aircraft from being 
used for the practical test, except as provided in Secs. 61.55 and 
61.157. The proposed rule would allow simulation to be used for those 
tasks of the practical test for which the simulator is approved. The 
FAA considers this expanded use of simulation justified for reasons 
stated in the preamble to the NPRM. Accordingly, this section is 
adopted as proposed.
    Jeppesen-Sanderson and AMR questioned how such tasks as cross-
country skills, rectangular courses, S-turns across a road, and turns 
around a point can be evaluated by use of simulation.
    At the date of this final rule, there are no flight simulators or 
flight training devices that have been approved to evaluate several 
tasks, including the examples offered by these commenters.
    The intent in the proposal was to permit an increased use of 
simulation, in appropriate cases, without having to amend the rules 
each time that technological advances permit one of these tasks to be 
evaluated in flight simulation. With the assurance that simulation may 
be used to meet practical test requirements when it has the technical 
capability to do so, manufacturers of such devices should be encouraged 
to develop increasingly realistic simulation. Even with regulatory 
authority to use simulation for tasks of a practical test, simulation 
cannot be used for those tasks until the simulation medium has been 
developed, evaluated, and qualified by the FAA to evaluate such tasks.
    Airbus commented that the proposed revisions are unworkable for an 
aircraft manufacturer's training center and, if implemented, would 
impose a severe economic burden on the training center and the part 121 
operators it supports.
    Although Airbus did not specifically reference Sec. 142.57 in its 
comment, it appears Airbus is addressing the aircraft certification, 
registration, and airworthiness requirements that are discussed under 
Sec. 142.57 below. Training centers, which are to be certificated under 
part 142, have distinct requirements for aircraft certification, 
registration, and airworthiness. Those requirements, as adopted, are 
further discussed in Sec. 142.57.
    Proposed paragraph (c) provided that an applicant for a practical 
test must provide an aircraft with engine and flight controls that are 
easily reached, and that can be operated in a conventional manner by 
both the applicant and the evaluator. The paragraph also provided that 
the evaluator may conduct a practical test in an aircraft with 
different features.
    AMR stated that ``* * * 61.45(c)(2)(ii) seems to assume that an 
evaluator will be in a pilot's seat when conducting a practical test in 
an aircraft. However, evaluators and FAA inspectors currently may 
conduct the practical test from a jump seat, or some other location 
other than a pilot's seat. * * *'' It recommended rewording to better 
state this practice.
    The FAA agrees that the practice described by AMR has been and will 
be acceptable, and has reworded paragraph 61.45(c)(2)(ii) accordingly.
    Proposed paragraph (d) provided that each applicant for a practical 
test that requires flight maneuvers and procedures to be accomplished 
solely by reference to instruments, must provide equipment that 
excludes the applicant's visual reference to objects outside the 
aircraft.
    Airbus commented that proposed paragraph (d) is unnecessarily 
restrictive, in that it prohibits the use of vision-restricting devices 
that more realistically create the seeing conditions the pilot is 
likely to encounter during

[[Page 34517]]

the instrument-to-visual transition, including visual illusions 
associated with maneuvering by visual reference to landing in 
restricted seeing conditions. Airbus suggests rewording the paragraph 
to allow equipment that restricts an applicant's visual reference to 
replicate what might be seen during a reduced visibility approach 
transition to a landing.
    The FAA notes that this section is directed at maneuvers and 
procedures that must be done solely by reference to flight instruments; 
it was not intended to, and is not adequate to address, maneuvering 
partially by reference to instruments and partially by reference to 
obscure visual references to objects outside the cockpit. The FAA 
lists, in separate publications, what objects must be visible at a 
specified point on an instrument approach in order to continue by 
visual reference. The FAA is not aware of a device that can be used in 
an aircraft to obscure visibility of objects other than those listed 
for continuation of an instrument approach.
    The FAA agrees with the commenter that this area of flight is 
critical. This is an area of flight that simulation can replicate much 
better than an actual aircraft. For simulation, the FAA requires that 
the simulated visual presentation be capable of displaying a scene with 
visibility as restricted as the visibility that the applicant will be 
authorized to observe when completing approaches. Guidance for scene 
presentation for simulation is contained in AC 120-40, as amended.
    This section is adopted with the changes discussed.
    Sec. 61.51  Pilot logbooks.
    The FAA proposed to revise paragraph (b)(1)(ii) to allow pilots to 
log the time accrued in a simulated flight lesson. The proposed text 
read as follows:

    ``(b) * * *
    (1) * * *
    (ii) Total time of flight or lesson.

    AMR commented that the word ``flight'' should be added before 
``lesson.''
    The FAA agrees and has changed the paragraph accordingly.
    AMR also commented that the requirement of present paragraph 
(b)(1)(iii), which states ``Place, or points of departure and arrival'' 
is pointless in the context of a simulated flight lesson, as it is 
quite possible to conduct a simulator training session and have no 
point of departure or arrival.
    The FAA agrees, and has changed the paragraph to except simulated 
flights from those sessions for which a point of departure and arrival 
must be entered.
    As proposed, Sec. 61.51(c)(2)(i) has been revised, including 
shifting the provision for recreational pilots to a new paragraph (iv), 
to make that paragraph easier to read. No substantive change has been 
made to the previous provision. The reference to a sole occupant of an 
aircraft has been removed since such a person by definition is the 
pilot in command.
    The FAA proposed to revise paragraphs (b)(3)(iii) and (c)(4)(ii) to 
permit the logging of instrument flight time in an approved flight 
simulator or approved flight training device.
    One commenter said that paragraph (c)(4)(ii) ``* * * only permits 
logging of simulated instrument conditions in an approved and qualified 
flight simulator or qualified and approved flight training device. It 
leaves the logging of simulated instrument flight time by utilization 
of a view limiting device in limbo and not discussed.''
    The FAA points out that the wording of this paragraph states that 
flight simulation ``may'' be used, not that it ``must'' be used, and 
that, in both the NPRM preamble and in the preamble to this final rule, 
a separate section entitled ``Simulated IFR Conditions'' is devoted to 
this discussion to make it clear that a variety of view-limiting 
devices may be used. Paragraph 61.45(d) as proposed and as adopted 
makes it clear that view-limiting devices, as well as flight 
simulation, are acceptable for practical tests.
    Andrews University commented that paragraph (c)(4)(ii) is good in 
that it allows logging of flight simulator and flight training device 
time both with and without a flight instructor.
    The FAA points out that this rule does not create any new authority 
for a pilot to log flight time in simulation equipment without an 
authorized instructor. On the contrary, this paragraph specifies that 
an authorized instructor must be present in order to log pilot time in 
flight simulation equipment. Further, Sec. 61.51(c)(5) provides that 
all time logged as instruction time must be certified by the authorized 
instructor from whom it was received. This requirement is intended to 
ensure that an applicant's logbook reflects all required instruction 
which was provided by an authorized instructor.
    With the amendment discussed, this section is adopted as proposed.
    Sec. 61.55  Second-in-command qualifications. The FAA proposed in 
Sec. 61.55 (b)(4) that initial SIC qualification tests for a particular 
category and class or type of aircraft require at least one takeoff and 
one landing to be satisfactorily completed in an aircraft of that 
category, class, and type as applicable.
    Several commenters expressed overall agreement with this proposed 
section.
    Boeing and AIA commented that, if the simulator used is qualified 
for the landing maneuver, the use of an airplane is unnecessary.
    The FAA believes that some minimal experience with the category, 
class, and type of aircraft, if applicable, is required for those SIC 
applicants not previously qualified in any capacity in an aircraft 
requiring a crew of more than one person. With the exception of the 
takeoff and landing that must be performed in the aircraft, the FAA 
believes that, based on its evaluation of the results of training and 
testing in flight simulators, the training and testing for SIC 
qualifications can be satisfactorily demonstrated in a part 142 
training course that is subject to FAA approval.
    Paragraph (b)(4) of this section was reworded slightly to make it 
clear that the requirement to complete only one takeoff and one landing 
in an actual aircraft applies only to persons who complete the rest of 
the requirements of this section in an approved course at a training 
center certificated under part 142.
    Sec. 61.56  Flight review. Under the previous Sec. 61.56, the 
flight review could be performed only in an aircraft. A new paragraph 
61.56(h) to this section proposed the use of flight simulators or 
flight training devices for the flight review if: (1) The flight 
simulator or flight training device is approved by the Administrator 
for that purpose; and (2) the flight review is accomplished in an 
approved course conducted by a training center certificated under part 
142.
    Jeppesen-Sanderson and the National Air Transportation Association 
(NATA), representing a consensus of General Aviation Manufacturers 
Association, Helicopter Association International, and others, 
commented that simulation should be allowed for the review, in approved 
courses conducted under part 141 or part 142.
    The FAA does not agree that part 141 should be changed in this rule 
to allow pilot schools to conduct the flight review. Part 142 training 
centers may conduct flight reviews using simulation because they will 
have substantially more required in the way of training capability by 
having the following: (1) at least one flight simulator or Level 6 or 
Level 7 flight training device; (2) considerably more detailed and 
structured training programs; and (3) more demanding instructor

[[Page 34518]]

qualifications than those required under part 141.
    United, in a comment similar to several others, recommended that 
the flight review should be permitted by simulation in an approved 
course conducted by a training center certificated under part 121 or 
part 142.
    There are no training centers now certificated under part 121 or 
any other part. Part 121 certificate holders have a training apparatus 
that may be called a school, branch, division, center, and a variety of 
other names. There is little doubt that many of them, with minimal 
effort at tailoring present training programs, could become training 
centers certificated under new part 142. There is no need to change the 
rules to allow part 121 certificate holders to conduct a course to 
satisfy Sec. 61.56; several courses presented by part 121 schools 
already satisfy the requirements of Sec. 61.56. In accordance with the 
current provisions of that section, a person need not accomplish the 
flight review if that person has satisfactorily completed a pilot 
proficiency check, or a test for a certificate, rating, or operating 
privilege. Most, if not all, training and qualification activities 
undertaken by a part 121 or part 135 certificate holder are for one of 
these purposes.
    Jeppesen-Sanderson commented that discussion and provisions for 
simulation not qualified for the landing maneuver should be deleted.
    Based on experience with simulation, the FAA believes that the 
flight review can be successfully accomplished in an appropriate flight 
simulator or flight training device. Previously, landing maneuvers, 
which likely would be required during a flight review, could be 
conducted only in a flight simulator qualified as Level B or higher. 
Section 61.57(g)(3), however, provides a means for the review to be 
accomplished in a Level A flight simulator or in a flight training 
device.
    One commenter said, in essence, that he believed the flight review 
should be an evaluation of maneuvers and procedures required for the 
issuance of the certificate applied for, and that not all maneuvers and 
procedures can be evaluated in a simulator.
    The FAA agrees that not all maneuvers and procedures can be 
evaluated in a flight simulator at the present time. Turns about a 
point, chandelles, lazy eights, among others, currently cannot be 
simulated. However, Sec. 61.56 does not require any specific maneuvers 
and procedures. An airman may complete a flight review in a simulator 
only if the review is undertaken after completion of an approved 
course. The FAA believes that the potential benefits of a structured 
review, subject to FAA approval, consisting of various subjects and a 
selection of various, but unspecified, maneuvers and procedures 
outweigh the fact that flight simulators cannot, at this time, 
replicate all maneuvers and procedures required of all certificate 
levels.
    For the reasons discussed, this section is adopted as proposed.
    Sec. 61.57  Recent flight experience: Pilot in command. In addition 
to a change in the title of this section to indicate that it contains 
PIC currency requirements, the NPRM proposed to revise paragraphs (c) 
and (d) to read as follows:

    (c) General experience.
    (1) Except as otherwise provided in this paragraph, no person 
may act as pilot in command of an aircraft carrying passengers, or 
of an aircraft certificated for more than one required pilot flight 
crewmember, unless that person meets the following requirements--
    (i) Within the preceding 90 calendar days, that person must have 
made three takeoffs and three landings as the sole manipulator of 
the flight controls in an aircraft of the same category and class 
and, if a type rating is required, of the same type of aircraft.
    (ii) If the aircraft operated under paragraph (c)(1)(i) of this 
section is a tailwheel airplane, that person must have made to a 
full stop the landings required by that paragraph in a tailwheel 
airplane.
    (2) For the purpose of meeting the requirements of this section, 
a person may act as pilot in command of a flight under day visual 
flight rules or day instrument flight rules if no persons or 
property are carried other than as necessary for compliance with 
this part.
    (3) Paragraph (c) does not apply to operations conducted under 
part 121 or part 135 of this chapter.
    (4) The takeoffs and landings required by paragraph (c)(1) of 
this section may be accomplished in a flight simulator or flight 
training device subject to the following--
    (i) The flight training device or flight simulator must have 
been qualified and approved by the Administrator for landings; and
    (ii) The flight simulator or flight training device must be used 
in accordance with an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (d) Night experience.
    (1) No person may act as pilot in command of an aircraft 
carrying passengers at night (the period beginning 1 hour after 
sunset and ending 1 hour before sunrise as published in the American 
Air Almanac) unless, within the preceding 90 days, that person has 
made not fewer than three takeoffs and three landings to a full 
stop, at night, as the sole manipulator of the flight controls in 
the same category and class of aircraft.
    (2) Paragraph (d)(1) of this section does not apply to 
operations conducted under part 121 or part 135 of this chapter.
    (3) The takeoffs and landings required by paragraph (d)(1) of 
this section may be accomplished in a flight training device or 
flight simulator that is--
    (i) Qualified and approved by the Administrator for takeoffs and 
landings, if the visual system is adjusted to represent the time of 
day described in paragraph (d)(1) of this section; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.

    FSI suggested that paragraphs (c) and (d) of this section should be 
changed to ``be consistent with Sec. 121.439.''
    The FAA must presume that the recommendation is to change paragraph 
(c), as paragraph (d) pertains to night recency of experience, and 
there is no night recency of experience requirement in Sec. 121.439. 
The deletion of the night landing requirement was not proposed and is 
not considered in the final rule. To make paragraph (c), general 
experience, including day landings, consistent with Sec. 121.439 would 
require operators to have check airmen, operations specifications, and 
require each airman to have specific previous experience in the 
airplane type (with no provision for aircraft not requiring a type 
rating) in operating parts other than part 121 and part 135. Such 
dramatic changes to part 91, or other parts of 14 CFR, would simply not 
be economically justified. This rulemaking is intended to encourage and 
accommodate the use of simulation for more extant training, testing, 
and checking tasks, but not to change the tasks required for any 
particular certificate, rating, or privilege. Therefore, paragraphs (c) 
and (d) are adopted as proposed.
    Also, the NPRM proposed to amend paragraph (e) to permit pilots to 
meet instrument currency requirements in an approved flight simulator 
or flight training device.
    NWA recommended that proposed paragraph (e) include an exception 
stating that the requirements of Sec. 61.57 do not apply to operations 
conducted under part 121 and part 135, similar to the construction of 
paragraphs (c) and (d) of Sec. 61.57.
    During the comment period and final drafting stage for this final 
rule, the FAA was separately considering a petition for exemption or 
other regulatory relief from the requirements of paragraph (e) for 
members of ATA. On November 11, 1994 the FAA published a final rule [59 
FR 56385] that revised Sec. 61.57(f) to provide that PICs employed by a 
part 121 or part 135 operator are excepted from compliance with the 
recency of experience requirements of Sec. 61.57, only if they are 
qualified under Secs. 121.437 or 135.243 and meet the recent experience

[[Page 34519]]

requirements under Secs. 121.439 or 135.247. Therefore, this exception 
in paragraph (f) will provide the relief suggested by the commenter.
    NATA commented that ``approved course,'' as used in this section, 
should include ``those courses approved under part 141 and part 61.'' 
Several other commenters asked what is meant by ``approved course,'' 
and whether such a course is limited to takeoffs and landings.
    The reference is to courses approved for training centers for 
establishing or maintaining currency in those tasks specified in this 
section. The content of such courses would not have to be restricted to 
takeoffs and landings. The courses might include, for example, 
different abnormal and emergency situations for takeoffs and landings, 
such as power loss, runway contamination, gusts and shear, factors 
causing visual illusion, physiological factors affecting night takeoffs 
and landings, and others. There is no such course approved under part 
141 and, as discussed earlier under Sec. 61.56, adding new courses to 
part 141 was not proposed and is not considered in this rulemaking.
    AMR commented that the preamble suggests that a simulator or flight 
training device can be used to meet instrument currency requirements, 
but the regulation requires that at least 3 of the required 6 hours be 
conducted in an aircraft. It recommended clarification of this point.
    The FAA agrees that there was an apparent conflict between the 
preamble to the NPRM and the rule text dealing with instrument 
currency. The rule text has been changed to reflect the intent of the 
preamble; paragraph (e)(1)(i)(A) has been changed to read, in part:

    (A) Logged at least 6 hours of instrument time including at 
least six instrument approaches under actual or simulated instrument 
conditions, not more than 3 hours of which may be in approved 
simulation representing aircraft other than gliders.

    A few air carriers commented that they disagree with the proposed 
change of verbiage which requires an instrument competency check to be 
given by ``a person authorized by the Administrator'' instead of by 
``an FAA inspector, a member of an armed force of the United States 
authorized to conduct flight tests, an approved FAA-approved check 
pilot, or a certified instrument flight instructor.''
    The proposed revision is needed to permit other persons to give the 
instrument competency check. For example, the new wording will include 
evaluators for part 142 training centers, designated examiners, pilot 
proficiency examiners, simulator-only instructors who do not hold a 
medical certificate, as well as all those persons named in the previous 
rule.
    For the reasons discussed, this section is adopted as changed.
    Sec. 61.58  Pilot-in-command proficiency check: Operation of 
aircraft requiring more than one required pilot. The FAA proposed to 
revise this section to permit airmen, under certain conditions, to 
accomplish required PIC proficiency checks entirely in a qualified and 
approved flight simulator.
    Proposed paragraph (a) provided that:
    (a) Except as otherwise provided in this section, to serve as pilot 
in command of an aircraft that is type certificated for more than one 
required pilot crewmember, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command check in an aircraft that is type certificated for more than 
one required pilot crewmember; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command check in the particular type of aircraft in which that person 
will serve as pilot in command.
    NAFI, apparently commenting on Sec. 61.58(a), commented that this 
section should be revised to close a loophole that allows certain large 
or turbojet aircraft, such as the DC-3 and some Cessna C-500 series 
aircraft, to be operated by a single pilot. It points out that, under 
the current and proposed sections, pilots of those aircraft may not be 
required to undertake the pilot proficiency checks.
    While NAFI's comment may have merit, changing the applicability of 
Sec. 61.58 is not the purpose of this rulemaking, and the FAA did not 
propose to change the tasks required for proficiency checks. As stated 
earlier, the purpose of this rulemaking is to encourage and accommodate 
the use of simulation for more training, testing, and checking tasks, 
but not to change the tasks required for any particular certificate, 
rating, or privilege.
    Proposed Sec. 61.58(e)(1) stated the following:
    ``Except as provided in paragraph (f) of this section, a check or a 
test described in paragraphs (d)(1) through (d)(4) of this section may 
be accomplished in a flight simulator qualified and approved under part 
142 of this chapter subject to the following:
    (1) Except as allowed in paragraphs (e)(2) and (e)(3) of this 
section, if an otherwise qualified and approved flight simulator used 
for a PIC proficiency check is not qualified and approved for a 
specific required maneuver--
    (i) The training center shall annotate, in the applicant's training 
record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as PIC, the pilot shall demonstrate 
proficiency in each omitted maneuver in an aircraft or flight simulator 
qualified and approved for each omitted maneuver.
    Proposed Sec. 61.58(e)(1) would have had the effect of requiring a 
flight simulator qualified as Level B or higher to satisfy the 
requirements of Sec. 61.58, since only Level B or higher level flight 
simulators are qualified for landing.
    FSI commented that exemptions have allowed successfully an 
alternative that permits the proficiency check to be accomplished in 
flight simulators not qualified for landing. That alternative requires 
the applicant to complete an approved curriculum, hold a type rating in 
the type aircraft for which the proficiency check is required, and have 
completed three takeoffs and three landings (one to a full stop) as the 
sole manipulator of the flight controls within the 90 days preceding 
the proficiency check.
    The FAA agrees that the alternative is a current and acceptable 
practice. Therefore, paragraph 61.58(e) is reworded to include this 
alternative.
    Paragraphs 61.58 (e)(2) and (e)(3) contain proposals pertaining to 
circling approaches and landings in certain simulators. For example, 
under the proposed rule, a proficiency check, which requires a circle-
to-land maneuver, would have to be accomplished in a flight simulator 
equipped with a visual system that permits accomplishment of the 
circling approach task. If the flight simulator used is not qualified 
for circling approaches and the applicant does not demonstrate circling 
approaches at the training center, proposed Sec. 61.58(e)(2) would 
require that the training center annotate the applicant's records with 
the statement, ``Proficiency in circling approaches not demonstrated.'' 
In addition, proposed Sec. 61.58(e)(2) would restrict the applicant 
from performing circling approaches as PIC, during conditions less than 
basic VFR weather minimums. This proposed restriction would remain 
until proficiency in circling approaches in either an aircraft or a 
flight simulator qualified for circling approaches is demonstrated to a 
person authorized by the Administrator to conduct the required check.
    FSI commented that helicopter pilots should not be required to 
perform circling approaches to satisfy the requirement of this section 
because, in essence, a helicopter can land to a downwind hover, then 
make a hovering

[[Page 34520]]

turn to make a landing to touchdown into the wind.
    While this comment may have merit, the FAA did not propose to 
change the circling approach requirement. This rule considers what 
tasks may be accomplished by use of simulation, either now or in the 
future, but does not attempt to determine what tasks should be required 
for any particular certificate, rating, or privilege. Those tasks are 
being evaluated in a separate rulemaking project (phase II of the part 
61, 141, and 143 review).
    Airbus commented that Sec. 61.58(e)(3) is not appropriate for 
training centers providing training for part 121 and part 135 
certificate holders. It continues that an air carrier's operations 
specifications prohibit circling approaches unless the pilot is 
qualified to perform circling approaches, and that the approved 
training for a particular air carrier does not require training in 
circling approaches unless the employing air carrier is approved to 
conduct circling approaches. Airbus suggests that this paragraph be 
written to exclude applicants who are currently employed by a part 121 
or part 135 certificate holder.
    The FAA agrees in part with the commenter. The comment appears to 
pertain to proposed Sec. 61.157 however. Therefore, the commenter's 
suggestion will be addressed in the preamble discussion pertaining to 
proposed Sec. 61.157.
    Section 61.58(f) proposed that, in order to accomplish the 
recurrent check entirely in a flight simulator, the pilot must have 
performed the 12-and-24-month proficiency checks in an aircraft, as 
described in Sec. 61.58(a) (1) and (2).
    FSI and Simuflite Training International (SFI) commented that the 
words ``if an applicant for a check required by this section has not 
satisfactorily completed a PIC check within the period required by 
paragraph (a)(1) or (a)(2) * * * '' that appear in proposed 
Sec. 61.58(e) are essentially the same as the provisions contained in 
proposed paragraph (f) which reads as follows:
    (f) If a pilot has not completed a pilot-in-command proficiency 
check within the period required by paragraph (a)(1) or (a)(2) of this 
section, that pilot must complete the required pilot-in-command 
proficiency check in an aircraft.
    These commenters point out that both paragraphs would therefore 
preclude reestablishment of PIC proficiency by use of a simulator, 
which may be more restrictive than current exemptions.
    The FAA agrees. It was not intended to propose that Sec. 61.58(e) 
be made more restrictive than recent practice has allowed. Accordingly, 
Sec. 61.58(e) has been reworded in the final rule. Paragraph (e) now 
reads as follows:

    (e) A check or a test described in paragraphs (d)(1) through 
(d)(4) of this section may be accomplished in a flight simulator 
qualified and approved under part 142 of this chapter subject to the 
following:
    (1) Except as allowed in paragraphs (e)(2) and (e)(3) of this 
section, if an otherwise qualified and approved flight simulator 
used for a pilot-in-command proficiency check is not qualified and 
approved for a specific required maneuver--
    (i) The training center shall annotate, in the applicant's 
training record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as pilot in command, the pilot shall 
demonstrate proficiency in each omitted maneuver in an aircraft or 
flight simulator qualified and approved for each omitted maneuver.
    (2) If the flight simulator used pursuant to this paragraph is 
not qualified and approved for circling approaches--
    (i) The applicant's record shall be annotated with the 
statement, ``Proficiency in circling approaches not demonstrated;'' 
and
    (ii) The applicant may not perform circling approaches as pilot 
in command when weather conditions are less than the basic VFR 
conditions described in Sec. 91.155 of this chapter, until 
proficiency in circling approaches has been successfully 
demonstrated in an approved simulator or aircraft to a person 
authorized by the Administrator to conduct the check required by 
this section.
    (3) If the flight simulator used pursuant to this paragraph is 
not qualified and approved for landings--
    (i) The applicant must hold a type rating in the airplane 
represented by the simulator; and
    (ii) Have completed, within the preceding 90 days, at least 
three takeoffs and three landings (one to a full stop) as the sole 
manipulator of the flight controls in the type airplane for which 
the pilot-in-command proficiency check is sought.

    In an apparent reference to proposed paragraph (g), which required 
a pilot's first PIC proficiency check to be accomplished in an 
aircraft, FSI commented that it believes that part 142 will have the 
same supervision and scrutiny required of training programs currently 
conducted under part 121, and that even the first proficiency check 
should be allowed in a flight simulator, as currently permitted under 
Sec. 121.439 (sic). (Apparently the commenter was referring to 
Sec. 121.441.)
    The FAA has considered the comment in the overall context of 
increasing the use of simulation in lieu of checking in an aircraft. 
The inclusion of a certificate limitation, as described in the 
discussion of Secs. 61.64 and 61.158, requiring SOE for certain less 
experienced pilots, will assure that pilots first due a PIC proficiency 
check in a specific type aircraft will have had some aircraft 
experience. Accordingly, after further consideration, the FAA has 
concluded that proposed paragraph (g) is unnecessary and it has not 
been adopted.
    Proposed paragraph (i) stated the following:

    (i) If a pilot takes the check required by this section in the 
calendar month before, or the calendar month after, the month in 
which it is due, the pilot is considered to have taken it when due, 
and future proficiency check due dates do not change.

    AMR commented, ``The proposed paragraph 61.58(i) leaves open the 
same questions that the existing language in parts 61.58(g) and 
135.301(a) leave open. The proposed paragraph establishes a base month, 
and a 90-day window for checking.'' AMR continues that there are any 
number of good reasons why a pilot may not get the check required by 
this section within the specified time period, and that the proposed 
language does not address the case of a pilot whose currency has 
lapsed. It recommends that the period for checking be extended to 
include the period from the month before the month a check is due until 
2 months after the month a check is due. It further recommends that 
another subparagraph be added to specify that, for those pilots who do 
not complete a proficiency check during the period due, a new 12-month 
period for proficiency check due dates will begin upon completion of 
the proficiency check.
    The FAA does not agree that extending the acceptable time period 
for completion of a proficiency check for 2 months beyond the due date, 
and allowing a total window of 4 months for an annual proficiency 
check, is warranted. Safety dictates that a pilot's proficiency be 
checked regularly and with some degree of frequency. The FAA has found 
it acceptable to conduct annual proficiency checks. The scenario 
described by the commenter would allow annual proficiency checks to 
become 14-month proficiency checks.
    The FAA does not agree that a new provision is necessary for pilots 
whose currency has lapsed. Paragraph (a) speaks to such a situation in 
that the pilot must be able to look back over the current month and the 
preceding 12 months or 24 months and find that he or she has completed 
the required check.
    AIA and Boeing commented that this section should not contain new 
flight training device definitions.
    Flight training device definitions are contained in Sec. 61.2 as 
adopted, and the rationale for adding those definitions is

[[Page 34521]]

provided in the discussion of that section.
    As discussed above, the FAA has revised proposed paragraph (e) and 
deleted proposed paragraphs (f), (g) and (i), and redesignated 
remaining paragraphs accordingly. This section is adopted with the 
changes discussed.
    Sec. 61.63  Additional aircraft ratings for other than airline 
transport pilot certificate (for parts 121 and 135 use only).
    The FAA proposed to revise this section title to make it clear that 
this section is applicable only to applicants who are pilot crewmember 
employees of a part 121 or part 135 certificate holder. This section 
would continue to set forth the requirements for adding additional 
aircraft ratings to pilot certificates other than ATP certificates.
    The NPRM proposed a new Sec. 61.64, titled ``Additional aircraft 
ratings for other than airline transport pilot certificates (for other 
than parts 121 and 135 use).'' This proposed section contains 
provisions for adding ratings for airmen other than pilots applying for 
an additional type rating through successful completion of a part 121 
or part 135 approved training program. The detailed testing guidelines 
are contained in FAA Practical Test Standards. More discussion on PTS 
follows in subsequent paragraphs, and under the analysis of comments 
about proposed Sec. 61.158 and appendix A of part 61).
    Several commenters, including TWA, said that the phrase, ``(for 
parts 121 and 135 use only)'' is confusing, and that the FAA should 
``enforce one, and only one, set of standards for an ATP certificate.'' 
Crew Systems said that the proposals appear to create two types of 
pilot certificates, one for part 121 and part 135 operations and one 
for all other operations.
    The FAA has but one set of standards for the ATP certificate, or 
for any other certificate. Section 61.63 and Sec. 61.64 are written 
differently to articulate the different procedures for gaining added 
ratings, including an added rating to the ATP certificate. Neither 
section addresses standards for the application of the ATP certificate. 
Part 61 has for years listed, under several paragraphs entitled 
``Flight proficiency'', broad areas of operations in which each 
applicant must demonstrate competence to be awarded any airman's 
certificate except for the ATP certificate. For the last several years, 
the specific tasks appropriate for an applicant for any certificate or 
rating, the conditions under which the tasks are to be performed, and 
the standards for each task have been published in PTS.
    Additionally, the FAA points out that there are now and have been 
for many years at least two different ways to gain an ATP certificate, 
or ratings to that certificate, or both. The certificate and ratings 
may be earned pursuant to the successful completion of an air carrier 
training program or by meeting the requirements of Sec. 61.63 or 
Sec. 61.157 outside an air carrier training program. Sections 61.63 and 
61.64 recognize the different ways to gain added ratings, and address 
the use of simulation for each of those ways.
    AIA, Boeing, and AMR commented about this section (and Sec. 61.64) 
in general. They stated that these sections are redundant, and that the 
requirements for a type rating or an ATP should be the same regardless 
of the employment status of the airman concerned.
    NATA commented that there was insufficient basis for the formation 
of what amounts to two types of ATP certificates, and that the 
certification standards for additional ratings should be the same 
regardless of employment. These comments were similar to several 
others.
    To clear some confusion apparently held by the commenters 
referenced in the previous paragraph, the FAA points out that 
Sec. 61.63 (and new Sec. 61.64) set forth the proposed requirements 
that would have to be met to add all additional ratings to airman 
certificates other than the ATP certificate, but not the requirements 
for the ATP certificate nor added ratings to that certificate.
    As stated earlier in the discussion of this section, the FAA agrees 
that there is only one standard for any added rating. The commenters 
have observed that there have been two different sets of certification 
requirements (but not standards) for an added rating to the ATP 
certificate. One requirement is the PTS, which requires all applicants 
who are not applying by virtue of having successfully completed an 
employing air carrier training program to complete all listed tasks. 
Another requirement, appendix A of part 61, allows waiver of training, 
testing, and checking of tasks that are excluded by an air carrier's 
operations specifications for those applicants who are applying by 
virtue of having successfully completed an employing air carrier 
training program.
    Airbus commented that proposed Sec. 61.63 this section 
inadvertently imposes an unnecessary economic burden on training 
centers of aircraft manufacturers which manufacture airplanes to meet 
the standards of part 25. It states that this section proposed 
Sec. 61.63 should be applicable to FAA inspectors and employees of a 
manufacturer training center, along with aircrew employees of a part 
121 or part 135 certificate holder.
    The FAA does not see a different economic impact as a result of 
applying the alternatives of this section, instead of Sec. 61.64, to 
individuals who are not aircrew employees of a part 121 or part 135 
certificate holder. The persons mentioned by the commenter have always 
been required to complete all the requirements now enunciated in 
Sec. 61.64; the exclusion from the requirement to train and test in 
certain tasks (for example, the circling approach maneuver) never 
applied to a pilot not employed by a certificate holder subject to the 
operating rules of part 121. Therefore, the requirements of Sec. 61.64 
are not additional requirements for the persons mentioned by the 
commenter, and do not impose an additional economic burden.
    In response to the comment about the requirements to be met by FAA 
inspectors to gain an added rating, the FAA is clear that the 
requirements for an individual airman apply to an FAA inspector.
    For the reasons described, this section is adopted as proposed.
      Sec. 61.64  Additional aircraft ratings for other than airline 
transport pilot certificates (for other than part 121 and 135 use). The 
FAA proposed in paragraphs (b)(1) and (c)(1) of this section that an 
applicant who holds a pilot certificate and applies to add a category 
or class rating must present a record of training certified by an 
authorized flight instructor showing that the applicant has 
accomplished certain training. Paragraph (d)(1) proposed that an 
applicant who holds a pilot certificate and applies to add a type 
rating must present a record of training certified by an authorized 
ground or flight instructor showing that the applicant has accomplished 
certain training.
    In addition to the comments on this section already addressed in 
the discussion relating to proposed Sec. 61.63, FSI commented that the 
wording of proposed Secs. 61.64(b)(1), (c)(1), and (d)(1) be changed to 
delete the words ``flight'' and ``ground'' wherever they appear before 
the word ``instructor.'' In essence, it says that, as proposed, this 
section would not allow authorized instructors, who do not hold flight 
instructor certificates, to certify flight training accomplished in 
simulation. It states that this practice already is permitted under 
existing exemptions.
    The FAA agrees. Accordingly, the final rule incorporates the 
revisions suggested by FSI.
    Paragraph (e) proposed the following:


[[Page 34522]]


    (e) The tasks required by paragraphs (b), (c), and (d) of this 
section shall be performed in--
    (1) An airplane of the same type, for which the type rating is 
sought; or
    (2) Subject to the limitations of paragraph (e)(3) of this 
section, a flight simulator or a flight training device that 
represents the airplane type for which the type rating is sought.
    (3) The flight simulator or flight training device use permitted 
by paragraph (e)(2) of this section shall be conducted in accordance 
with an approved course at a training center certificated under part 
142 of this chapter; or
    (4) In another manner approved by the Administrator.

    STI asked, ``What could be a possible (sic) another manner approved 
by the Administrator?'' It asked if the intent is to allow current part 
61 exemption holders to submit a program outside of a part 142 
certificated training center. STI believes that to do so would allow 
organizations to offer additional type ratings without a part 142 
certificate, and that would negate ``the level playing field for all 
operators subject to part 142 certification.''
    The new rule will allow current part 61 exemption-holding simulator 
training centers to continue to operate only if they obtain a part 142 
certificate. The phrase in question was intended to allow for approval 
of unforeseen circumstances for completing the tasks required to obtain 
a part 142 certificate without changing the rule. The FAA has 
determined, therefore, that proposed paragraph (e)(4) can be withdrawn 
and has renumbered several paragraphs accordingly.
    In a general comment concerning actual aircraft flight experience, 
the NTSB stated the following:

    The Safety Board realizes that there are limitations to 
simulation and believes that the proposed regulations must be 
sensitive to the safety needs served by retaining some aspects of 
actual flight experience.

The NTSB continued:

    The Safety Board recognizes that experience in * * * training 
devices cannot fully replicate operational experience in the actual 
flight environment and the ``seasoning'' that such experience 
provides * * *. The Safety Board urges the FAA to review the 
proposed regulations to ensure that they achieve the intent while 
still safeguarding basic pilot and instructor skills provided by the 
physical operating environment.

    In another comment addressing general experience in actual aircraft 
flight, ALPA stated the following:

    While it is true that aircraft simulation has reached 
unparalleled levels of realism, and we strongly support increased 
use of advanced simulation, there are other factors which are 
important, especially for low-time pilots.
    One factor is familiarity with and management of the air traffic 
control (ATC) environment. Unless every simulator flight is 
conducted as line oriented flight training (LOFT), a great deal of 
the required ATC interaction is missed. Under ideal circumstances, 
LOFT will include realistic interaction with ATC and other aircraft. 
Unfortunately, LOFT sessions are not always conducted with this 
degree of environmental realism. It is the operation and decision-
making experience which one receives in an aircraft in an ATC 
environment, including interaction with other aircraft, which makes 
them a safer pilot. This is especially important early in a pilot's 
learning experience.

    ALPA added: ``For these reasons, caution should be exercised in 
relying too heavily on simulator training in a pilot's early training 
and experience,'' and ``A pilot who is a candidate for an ATP has 
likely flown for a commercial operator for several years. * * *''
    The FAA agrees with the commenters' analysis of the importance of 
actual aircraft experience when an applicant will use flight simulation 
for a large portion of required training and testing. The FAA has had, 
for years, mechanisms for part 121 air carriers and for part 91 and 
part 125 operators to ensure the flying public that PIC's have actual 
aircraft experience prior to acting as PIC for aircraft requiring a 
type rating. Part 121 has a requirement for a potential PIC to receive 
specified initial operating experience (commonly known as IOE, required 
by Sec. 121.434) under the supervision of a check pilot. This operating 
experience requirement applies only to the ATP certificate.
    Notwithstanding the recency of experience requirement of 
Sec. 61.57, experienced pilots who operate under part 91 or under part 
125 have no further operating experience requirement. Relatively 
inexperienced pilots who intend to operate under part 91 or under part 
125 and who gained an airman certificate with a type rating or added a 
type rating to any level of airman certificate entirely by training and 
testing in a flight simulator have had a limitation placed on their 
airman certificate requiring operating experience similar to that 
required by Sec. 121.434. The terms of exemptions permitting these 
pilots to train and test entirely in flight simulators defined the 
experience level thresholds and set the requirements for SOE. The SOE 
requirement applies to any level of airman certificate. The SOE 
requirement applies only to a pilot who is to act as PIC for the first 
time in a particular type aircraft, and may be completed under the 
supervision of another qualified and current PIC.
    In light of its long-standing requirements for operating experience 
for new PIC's of aircraft requiring a type rating and to implement the 
NTSB recommendations and those of other commenters, the FAA is 
convinced that, in the interest of safety, it is essential to continue 
requirements for sufficient operating experience before newly 
certificated or rated pilots act as PIC's of aircraft requiring a type 
rating.
    For the reasons discussed in the preceding paragraphs, the FAA has 
added new paragraphs (e)(4) through (e)(12) specifying SOE requirements 
for certain less experienced pilots who apply for an additional rating. 
These revisions are fully responsive to the NTSB's and ALPA's comments. 
They reflect current FAA practice with limitations contained in 
exemptions or placed directly on pilot certificates or ratings obtained 
through simulation.
    With the exception of the revisions discussed above, Sec. 61.64 is 
adopted as proposed.
    Sec. 61.65  Instrument rating requirements. The FAA proposed in 
paragraph (c)(3) of this section, that an applicant for an instrument 
rating would have to have received instruction in instrument approaches 
using two different nonprecision approach systems and one precision 
approach system. Paragraph (g)(3)(i) proposed that the practical test 
for the instrument rating must include at least one published 
precision, nonprecision, and circling approach. Previously, this 
section had listed specific types of precision and nonprecision 
instrument approaches that an applicant had to receive instruction for, 
and had to satisfactorily accomplish, during practical testing.
    One commenter said that this section should continue to list 
specific non-precision and precision approaches that an applicant must 
train for and show competence in, instead of changing to the generic 
description, as proposed.
    The FAA believes that this change will help keep the rule from 
being or becoming obsolete and will provide relief to some applicants. 
With ever-changing technology, some instrument approaches may become 
obsolete in a few years. New instrument approaches have been added 
since the current rule was written, and other new ones are certain to 
be added.
    For the reasons discussed, paragraphs (c)(3) and (g)(3)(i) are 
adopted as proposed.
    Section 61.65(e)(2)(ii) proposed that the 20 hours of instrument 
instruction by an authorized instructor in a flight simulator or flight 
training device, currently allowed under part 61, be

[[Page 34523]]

increased to 30 hours of instruction in a flight simulator or flight 
training device if the instruction is accomplished in an approved 
course conducted by a training center certificated under part 142.
    Paragraph (h)(1) of the proposed revision to this section would 
permit the total pilot aeronautical experience requirement for the 
instrument rating to be reduced from 125 hours of pilot flight time as 
currently required by Sec. 61.65(e)(1) to 95 hours of pilot flight 
time, which may include 35 hours of simulated or actual instrument 
flight time if the entire instrument curriculum is accomplished under 
an approved part 142 course.
    Andrews University asked why the increase in credit, and why part 
141 pilot schools could not also have an increase to 30 hours.
    AMR Combs (AMR), an affiliate of American Airlines, and NATA 
commented that the proposals for certain reductions in aeronautical 
experience or instructional hours for the instrument rating conducted 
at a part 142 training center place part 141 pilot schools at a 
competitive disadvantage. They recommended that the FAA grant similar 
authority to part 141 schools that have approved flight simulators or 
flight training devices.
    Jeppesen-Sanderson commented that if a reduction of required hours 
from 125 hours of pilot flying time to 95 hours is valid for part 142 
then it is valid for part 141.
    Another commenter said that the proposed reduction of pilot flying 
time to 95 hours under proposed paragraph (h)(i) does not do justice to 
the level of exposure a person should have to operate safely in the IFR 
environment. The commenter continues that he can attest to the 
difficulties encountered when experience requirements were reduced from 
200 to 125 hours. The commenter believes that the level of skill 
required of the single-pilot IFR operation is the most demanding in 
aviation. The commenter states that the rigid oversight proposed for 
part 142 is commendable, but inadequate to compensate for the lack of 
experience.
    The FAA believes that the proposed changes discussed above are 
justified based on innovative training concepts that will be a feature 
of part 142 training centers. The reasons for the creation of a new 
training entity and assigning specific authorities and privileges to it 
are discussed under a previous section in this document entitled 
``Discussion of the Amendments and the New Rule.''
    While part 141 allows the use of ground trainers, except for part 
121 and part 135 certificate holders training their own aircrews, under 
this final rule, all flight simulator training, testing, and checking 
for which an airman is to receive credit to satisfy any requirement of 
14 CFR must be accomplished in part 142 training centers. These 
training centers will be subject to more stringent training program 
requirements than part 141 pilot schools. Part 142 training centers 
will be substantially more sophisticated than schools certificated 
under part 141 by virtue of the use of the most advanced levels of 
flight simulation. They will have considerably more detailed and 
structured training programs, their instructors will be subject to more 
demanding qualifications, and they will have more interaction with 
potential air carrier clients than part 141 pilot schools have.
    Experience has shown that there is a greater efficacy in more 
structured training using high fidelity simulation than in traditional 
aircraft-only or aircraft and complementary flight training device 
training such as provided by a part 141 pilot school. At present, under 
Sec. 141.41, a part 141 pilot school may use a flight simulator only to 
the extent that a flight training device may be used. The requirements 
for the part 142 certificate are discussed in more detail in the 
applicable section-by-section discussion.
    In response to the comment about placing part 141 pilot schools at 
an economic disadvantage, the FAA believes that the considerations 
discussed above justify the treatment afforded part 142 training 
centers. For the reasons discussed, the aeronautical experience 
requirements for the instrument rating can be reduced as proposed; all 
other proposals discussed above also are adopted in the final rule.
    Sec. 61.67  Category II pilot authorization requirements.
    The FAA proposed in paragraph (c)(4) of this section that the 
practical test for this authorization include approaches that need not 
be conducted down to the alert height or decision height, as 
applicable, authorized for Category II operations but only if the 
approaches are conducted in a flight simulator or flight training 
device. This section applies only to ILS approaches, since Category II 
applies only to ILS approaches by definition.
    Airbus Service Company, Inc., (Airbus) commented that references to 
ILS in this section should be deleted, since other means of conducting 
Category II operations will soon be available. It also recommended that 
references to alert height be deleted, because it is not appropriate 
for Category II operations.
    The FAA agrees that other means of conducting precision instrument 
approaches may soon be available. Those approach procedures may not 
include different categories, as ILS procedures do. It would not be 
appropriate to determine category requirements for other instrument 
approach procedures that do not yet exist. Therefore, the references to 
ILS contained in the proposed rule (this section and Sec. 61.68) are 
adopted in this final rule.
    The FAA agrees that alert height is a term not normally applicable 
to Category II operations, and the term is deleted in the final rule.
    The FAA stated in paragraph (d)(3) of this proposed section that 
oral questioning could be conducted at any time during the flight 
increment of the practical test.
    One commenter stated that oral questioning must never be allowed 
during the operation of an aircraft. He states that the demands placed 
on an applicant being tested are great enough without the applicant 
having to interrupt a train of thought to answer a question.
    The FAA agrees that an applicant should not be carelessly 
questioned during the conduct of a practical test. Routine questions 
that can be effectively conducted in an interview situation while on 
the ground should and will be conducted on the ground to the maximum 
extent possible. However, the FAA believes that it is in the interest 
of safety to allow evaluators to conduct limited oral questioning 
during the practical test. The FAA needs to be able to determine that 
an applicant is capable of recognizing and responding to outside 
questions, statements, or directions. A verbal warning from air traffic 
control (ATC) or another crewmember, an ATC inquiry about the status of 
flight progress or windshear encounter, report of a windshear, traffic, 
or other hazard to landing are examples of outside questions or 
interruptions that a crewmember must be able to cope with and respond 
to in the interest of safety. An effective method to determine that an 
applicant can cope with these examples and all the requirements of a 
practical test is to allow the person conducting the practical test to 
insert realistic distractions or to make simulated instructions or 
warnings to an applicant during the actual conduct of practical tests.
    The FAA has determined that the duration of this authorization 
should remain in Sec. 61.21. Accordingly, proposed paragraph (e) is not 
adopted.
    For the reasons discussed above, this paragraph is adopted as 
proposed

[[Page 34524]]

except for the changes discussed, minor typographical corrections, and 
deletion of the term ``alert height.''
    Sec. 61.68  Category III pilot authorization requirements. This new 
proposed section sets forth the requirements for a pilot to conduct 
Category III operations. Several part 121 certificate holders commented 
that the section should be amended to include the authority for part 
121 and part 135 certificate holders to conduct the authorization 
practical test pursuant to their approved training programs.
    The FAA agrees that part 121 and part 135 certificate holders 
should be authorized to conduct the practical test pursuant to their 
approved training programs. A new Sec. 61.3(j) is adopted (as Sec. 61.5 
(j) by this final rule to permit this practice.
    The FAA stated in paragraph (e)(4) of this proposed section that 
oral questioning could be conducted at any time during the flight 
increment of the practical test.
    Boeing and AIA commented that paragraph (e)(4) should be amended to 
clarify that the oral increment and flight increment do not occur 
simultaneously.
    The FAA agrees that the two increments should be separate to the 
extent possible, but believes that the authority of inspectors and 
examiners to ask clarifying questions during the flight increment as 
and if necessary should be stated in the rule. See the discussion of 
oral questioning during the flight increment of the practical test in 
the analysis of Sec. 61.67. Therefore, paragraph (e)(4) is adopted as 
proposed.
    Crew Systems commented that inclusion of Category III pilot 
authorization provisions in this rulemaking is inappropriate, for such 
provisions do not relate to the purpose of the rulemaking-the 
certification of training centers.
    One objective of this rulemaking is to facilitate the use of 
simulation and to cause growth in that industry. One task that flight 
simulators are being used for now, and almost certainly will be more in 
the future, is Category III training and testing. Thus, the provisions 
of this proposed section relate directly to the primary purpose of this 
rulemaking.
    AMR commented that the ``excruciatingly detailed practical test 
procedures in proposed paragraph 61.68(e)'' are not appropriate 
regulatory material. It suggests that the FAA delete proposed paragraph 
(e) of Sec. 61.68 in its entirety. It recommends that the proposed 
training and practical test procedures be included in AC 120-28C, or 
published in PTS. Ferrarese Associates, Inc., made essentially the same 
comment.
    The FAA has determined that it is appropriate to set forth those 
mandatory requirements for experience and testing of airmen applying 
for Category III authorization in a regulation. An advisory circular 
gives non-mandatory advice only for a means, but not the only means, to 
accomplish certain actions. The information in this section is similar 
to the regulatory language concerning Category II approach 
authorization, contained, for many years, in Sec. 61.67.
    The FAA has determined that the duration of this authorization 
should remain in Sec. 61.21. Accordingly, proposed paragraph (f) is not 
adopted. With this change, this section is adopted as proposed.
    Sec. 61.109  Airplane rating: Aeronautical experience. The FAA 
proposed to allow credit for instruction received in approved flight 
simulators and approved flight training devices in this section. The 
FAA previously required 20 hours of flight instruction, and all of that 
instruction must have been received in an airplane.
    Under this proposed section, a maximum of 2.5 hours of flight 
simulator or flight training device instruction from an authorized 
instructor is creditable toward the 20 hours of flight instruction 
required for a private pilot certificate, whether or not that 
instruction is accomplished in a training center certificated under 
part 142. The 2.5 hours of instruction time may be increased to 5 hours 
of instruction in a flight simulator or flight training device, 
provided the instruction is accomplished in an approved course 
conducted by a training center certificated under part 142.
    The flight instruction received in a flight simulator or flight 
training device must be accomplished in a flight simulator or flight 
training device representing an airplane.
    Previously, Sec. 61.109 required at least 40 hours of flight 
instruction and solo flight time. Under this proposed section, the 40 
hours of aeronautical experience may be reduced to 35 hours provided 
that the entire private pilot curriculum is accomplished under an 
approved part 142 course.
    The 35 hours of aeronautical experience may be further reduced 
under paragraph (i) of this section if the applicant completes an 
approved private pilot course and if the Administrator determines that 
a further reduction is appropriate based on a demonstration of training 
program effectiveness that warrants testing such a reduction. Under 
this exception, a training center might propose a test training 
curriculum the effectiveness of which might be validated by reference 
to post-training data covering at least 1 year of student performance 
before such a reduction could be considered for other students.
    Andrews University commented that it agrees with this proposed 
section.
    The Japanese Civil Aviation Bureau commented that the reduced 
aeronautical experience requirements of this section and Secs. 61.113, 
61.129, and 61.131 may have an impact on Convention on International 
Civil Aviation (ICAO) agreements, in that students meeting reduced 
aeronautical experience requirements may not meet ICAO member states' 
requirements for certificates based on a U.S. certificate.
    The FAA points out that the reduced aeronautical experience 
requirements authorized for part 142 training centers are the same as 
the reduced aeronautical requirements that have been authorized for 
part 141 pilot schools for many years. Therefore, certificates and 
ratings issued under part 142 would have the same ICAO member states' 
acceptance as certificates and ratings issued under part 141. The 
provision of paragraph (i), which might allow a particular course with 
fewer hours of aeronautical experience than otherwise specified in this 
section, might lead to a limitation on an airman's certificate that is 
similar to the limitation specified in Sec. 61.111(c) and in several 
other sections in this part.
    ALPA commented that the preamble discussion of paragraph (i) of 
this section, and similar paragraphs contained in other proposed 
sections, includes vague statements of data that a training center 
would have to track to validate its ability to train effectively in 
fewer than the minimum number of hours specified in each proposed 
section.
    The FAA agrees that the few terms offered as examples are not 
elaborately discussed. The intention is to allow maximum flexibility to 
a training center to develop, at some future date, innovative 
curriculums that might adequately train for a specific certificate or 
rating in fewer than the current minimum number of hours. In order to 
gain the privilege of further reducing minimum training hours, a 
training center will be required to demonstrate that it can provide 
proper training in fewer hours. To accomplish this, it would have to 
propose a method of tracking graduates and collecting data to validate 
training program effectiveness. Data to be tracked to point to program 
effectiveness might include incidents, accidents, hours flown, and type 
of flying. A training center would have to present historical data 
covering at least

[[Page 34525]]

1 year (or other period of time approved by the Administrator) before 
it could be granted a reduction in the minimum hours prescribed in this 
section. Data covering performance over this period of time is 
considered necessary to properly evaluate student performance. Data 
covering a shorter term would not be sufficient to allow the FAA to 
evaluate performance during varying seasonal conditions.
    ALPA also commented that 1 year of data collection is an inadequate 
period to collect data from which to draw conclusions used to validate 
the effectiveness of training students in fewer than the minimum number 
of hours set forth in the proposed rule. In support of this comment, it 
stated that accident and incident rates are difficult to quantify for 
even 10-year periods.
    The FAA points out that accidents and incidents are just examples 
of pilot performance that may be tracked, and are not meant to be the 
only items tracked. The FAA believes that it is in the public interest, 
and safe, to allow a reduction if data collected and evaluated justify 
such a reduction. If the performance data do not clearly justify the 
reduction, none will be undertaken. If, after a test is undertaken, the 
FAA determines that the performance of the pilots in the test group is 
below standard, the FAA will modify the validation data collection 
period or any other control measure that may be indicated.
    AMR commented that part 141 pilot schools would be at a 
disadvantage in that, unlike training centers, they would not be 
permitted to reduce the number of hours of aeronautical experience as 
proposed in this and similar sections. It recommends that pilot schools 
be allowed the same opportunity if the pilot school has approved flight 
simulators or flight training devices.
    The minimum number of hours of aeronautical experience proposed in 
the NPRM for purposes of part 142 is the same aeronautical experience 
required under part 141 for several years. The potential for an even 
further reduction is extended to part 142 training centers only, 
because the FAA is convinced that further reduction would be possible 
at this time only under the more sophisticated training environment 
required of these schools.
    AMR also commented that in the training environment it is 
relatively normal for a student to have more than one instructor during 
a course of instruction. Proposed Sec. 61.109(a), it points out, speaks 
of a singular instructor, as does the existing regulation. To better 
reflect the training center environment, and to avoid the implication 
that a trainee must have one and only one instructor, it recommends 
that the proposed language be changed to say ``flight instruction from 
an authorized instructor or instructors.''
    The FAA agrees that students are likely to have more than one 
instructor, and it does not intend to prohibit this practice. The term 
``authorized instructor'' as used throughout this final rule is 
intended to mean that instruction may be received from one instructor 
or from more than one instructor. The interpretive rules in 14 CFR part 
1 state that words importing the singular include the plural, and that 
words importing the plural include the singular.
    Therefore, for the reasons stated, this section is adopted as 
proposed.
    Sec. 61.113  Rotorcraft rating: Aeronautical experience. Under 
current Sec. 61.113, an applicant for a private pilot certificate with 
a rotorcraft category rating must have at least 40 hours of flight 
instruction and solo flight time in aircraft. Instruction in flight 
simulators or flight training devices is not authorized. The FAA 
proposed in paragraph (a)(1) of this section that the 40 hours of 
flight instruction and solo flight time must include at least 20 hours 
of flight instruction from an authorized flight instructor.
    AMR made substantially the same comment that it made about proposed 
Sec. 61.109 about a student having more than one instructor. See that 
section for the FAA response.
    With minor revisions to its format and structure, this section is 
adopted as proposed.
    Sec. 61.129  Airplane rating: Aeronautical experience. Under 
proposed Sec. 61.129(b), an applicant for a commercial pilot 
certificate with an airplane rating would have to have at least 250 
hours of flight time as a pilot, which could include not more than 50 
hours of instruction in a ground trainer acceptable to the 
Administrator.
    Under proposed Sec. 61.129(b)(1)(ii), up to 100 hours of flight 
simulator instruction or flight training device instruction could be 
credited toward the 250 hours of total flight time if the instruction 
is accomplished in an approved course conducted by a training center 
certificated under part 142. To be credited toward the total flight 
time requirement for a commercial pilot certificate, flight simulator 
or flight training device instruction received would have to be 
accomplished in a flight simulator or flight training device 
representing an airplane.
    AMR, in a comment identical to several others, commented that the 
terms of proposed Sec. 61.129(b)(1)(ii) should be made applicable to 
training under part 121, part 135, part 141, or SFAR 58.
    For reasons discussed in the analysis of comments to Sec. 61.65, 
additional flight time may be performed in a simulator and credited 
toward total flight time, only if the simulated flight time is 
accomplished in accordance with a training program approved under part 
142, part 121, or part 135.
    NATA commented that this section should be left unchanged.
    Jeppesen-Sanderson commented that an approved part 142 commercial 
course would allow all training, including cross-country experience, to 
be conducted in a flight simulator or flight training device, and that 
``* * * it is impractical to conduct the entire commercial training 
program in a simulator or flight training device.''
    In fact, the proposed rule would not affect the current requirement 
pertaining to cross country flights, and it proposed that a maximum of 
100 hours of the total of 190 hours of aeronautical experience may be 
accomplished in a flight simulator under part 142. The justification 
for permitting up to 100 hours of training to be accomplished in a 
flight simulator may be found in the discussion of comments to 
Sec. 61.65 and in the section of this document entitled ``Discussion of 
the Amendments and the New Rule.''
    The FAA has decided to omit the words ``Approved commercial pilot 
training program conducted under part 142'' from the title of paragraph 
(c). Paragraphs within a section do not normally have titles. With this 
change, this section is adopted as proposed.
    Sec. 61.131  Rotorcraft rating: Aeronautical experience. Under 
current Sec. 61.131, an applicant for a commercial pilot certificate 
with a rotorcraft category rating must have at least 150 hours of 
flight time, including at least 100 hours in powered aircraft, 50 hours 
of which must have been in a helicopter.
    Under the proposed revision to this section, the applicant may 
obtain 35 hours of credit toward total flight time requirement in a 
flight simulator or flight training device, or a credit of up to 50 
hours of the total required flight time in a flight simulator or flight 
training device if the flight simulator time or flight training device 
time is obtained from a training center certificated part 142. 
Previously, there was no provision for crediting flight simulation time 
toward this rating. Under the proposed rule, to be credited toward the 
total 150-hour flight time requirement, flight simulator or flight 
training device instruction received

[[Page 34526]]

would have to be accomplished in a flight simulator or flight training 
device representing a rotorcraft.
    A provision to allow a further reduction of the 150-hour flight 
time requirement, based on demonstrated ability to accomplish training 
requirements in less time, was also proposed.
    AMR commented that the ratio of dual time to solo time is out of 
balance, and that each of those categories of aeronautical experience 
should be adjusted.
    The ratio of dual to solo aeronautical experience is not 
appropriate to consider in this rule, which is aimed at increased use 
of simulation. The NPRM did not propose any changes to either solo or 
dual flight time requirements.
    With minor typographical changes, this section is adopted as 
proposed.
    Sec. 61.155  Airplane rating: Aeronautical experience. The FAA 
proposed to amend this section to allow more credit for the use of 
simulation toward the total required aeronautical experience 
requirement for an airplane rating on an ATP certificate.
    Under existing Sec. 61.155 (b)(2), an applicant for an ATP 
certificate with an airplane rating must have had at least 1,500 hours 
of flight time as a pilot, including, among other things, at least 75 
hours of actual or simulated instrument time, at least 50 hours of 
which were in actual flight. Up to 25 hours could have been obtained in 
a simulator.
    Under the provisions of paragraph (a)(2)(iii)(B) (3)(ii) of the 
proposal, the 25 hours of simulated instrument time previously allowed 
could have been increased to 50 hours if accomplished in an approved 
course conducted by a training center certificated under part 142.
    ALPA and Andrews University commented that it is inconsistent to 
propose to allow an increase of only 50 hours of simulated flight time 
for an applicant for an ATP certificate since proposed Sec. 61.129 
would permit a student to credit up to 100 hours of simulated flight 
experience toward the total requirement for the commercial certificate.
    The FAA believes that the proposal is not inconsistent. The flying 
hour credit allowed by proposed Sec. 61.129 was for total flight hours; 
the credit in this proposed section is for simulated instrument 
experience. However, in response to comments, paragraph (a)(3), as 
adopted, allows not more than 100 hours of total simulated pilot 
experience to be credited toward the total requirement for this 
certificate. This recognizes that those 100 hours could already be a 
part of time accumulated in obtaining a commercial pilot certificate.
    NATA and ATA commented, in a comment similar to that of several of 
its member organizations, that the proposal permitting increased 
amounts of simulated flight time to be credited as aeronautical 
experience should be extended to part 121 and part 135 certificate 
holders, and to holders of AQP authorization.
    It was not the purpose of this rulemaking to extend increased 
training credits to holders of certificates issued under part 121 or 
part 135. However, any curriculum can be organized for presentation 
under principles described by AQP, presented to the FAA for approval 
and, upon approval, presented to aircrew employees of the authorization 
holder or, if the authorization holder also holds a part 142 
certificate, to any other person.
    Boeing commented that this proposed section is not applicable to 
foreign pilots and military pilots.
    The provisions of this proposed section, however, do apply to 
military pilots and foreign pilots.
    This proposed section is adopted with the changes described above.
    Sec. 61.157  Airplane rating: Aeronautical skill (for parts 121 and 
135 use only). The FAA proposed to revise this section title to make it 
clear that it is applicable only to applicants for an ATP certificate 
(with an airplane rating) who are pilot crewmember employees of a part 
121 or part 135 certificate holder applying pursuant to that employer's 
approved training program. The FAA proposed a new Sec. 61.158 that 
applies to other applicants, as discussed under the next heading.
    Numerous comments were received concerning this section. In 
addition to the persons commenting on proposed Sec. 61.63, which 
concerns a similar subject, American Airlines (American), Delta, and 
FSI commented on this section. The comments were substantially the same 
as the comments regarding proposed Sec. 61.63.
    See the response to comments concerning proposed Sec. 61.63 for a 
discussion of the reasons for reserving Sec. 61.63 for part 121 and 
part 135 use. The same rationale applies to this proposed section.
    The FAA will continue the practice of allowing waiver of certain 
maneuvers, on an individual basis, as currently provided in appendix A 
of part 61 and the PTS, for those persons who have successfully 
completed an employing air carrier's approved training program for the 
type airplane involved within the preceding 6 calendar months. The 
waiver authority will apply only to applicants whose employer does not 
have the procedure authorized in the operations specifications, for 
example, circling approaches authorized by operations specifications. 
The waiver authority will not apply to all persons who are employed by 
an air carrier simply because of that person's employment.
    The FAA restructured proposed paragraph (a) to better conform to 
proper outline and grammatical construction. The subject matter of 
proposed paragraph (a)(2) is better placed in existing paragraph (c). 
However, in the final rule, the FAA has determined that only paragraph 
(g) should be added and therefore has withdrawn proposed paragraphs (a) 
and (c).
    The FAA has, for years, received questions about whether completion 
of a proficiency check taken under part 121 or part 135 would suffice 
for the certification requirements of this section. The FAA has 
maintained a policy that the proficiency checks in question suffice to 
meet the certification requirements of this section. To make that 
position clear, the FAA has added a new paragraph (g) to this proposed 
section.
    This section is adopted with the changes discussed.
    Sec. 61.158  Airplane rating: Aeronautical skill (for other than 
parts 121 and 135 use). The FAA proposed in this new section general 
skill requirements for each ATP certificate applicant with a single-
engine or multiengine class rating or type rating if the applicant is 
not a participant in an air carrier training program as an aircrew 
employee of an air carrier. This proposed section was intended to 
clarify which certification procedures apply to aircrew employee 
applicants of air carrier approved training programs and which apply to 
other applicants.
    Paragraph (c) proposed the following:

    (c) The tasks required by paragraphs (a) and (b) of 
(Sec. 61.158) shall be performed in--
    (1) An airplane of the same class, and, if applicable, an 
airplane of the same type, for which the class rating or type rating 
is sought; or
    (2) Subject to the limitations of paragraph (c)(3) of this 
section, a flight simulator or a flight training device that 
represents the airplane type for which the type rating is sought, or 
set of airplanes if the airplane for which the class rating is 
sought does not require a type rating.
    (3) The flight simulator or flight training device use permitted 
by paragraph (c)(2) of this section shall be conducted in accordance 
with an approved course at a training center certificated under part 
142 of this chapter; or
    (4) In another manner approved by the Administrator.


[[Page 34527]]


    STI asked, in essence, whether paragraph (c)(4) is intended to 
allow current part 61 simulator exemption holders to submit a training 
program for FAA approval without first obtaining certification under 
part 142.
    This is the same question that STI asked concerning proposed 
Sec. 61.64. Proposed paragraph (c)(4) is withdrawn for the same reasons 
stated in the response to the comment regarding proposed Sec. 61.64, 
and subsequent subparagraphs have been added to include the 
requirements for SOE for certain pilots who train and test for added 
ratings predominately or entirely by flight simulation.
    Several other commenters stated that the FAA appears to be 
proposing two different standards for the ATP certificate or added 
ratings to that certificate, one standard applicable to applicants who 
will conduct air carrier operations and a second standard for 
applicants who will conduct other than air carrier operations. See 
Sec. 61.64 for the FAA response to comments made by the NTSB and ALPA 
that applies also to this section.
    An editorial change was made to paragraph (a)(1) of this section to 
make the titles of the areas of operation exactly match the table of 
contents for those areas of operation in PTS ``FAA-S-8081-5.'' 
Editorial changes were made to paragraph (2) to make it clear that that 
paragraph applies only to additional airplane ratings. Additionally, 
although no comments were received about these proposals, the FAA has 
withdrawn proposed paragraph (2) (iii) and (iv) of this section given 
that they cover issues not germane to the objectives of this final 
rule.
    A few part 121 certificate holders asked if proposed Sec. 61.158 
would apply if a type rating is sought from a trainer other than one's 
own employer.
    As proposed, this section would apply to all applicants, who are 
not aircrew employees of a certificate holder, being trained in 
accordance with the requirements of subpart N of part 121 or subpart H 
of part 135, as applicable.
    Andrews University asked what minimum level of flight simulator or 
flight training device would be required by proposed paragraph (c)(2) 
to conduct a practical test.
    As discussed elsewhere throughout the proposal, the simulation 
medium, in addition to the requirements set forth under proposed 
paragraph (c)(2), must be qualified and approved for each maneuver, 
procedure, and crewmember function for which a training center proposes 
to use that simulation medium. The qualification standards are listed 
in AC 120-40, as amended, and AC 120-45, as amended, as applicable. In 
addition to the guidance contained in these AC's, the FAA is preparing 
a new AC 120-46, mentioned earlier in the discussion under Sec. 61.1, 
which will assist training center certificate applicants by presenting 
a matrix showing the level of simulation that is approved for various 
maneuvers, procedures, and crewmember functions. The availability of 
that AC will be announced separately.
    This proposed section is adopted with the changes discussed in the 
preceding paragraphs.
    Sec. 61.161  Rotorcraft rating: Aeronautical experience. Under 
current Sec. 61.161(b), an applicant for an ATP certificate with a 
rotorcraft category and helicopter class rating must have had at least 
1,200 hours of flight time as a pilot, including 75 hours of instrument 
time, 25 hours of which may have been simulated instrument time in a 
flight simulator or flight training device. Proposed Sec. 61.161 would 
allow the 25 hours of simulated instrument flight time to be increased 
to 50 hours if accomplished in an approved course at a training center 
certificated under part 142. To be credited toward the total flight 
time requirement, flight simulator or flight training device 
instruction would have to be accomplished in a flight simulator or 
flight training device representing a rotorcraft.
    AMR commented that the 25 hours of simulated instrument flight time 
should be increased to 50 hours if accomplished under part 121, part 
135, or part 141 if accomplished pursuant to an AQP authorization.
    The FAA does not agree that it is appropriate to increase simulated 
flight time as recommended by this commenter. See the section-by-
section discussion under Sec. 61.65 and the section of this preamble 
entitled ``Discussion of the Amendments and the New Rule'' for the 
rationale behind FAA's position on this issue.
    For the reasons discussed above, this section is adopted as 
proposed.
    Sec. 61.163  Rotorcraft rating: Aeronautical skill. The FAA 
proposed to revise this section to allow an airman to complete the 
practical test for a helicopter rating in a flight simulator or flight 
training device if the practical test is taken as a part of a 
curriculum at a training center certificated under part 142.
    FSI asked if it is an oversight that this section does not contain 
some of the same proposed paragraphs that are contained in proposed 
Sec. 61.158, which is the parallel section for airplane ratings.
    It is not an oversight that this section does not exactly parallel 
Sec. 61.158. The proposals that FSI questions contain provisions that 
would require an applicant to present a record of having received 
ground training and flight training on specified subjects, and to have 
been shown competent in specified areas of aeronautical knowledge.
    Proposed Sec. 61.158(a)(2)(iii) and (iv), which are the two 
paragraphs the commenter suggested that the FAA parallel in this 
section, have been withdrawn from Sec. 61.158 in this final rule as 
issues not germane to the objectives of this rulemaking. The FAA did 
not propose similar provisions in proposed Sec. 61.163. Therefore, it 
is inappropriate to consider this comment at this time. The comment 
will be considered if such proposals are made in the future for 
rotorcraft ratings.
    FSI also recommended that the proposed areas of operations listed 
in Sec. 61.163(a) be titled and re-ordered to be consistent with the 
table of contents contained in ``Airline Transport Pilot and Type 
Rating,'' (PTS FAA-S-8081-5).
    The FAA has changed the listing of areas of operation as suggested.
    In response to the comments addressed in the discussion of 
Sec. 61.158 and for the reasons stated there, the FAA has placed 
additional paragraphs in this section concerning added ratings obtained 
substantially or entirely in flight simulation.
    This section is adopted as amended.
    Sec. 61.169  Instruction in air transportation service. This 
proposed section would require that ATP's giving instruction in 
Category II or Category III operations be trained and tested in 
Category II or Category III operations, as applicable.
    Paragraph (a)(3) proposed that all instruction provided by ATP 
certificate holders be conducted in aircraft with functioning dual 
controls.
    BAe, in a comment similar to several others, commented that 
proposed paragraph (a)(3) would allow an ATP to instruct only in 
aircraft with functioning dual controls, not in flight simulators or 
flight training devices.
    Although the FAA did not specifically include simulation in this 
proposed section, the intent of this rulemaking is to provide for 
increased use of simulation wherever practical and where safety 
permits. Therefore, the FAA agrees that this paragraph should be 
revised to clarify that privileges of an ATP while instructing in air 
transportation service includes instruction in a flight simulator or 
flight

[[Page 34528]]

training device. A new paragraph (a)(2) has been added accordingly.
    Proposed paragraph (b) continued the existing limitation that an 
ATP could not instruct in an aircraft for more than 8 hours in any 24-
consecutive-hour period, nor for more than 36 hours in any 7 
consecutive days.
    Continental Airlines, FSI, and others commented that proposed 
paragraph (b) should specify that the instruction time limitations 
apply to aircraft only. These commenters specifically remarked that, 
with a briefing and debriefing session that each last for 2 hours, a 
simulator instructor's duty day may exceed 8 hours. FSI made the same 
comment in reference to Secs. 142.49 and 142.87, and this proposed 
section.
    Proposed paragraph (b) did not include simulation in the 
instructor's time limitation and simulator instruction would not have 
been permitted by the proposal. However, because the FAA has modified 
the proposal to allow simulator instruction, the FAA believes that duty 
time limitations should apply to both simulation and aircraft.
    Further, flight instruction time limitations regarding preflight 
and post flight activities or briefings and debriefings have never been 
addressed. The FAA has determined that, in this final rule, it is 
appropriate to clarify that time spent performing these activities does 
not count toward the proposed flight instruction time limitations. 
Therefore, the words ``excluding briefings and debriefings'' have been 
added to paragraph (b) of this section in the final rule.
    AMR commented that, by proposing time limitations, the FAA is 
mandating work rules, and that the FAA does not provide any 
justification for the arbitrary limitations imposed.
    The proposed time limitations are not new; they have been contained 
in current Sec. 61.169 for many years. The clarification to paragraph 
(b) discussed above should remove any confusion about not establishing 
new instructor duty times for simulation instruction.
    SFI commented that this rule is archaic and attaches a privilege 
(instructing) to a certificate that demands neither training nor a 
demonstration of skill as an instructor. It continues that the rules 
applicable to instruction in air transportation service should be 
contained in part 61 and that specialized requirements for air 
transportation instructors should be contained in Secs. 121.411 and 
135.337, as appropriate.
    In addition to holding an ATP certificate, persons who instruct in 
air transportation service in part 121 and part 135 must train, and in 
implementing guidance requirements as an instructor and demonstrate 
skill as an instructor, for the specialized application of air 
transportation service. The FAA is convinced that these requirements 
assure a level of safety for instruction equivalent to provisions of 
part 61, for privileges limited to air transportation service.
    This section is adopted with the changes discussed above.
    Sec. 61.187  Flight proficiency. As proposed, this section would 
permit an applicant for the flight instructor certificate to receive 
the required instruction for a flight instructor certificate in a 
flight simulator or flight training device used as part of an approved 
course conducted by a training center certificated under part 142. 
Previously, there was no provision for accomplishing the required 
instruction in anything other than an aircraft.
    An overwhelming number of comments favored expansion of simulation 
to authorize its use for part or all of the instruction that flight 
instructor applicants are required to receive. Commenters objected, 
however, to the apparent requirement that all instruction must be 
received in an approved part 142 training center course. Several 
commenters, responding to the NPRM, suggested that the instruction 
permitted by this section be permitted for air carriers, part 141 
schools, and holders of AQP or other authorizations.
    The FAA does not agree. This option has been considered in detail 
in previous discussion of comments on Secs. 61.56, 61.57, and 61.155.
    Jeppesen-Sanderson, and other organizations representing part 141 
and part 61 pilot schools commented, also in response to the NPRM, that 
a flight simulator could not do all the tasks in which a flight 
instructor must demonstrate competence.
    The FAA agrees that this comment is true. The reason for extending 
the permitted uses for simulation to training and testing for the 
flight instructor certificate, even though simulation will not 
currently perform all the requisite tasks for that training and 
testing, is the same as discussed in the section-by-section discussion 
of Sec. 61.56, regarding future use of simulators.
    A wording error in NPRM Notice 92-10 resulted in the proposed rule 
text saying that an applicant for a flight instructor certificate must 
have received instruction in a accordance with an approved course at a 
training center certificated under part 142; the intention was to say 
an applicant may receive instruction in such a course. Therefore, the 
FAA announced in an SNPRM (FR 58 9514, February 19, 1993) that it had 
inadvertently proposed to require that all instruction in preparation 
for the airman practical test for this for this certificate be 
accomplished in a part 142 course, when it intended to propose that, as 
an additional option, the required instruction could be obtained in an 
approved flight simulator or flight training device, if that 
instruction is received during an approved course offered by a training 
center.
    AOPA, in its comment to the SNPRM, expressed support for the 
changes proposed for this section.
    One person, in response to the SNPRM, stated that he objected to a 
change that would allow simulation to be used to satisfy any flight 
time required for a flight instructor certificate. In his comment, he 
stated: ``There * * * is no gain to be obtained * * * other than the 
cost reduction by the big companies.''
    The FAA believes that there are potentially significant cost 
benefits for all persons involved in aviation training, including 
individuals who may choose to use a training center for flight 
instructor training whenever it becomes available.
    In addition, the FAA has determined that allowing the training and 
testing for a flight instructor certificate would result in additional 
safety benefits if accomplished in a simulator rather than in an 
aircraft.
    After further analysis, the FAA believes that paragraphs (c)(2) and 
(c)(4), as they appeared in the SNPRM, are inaccurate, in that 
paragraph (c)(2) refers to a nonexistent flight instructor course 
meeting part 61, subpart G, requirements, and paragraph (c)(4) refers 
to a nonexistent flight instructor course under part 135. Additionally, 
paragraph (c)(3) is repetitive of other provisions of subpart G of part 
61.
    Therefore, the FAA has revised these paragraphs in the final rule.
    This section is adopted with the corrections discussed.
    Sec. 61.191  Additional flight instructor ratings. The FAA proposed 
to revise this section to permit an airman to accomplish the required 
practical tests for flight instructor ratings in a flight simulator or 
flight training device used as part of an approved course conducted by 
a training center certificated under part 142. Previously, there was no 
provision for accomplishing the practical test in anything other than 
an aircraft.
    The comments regarding this section are essentially the same as 
those

[[Page 34529]]

submitted in response to proposed Sec. 61.187. For the reasons 
discussed in response to proposed Sec. 61.187, this section is adopted 
as proposed.
    Sec. 61.195  Flight instructor limitations. This section proposed 
to require flight instructors giving instruction in Category II or 
Category III operations to be trained and tested in Category II or 
Category III operations, as applicable.
    One commenter agreed with the proposal, but remarked that he would 
like a better definition of what the Category II and Category III 
training would be.
    While development of such a definition is not the purpose of this 
rulemaking, testing requirements for these areas are described in 
Secs. 61.67 and 61.68 and training should track the requirements of the 
appropriate test.
    This section is adopted as proposed, with an added reference to 
Sec. 61.68.
    Sec. 61.197  Renewal of flight instructor certificates. The FAA 
proposed to amend this section to permit an applicant for renewal of a 
flight instructor certificate to conduct the required practical test in 
a flight simulator or flight training device in a course conducted by a 
training center certificated under part 142. Previously, there was no 
provision for accomplishing the practical test in anything other than 
an aircraft.
    In addition to the proposal stated above, the FAA inadvertently 
included certain other proposals in this section. The inadvertent 
proposals would have required medical qualifications for the renewal of 
a flight instructor certificate (proposed Sec. 61.197(a)(1) and 
(a)(2)), permitted alternative methods of renewal of the certificate 
without accomplishing a practical test (Sec. 61.197(b)(1) and 
(b)(2)(iv), and prohibited the use of a flight instructor refresher 
clinic for more than two consecutive renewals of a flight instructor 
certificate (Sec. 61.197(c)). After publication in the Federal 
Register, the FAA realized that these proposals had been inadvertently 
included in the NPRM. The FAA proposed to correct the error in an 
SNPRM, Notice 92-10A, (59 FR 9514, February 19, 1993). In effect, the 
SNPRM proposed to restore the provisions of current Sec. 61.197.
    Over 200 comments were received concerning this proposed section as 
written in the NPRM; nearly all opposed the inadvertent proposals. 
However, a few comments were received concerning the proposal to allow 
an applicant to renew a flight instructor certificate by taking a 
practical test in flight simulation pursuant to part 142. These 
comments were generally favorable.
    Ten comments were received concerning the revised proposals 
contained in the SNPRM. These commenters disagreed with the original 
proposals contained in the NPRM, which in fact made them comments in 
favor of the SNPRM. No comments were received that opposed the text as 
proposed in the SNPRM.
    For the reasons discussed, this section is adopted as proposed in 
the SNPRM, except for deleting the words ``in an aircraft'' from 
proposed paragraph (d). That revision was necessary to avoid an 
inference that an applicant has to complete an approved course 
conducted by a part 142 certificate holder in order to take the 
practical test in an aircraft.

Appendix A to Part 61

    The FAA proposed to change the title of appendix A to part 61 to 
read ``Practical Test Requirements For Airplane Airline Transport Pilot 
Certificate and Associated Class and Type Ratings (For part 121 and 
part 135 Use Only).'' This proposal was a companion change to the 
proposed change to Sec. 61.157, since appendix A implements 
Sec. 61.157.
    Boeing, AIA, and Crew Systems had the same comment that they had 
concerning proposed Secs. 61.63 and 61.64. Essentially, the comment was 
that the proposals appear to create two types of pilot certificates, 
one for part 121 and part 135 operations and one for all other 
operations.
    The FAA response to this comment may be found by reference to the 
discussion of comments about proposed Secs. 61.63 and 61.157.
    Airbus commented that appendix A should be deleted, and that the 
provisions of proposed Sec. 61.158 should be used instead. It adds that 
if appendix A cannot be deleted, it must be amended to accommodate 
modern aircraft.
    The FAA agrees that appendix A has become somewhat obsolete. 
However, the deletion or updating of appendix A does not relate to the 
purpose of the proposed rulemaking upon which the final rule is based.
    Therefore, in this final rule, appendix A is retitled, but 
otherwise unchanged. The deletion or updating of appendix A will be 
addressed as part of Phase II of the part 61 review which is referred 
to under the section entitled ``Related Activity.''

Integration of Appendix B to Part 61 Into Practical Test Standards

    The FAA proposed to delete appendix B to part 61. FSI asked about 
the future of a document to replace appendix B.
    The FAA does not plan to replace appendix B, as such. Instead, the 
FAA lists broad areas of aeronautical knowledge in several sections 
which specify requirements for various certificates and ratings. The 
specific tasks recommended for an airman to demonstrate competence in 
the broad areas of aeronautical knowledge are listed in implementing 
documents, such as the PTS.
    Therefore, appendix B is deleted in this final rule, as proposed.

Part 91

    Sec. 91.191  Category II and Category III manual. The FAA proposed 
to change the title of this section to include Category III manuals. 
The text of the proposed section sets forth the requirements for 
Category III manuals for civil aircraft conducting reduced visibility 
operations. These operations are defined as Category III operations 
elsewhere in part 91. Previously, there were no regulatory provisions 
applicable to part 91 operators who might anticipate Category III 
operations.
    Airbus, in the only comment received, commented that part 91 is not 
mature enough to warrant regulatory action.
    The FAA does not agree. Earlier in this preamble the FAA discussed 
the sophistication of aircraft operated under part 91, and the intent 
to not wait until a greater number of aircraft are capable of Category 
III operations before changing the rule to permit such operations under 
part 91. The FAA is convinced that it is time to amend part 91 to 
establish rules for reduced visibility operations.
    AMR, in a general comment about the proposed changes to part 91, 
stated that the proposals to amend part 91 appear to be totally 
unrelated to the thrust of the NPRM.
    The FAA believes that these proposals are related to the subject of 
the NPRM. Simulation is and will be used as a primary training vehicle 
for reduced visibility approaches. The NPRM proposed to require testing 
for those persons who will be authorized to conduct such approaches in 
a new Sec. 61.68. The proposed changes to Secs. 91.191 and 91.205 
provide requirements for aircraft equipment and procedures for Category 
III operations, which did not exist previously.
    The FAA has determined that, in order to allow time for compliance, 
persons desiring to obtain Category III

[[Page 34530]]

authorization should be given until August 1, 1997, to develop a 
Category III manual. Persons developing a Category III manual may use 
as general guidance Appendix A, modified as applicable, to address 
Category III Manual, Instruments, Equipment, and Maintenance. Because 
there will be few part 91 operators seeking Category III authorization, 
the FAA does not anticipate that development of Category III manual 
will impose a significant economic burden on a significant number of 
operators.
    This section is adopted as proposed, except for a change to 
establish a separate effective date.
    Sec. 91.205  Powered civil aircraft with standard category U.S. 
airworthiness certificates: Instrument and equipment requirements. This 
proposed section included requirements concerning instruments and 
equipment for Category III operations.
    Airbus made the same comment about this section that it made about 
proposed Sec. 91.191.
    The FAA response is the same as that set forth under Sec. 91.191.
    This section is adopted as proposed.

Part 121

    The FAA received numerous comments from major airline associations 
and air carriers that a part 142 certificate should not be required to 
continue to provide training to employees of other part 121 or part 135 
certificate holders. These commenters stated that parts 121 and 135 
contain sufficient requirements for instructors, evaluators (check 
airman), and training program approval and that the FAA does not need 
to separately specify those requirements in a new part to 14 CFR (part 
142).
    After reconsideration of the proposal in light of these comments, 
the FAA agrees that parts 121 and 135 contain sufficient requirements 
for training, testing, and checking any aircrew subject to those parts. 
For that reason, the following proposed revisions to these sections of 
part 121 have been withdrawn: Secs. 121.1, 121.401, 121.403, 121.405, 
121.407, 121.432a, 121.439, and 121.441. Upon evaluation of comments 
received, the FAA has concluded that the proposed subparts of part 142 
that were applicable to air carriers also were not needed and should be 
withdrawn. Therefore subparts F, G, H, and I, of proposed part 142 also 
have been withdrawn.
    In addition, the proposed revisions to part 121, appendix H and 
appendix I have been withdrawn. Part 121, appendix H issues are being 
addressed under separate rulemaking, as discussed under the section of 
this document above entitled ``Related Activity,'' and have, therefore, 
been removed from this final rule. The discussion below entitled ``Part 
142'' explains the rationale for withdrawing proposed appendix I and 
all proposed sections relating to drug testing.
    The FAA has determined, however, that a part 121 or part 135 
certificate holder, without obtaining a part 142 certificate, should 
not be allowed to provide training, testing, or checking to persons who 
are not aircrew employees of an air carrier certificated under the same 
part. Operations conducted by these individuals are not sufficiently 
similar to those of certificate holders to warrant such an exception.
    An air carrier interested in providing training, testing, or 
checking to such persons could modify its training program to suit the 
needs of those persons and meet the necessary requirements for a 
training program suitable for approval under part 142.
    Operating and training environments of other operators are 
different from those for air carriers. For example, air carrier 
training on dispatch (flight release and flight following) and crew 
resource management (CRM) training that includes dispatch as a resource 
may not be appropriate for some operators. Therefore, for a part 142 
program, a more extensive review of certain flight procedures is 
needed. Areas of training not common to all operators is further 
discussed in response to comments about Secs. 142.1 and 142.3.
    As discussed below, the following sections, Secs. 121.400, 121.402, 
and 121.431, are retained for this final rule.

Subpart N--Training Program

    Sec. 121.400  Applicability and terms used. Upon reconsideration of 
the ability of air carriers to train aircrews of other air carriers, 
the FAA has withdrawn most of this proposed section. However, the FAA 
will retain the definition of ``training center'' as proposed but will 
modify it to conform to the definition used under Sec. 142.3 as 
adopted.
    In addition, the FAA received a suggestion to add the term 
``requalification training'' to the companion section in part 135 
(Sec. 135.321). That term is already in common usage and is defined 
along with the terms defined in this section in FAA Order 8400.10, 
``The Air Transportation Operations Inspector's Handbook.'' Because 
requalification training is and will be accomplished in whole or in 
part by simulation, the FAA agrees that it should be defined in 
Secs. 135.321 and 121.400. Accordingly, a definition of requalification 
training is added as paragraph (b)(7) of this section. The FAA further 
determined that it would be preferable to place the proposed 
definitions of ``facility'' and ``courseware'' only in part 142. 
Therefore, these definitions are deleted from this section.
    Sec. 121.402  Training program: Special rules. The FAA proposed in 
this section that a part 121 certificate holder may provide training, 
testing, and checking services to others by contract. To provide 
training, testing, and checking for another part 121 certificate 
holder, the certificate holder would have been required to also hold a 
part 142 certificate and appropriate training specifications issued 
under part 142.
    Several commenters said that the section is entirely a description 
of functions under part 142 and that it duplicates language in part 
142.
    The FAA agrees with the commenters that the description of 
functions proposed in this section duplicates a description of 
functions covered in part 142. Therefore, the FAA has revised this 
section in order to eliminate the duplication and to expressly allow 
part 121 certificate holders to use part 142 training centers to meet 
all or part of its training requirements if the POI approves that 
training.
    NATCO stated that if each instructor, check airman, and evaluator 
can be shown to be qualified to fulfill the responsibilities, then a 
prerequisite for 1 year of employment should have no bearing on that 
person's effectiveness.
    The FAA agrees. As mentioned in the section entitled ``Related 
Activity'' there is a separate rulemaking action underway, a final 
rule, to amend appendix H of part 121 accordingly.
    After re-examination following analysis of comments, the FAA 
revised proposed Sec. 121.402(a) to provide that a part 121 certificate 
holder may continue to provide training, testing, and checking to 
another part 121 certificate holder provided the training meets the 
requirements of part 121 and the POI of that receiving certificate 
holder approves that training.
    The FAA further revised this section to indicate that the only 
entity, other than another part 121 certificate holder, that may 
provide training to a part 121 certificate holder is a training center 
certificated under part 142 of this chapter. This revision will ensure 
standardization and increase safety through the use of state-of-the-art 
training media that are inherent in training centers.
    This section is adopted with the changes discussed.

[[Page 34531]]

Subpart O--Crewmember Qualifications

    Sec. 121.431  Applicability. The FAA proposed to amend this section 
to permit training centers to provide testing and checking services by 
contract or otherwise to persons subject to the requirements of part 
121.
    Several similar comments were received which stated that the 
section would preclude part 121 certificate holders from providing 
training to other persons without being certified under part 142.
    The FAA agrees that the commenters' analysis is true to the extent 
that a part 142 certificate will be required for training, testing, and 
checking offered to persons other than aircrew employees of another 
part 121 certificate holder.
    For the reasons discussed earlier, this proposed section is deleted 
with the exception of the provision in paragraph (a)(2) permitting a 
part 121 certificate holder to contract with a part 142 certificate 
holder for all or part of the training required by part 121. Paragraph 
(a)(1) as adopted incorporates changes made to this section on June 14, 
1996 (61 FR 30432). The section is adopted as revised.

Part 125

    Sec. 125.285  Pilot qualifications: Recent experience. There were 
no comments concerning this proposed section. Therefore, it is adopted 
as proposed.
    Sec. 125.296  Training, testing, and checking conducted by training 
centers: Special rules. The FAA proposed this new section to permit a 
crewmember to credit the training, testing, and checking received under 
part 142 toward the training, testing, and checking required by part 
125.
    AMR commented that training centers certificated under part 121, as 
well as those certificated under part 142, should be allowed to 
accomplish training, testing, and checking to satisfy this section.
    As discussed earlier, there are no training centers certificated 
under part 121.
    For the reasons in the general discussion of part 121 this section 
is adopted as proposed.
    Sec. 125.297  Approval of flight simulators and flight training 
devices. There were no comments concerning this proposed section. 
Therefore, this section is adopted as proposed.

Part 135

    As discussed above in part 121, the FAA received numerous comments 
from major airline associations and air carriers that a part 142 
certificate should not be required for a part 121 or part 135 
certificate holder to continue to provide training to other than its 
own employees. These commenters stated that parts 121 and 135 contain 
sufficient detail regarding requirements for instructors, evaluators 
(check airman), and training program approval and that the FAA does not 
need to separately specify those requirements in a new part to 14 CFR 
(part 142).
    In general, the comments about the several new proposals or 
proposed revisions to existing sections of part 135 are very similar to 
those made in response to similar proposals in part 121. However, there 
were considerably fewer comments. Nevertheless, all comments received 
have been carefully reviewed and thoroughly considered.
    In response to comments, the FAA has decided to allow a part 135 
certificate holder to train the flight crewmembers of another part 135 
certificate holder without being certificated under part 142. Like part 
121 certificate holders, part 135 certificate holders must obtain a 
part 142 certificate in order to train persons who are not aircrew 
employees of another part 135 certificate holder.
    The FAA agrees that parts 121 and 135 contain sufficient 
requirements for training, testing, and checking of aircrews subject to 
those parts. For that reason, the proposed revisions involving the 
following proposed sections of part 135 have been withdrawn: 
Secs. 135.1, 135.292, 135.293, 135.297, 135.299, 135.323, and 135.325. 
Upon evaluation of comments received, the FAA has concluded that the 
proposed subparts of part 142 that were applicable to air carriers also 
were not needed and should be withdrawn. Therefore subparts F, G, H, 
and I, of proposed part 142 also have been withdrawn.
    The FAA has determined, however, that a part 121 or part 135 
certificate holder, without obtaining a part 142 certificate, should 
not be allowed to provide training, testing, or checking to persons who 
are not aircrew employees of an air carrier certificated under the same 
part. Operations conducted by these individuals are not sufficiently 
similar to those of certificate holders to warrant such an exception.
    An air carrier interested in providing training, testing, or 
checking to such persons could modify its training program to suit the 
needs of those persons and meet the necessary requirements for a 
training program suitable for approval under part 142.
    Operating and training environments of other operators are 
different from those for air carriers. For example, air carrier 
training on dispatch (flight release and flight following) and CRM 
training that includes dispatch as a resource may not be appropriate 
for some operators. Therefore, for a part 142 program, a more extensive 
review of certain flight procedures is needed. Areas of training not 
common to all operators is further discussed in response to comments 
about Secs. 142.1 and 142.3.
    As discussed below, the following sections, Secs. 135.291, 135.321, 
and 135.324, are retained for this final rule.

Subpart G--Crewmember Testing Requirements

    Sec. 135.291  Applicability. There were no comments about the 
proposed amendments to this section. However, the FAA decided to revise 
the section editorially slightly to more closely parallel Sec. 121.431, 
which concerns the same subject. This section is adopted as revised.

Subpart H--Training

    Sec. 135.321  Applicability and terms used. The FAA proposed to 
amend this section to make the requirements of subpart H of part 135 
applicable to a training center if the training center provides 
training, testing, or checking by contract or other arrangement for a 
certificate holder subject to the requirements of part 135.
    Several commenters remarked that this section should be left as 
currently worded.
    The FAA has determined that certain terms should be added to better 
describe the training, testing, and checking required under this 
section.
    AMR agreed with the section as proposed and suggested that it be 
expanded to include a definition of requalification training, which is 
already in common usage and which is defined, along with the terms 
defined in this section, in FAA Order 8400.10, ``The Air Transportation 
Operations Inspector's Handbook.''
    Because requalification training is and will be accomplished in 
whole or in part by simulation, the FAA agrees that it should be 
addressed in this section. Accordingly, a definition of requalification 
training is added to paragraph (b) of this section, and the terms have 
been rearranged to accommodate this definition in its logical order. It 
should also be noted that the definition of ``training center'' used in 
this section is modified in the final as set forth in Sec. 142.3 as 
adopted.
    The FAA determined that it would be preferable to place the 
definitions of ``facility'' and ``courseware'' in part 142.

[[Page 34532]]

Therefore, these definitions are deleted from this section.
    With the revisions discussed above, the section is adopted.
    Sec. 135.324  Training program: Special rules. The FAA proposed 
this new section to permit a part 135 certificate holder to contract 
with a training center certificated under part 142 to satisfy the 
training program requirements of part 135.
    The FAA also proposed in this section to permit a part 135 
certificate holder to provide training, testing, and checking to others 
by contract. Under the proposal, to provide training, testing, and 
checking for another part 135 certificate holder, the certificate 
holder would have been required to hold a part 142 certificate and 
appropriate training specifications issued under part 142.
    Under this final rule, a part 135 certificate holder may continue 
to provide training, testing, and checking to another part 135 
certificate holder. A part 142 certificate will not be needed. The 
proposed section was revised further to indicate that the only entity 
other than another part 135 certificate holder that may provide 
training, testing, and checking to a part 135 certificate holder is a 
training center certificated under part 142.
    The rationale for these changes may be found by reference to the 
general discussion of this part and Sec. 121.402.
    Several commenters said that the section is entirely a description 
of functions under part 142 and that it duplicates language in part 
142.
    The FAA agrees with the commenters that this subject is covered in 
part 142. However, the FAA considers it necessary to include provisions 
in this section expressly allowing a part 135 certificate holder to 
contract with a part 142 training center, if the part 135 certificate 
holder desires to use a part 142 training center for all or part of its 
training. This training meets the requirements of part 135 and the POI 
approves that training.
    This section is adopted with the changes discussed.

Part 141

    Sec. 141.26 Training Agreements.
    No comments were received concerning this section, and it is 
adopted as proposed.
    Broward Community College, Northwest Accelerated Ground School, and 
an individual made general comments that pilot schools will be placed 
at a disadvantage, apparently from not being able to take advantage of 
the capabilities of flight simulators.
    The FAA's response to these comments may be found by reference to 
the discussion under Secs. 61.65 and 61.109.

Part 142

    As discussed above under parts 121 and 135, the FAA received 
numerous comments that a part 142 certificate should not be required 
for a part 121 or part 135 certificate holder to continue to provide 
training to other than its own employees.
    After a review of comments received, the FAA has determined that 
part 121 and part 135 are adequate for air carrier training programs 
and the qualification and training of persons who present those 
training programs. For this reason, proposed subparts F, G, H, and I of 
part 142 that govern air carrier training, testing, or checking have 
been withdrawn.
    As explained in the discussion of parts 121 and 135 above, however, 
the FAA has determined that a part 121 or part 135 certificate holder, 
without obtaining a part 142 certificate, should not be allowed to 
provide training, testing, or checking to persons who are not aircrew 
employees of an air carrier certificated under the same part.
    A number of commenters also noted that the provisions regarding 
drug testing appear to be duplicative of requirements adopted since the 
publication of the NPRM, primarily in FAA's anti-drug rule, part 121, 
appendix I. The FAA concurs with these commenters.
    Under part 121, appendix I, individuals who provide flight 
instruction, including simulator training, either directly or by 
contract for specified aviation employers, must be subject to an FAA-
approved anti-drug program that includes all elements of proposed 
Secs. 142. 21, 142.23, and 142.25. Similarly, these individuals must be 
subject to an alcohol misuse prevention program, including alcohol 
testing, under regulations published in 1994, found primarily at part 
121, appendix J. The FAA has determined that these regulations 
adequately cover those individuals performing safety-sensitive 
functions. Therefore, proposed Secs. 142.21, 142.23, and 142.25, and as 
discussed above part 121, appendix I, have not been adopted.
    The FAA proposed Sec. 142.11 entitled ``Training center ratings.'' 
This proposed section would have required that, in addition to a 
training center certificate, a training center certificate holder would 
have had to obtain a rating to conduct each curriculum. The FAA has 
determined that ratings will not be necessary, since the subject matter 
that would have been addressed by ratings will be covered by training 
specifications. Accordingly, this proposed section has not been adopted 
as ``Training center ratings.'' It has been adopted as ``Application 
for issuance or amendment.''
    The FAA also proposed Sec. 142.51, entitled ``Qualifications to 
instruct in a flight simulator or a flight training device.'' Because 
the FAA simplified and consolidated instructor eligibility requirements 
into Sec. 142.47 as adopted, Sec. 142.51 is no longer needed and has 
not been adopted.
    Lastly, in this final rule, all references to ``training center 
certificate holder'' have been replaced with ``certificate holder'' 
because the meaning is clear within the context of part 142.

Subpart A--General

    This general subpart, subpart A, contains the requirements 
necessary to obtain and maintain certification as a part 142 training 
center.
    Sec. 142.1  Applicability. This section, as proposed, specified the 
entities that would have to be certificated under part 142 to provide 
training, testing, and checking of flight crewmembers.
    Boeing commented that the FAA should permit training centers 
operating under exemption and other means to be granted a 
``grandfather'' certificate immediately. Other commenters were of the 
same opinion.
    The FAA has allowed a 2-year period in order to accommodate 
applications for certification. Different training entities in 
operation now are structured to meet different regulatory standards. 
The time allowed for certification will permit current training 
entities to design training programs to meet part 142 standards. The 
FAA has determined that existing training programs approved for air 
carrier certificate holders and exemption holders should require only 
minor amendments to receive approval under part 142.
    Accordingly, this proposed section has been revised by adding 
paragraphs (b)(4) and (5) to indicate that part 121 certificate holders 
may continue to train the flight crews of other part 121 certificate 
holders and that part 135 certificate holders may continue to train the 
flight crews of other part 135 certificate holders without obtaining a 
part 142 certificate.
    A new paragraph (c) has been added to make it clear that training, 
testing, and checking in flight simulators or advanced flight training 
devices may only be conducted in accordance with part 142 certificate 
and training specifications. Exceptions are listed in paragraph (b).
    This section is adopted with the changes discussed above.

[[Page 34533]]

    Sec. 142.3  Definitions. This section proposed terms applicable to 
part 142.
    AIA commented that this section would not allow airplane 
manufacturers the flexibility they enjoy today to revise training 
programs to accommodate customer-unique training needs.
    The FAA believes that the definition of ``specialty training'' can 
accommodate any customer need, and was designed specifically to allow 
for subjects that are not generic.
    ATA and several part 121 certificate holders commented that the 
definition of ``core curriculum'' is ambiguous and at odds with an air 
carrier POI's authority for approval of all components of an air 
carrier training program.
    In this final rule, the FAA has more clearly and completely defined 
``core curriculum.'' The NPRM incorrectly referred to a ``core training 
program.'' The definitions contained in this final rule now make a 
clear distinction between ``training program'' and ``core curriculum.'' 
The FAA reiterates in this final rule that the POI is responsible for 
approving all training for the air carrier to which the POI is 
assigned.
    ATA and others suggested that the term ``Line Oriented Flight 
Training'' (LOFT) be changed to ``Line Operational Simulation'' (LOS) 
to better accommodate special operational training.
    The FAA agrees. The term ``LOFT'' has been retitled as LOS, which 
is defined in Sec. 142.3. LOFT was consistent with the term in appendix 
H of part 121, but LOS and the new terms included in its definition are 
more descriptive and comprehensive, and they appear in certain AC's, 
particularly AC 120-35, ``Line Operational Simulations; Line Oriented 
Flight Training, Special Purpose Orientation Training, Line Operational 
Evaluation,'' as amended.
    Boeing and AIA commented that an evaluator need not be a pilot to 
certify certain training, such as ground training.
    The FAA agrees with Boeing and AIA; however, such a restriction was 
not proposed. Under proposed Sec. 142.55, a training center would have 
the flexibility to use someone without an airman's certificate to be an 
evaluator.
    Airbus commented that the definition of ``evaluator'' is ``too 
restrictive, narrow in scope, and inconsistent with the definition of 
evaluator contained in SFAR 58.''
    The FAA believes that the definition of ``evaluator'' now in this 
section is sufficiently broad to provide training centers with maximum 
flexibility for scheduling and personnel assignments. However, the 
proposed definition of ``evaluator'' has been reworded to make it clear 
that an evaluator may perform tests for authorizations and proficiency 
checks, when the evaluator is qualified under the applicable 
operational part, as well as for the test for certification and added 
ratings. While the definition of ``evaluator'' under part 142 is 
somewhat different than the definition of that term under SFAR 58, the 
FAA did not attempt to reconcile the definition with SFAR 58. Although 
different, the definition for ``evaluator'' contained in each of these 
parts adequately addresses the functions performed in these parts.
    Boeing also commented that the proposed definition of ``specialty 
training'' could imply that FAA approval is required for training that 
is not required by any part of 14 CFR. Several other persons made 
similar comments in reference to other sections.
    The FAA agrees with the commenters. The definition of ``specialty 
training'' has been reworded to exclude training not designed to 
satisfy the requirements for any FAA certificate, rating, 
authorization, test, review, check, or qualification.
    Boeing and AIA also requested that the term ``instructor'' be 
defined throughout proposed part 142. They stated that airplane 
manufacturers and other training organizations use instructors for 
airplane, full-flight simulator, fixed-base simulator, and airplane 
systems training. They believe that it would be unreasonable and 
unnecessary to require a certificate to perform instructor duties other 
than for airplane and full-flight simulator flight instruction.
    The FAA did not propose to require an instructor certificate for 
persons who would be employed by training centers to instruct in flight 
simulators or flight training devices. Further, since the publication 
of the NPRM, and in response to a petition from the public to amend 
existing exemptions, the FAA has allowed persons to qualify as 
simulator-only instructors without holding an instructor certificate, 
if those persons meet certain alternative qualifications. The FAA has 
determined that it is appropriate to include those alternative 
qualifications in this final rule. (See also the discussion below under 
Sec. 142.47.)
    With the changes discussed, this section is adopted as proposed.
    Sec. 142.5  Certificate and training specifications required. This 
section proposed that no person may operate a training center without a 
training center certificate and training specifications, as described 
in part 142. Paragraph (b) further proposed that a training center 
certificate applicant would be issued a training center certificate and 
training specifications if the applicant complied with the applicable 
sections of part 142.
    In the only comment received, AIA commented that a training center 
certificate should be optional if a training center is now operating 
under existing rules.
    Prior to this amendment, there have been no training centers 
defined and regulated by 14 CFR. Training under previous rules is 
addressed in the initial discussion of part 142 above.
    For the reasons discussed in the previous section, this section is 
adopted as proposed except for deleting a reference to Sec. 142.77.
    Sec. 142.7  Duration of a certificate. This section, as proposed, 
provided that a training center certificate would have no expiration 
date, but that it could be suspended, revoked, or otherwise terminated 
by the Administrator. Further, under paragraph (b) of this section, a 
certificate holder would have to return its certificate to the 
Administrator if that certificate is suspended, revoked, or terminated.
    Jeppesen-Sanderson commented that the provision of no expiration 
date for a part 142 certificate should be extended to part 141 
certificates as well.
    The FAA believes that questions about the administration of part 
141 that are not directly connected to training by simulation are best 
left to the review of that part. That review is discussed in the 
section entitled ``Related Activity.'' Therefore, no changes are made 
to this section in response to the comment.
    Comments made about proposed Secs. 61.2 (adopted as Sec. 61.3) and 
142.20, which concern training centers located outside the United 
States, and other initiatives of the FAA, caused the FAA to change this 
section as it applies to training centers located outside the United 
States. Under this final rule, training centers located outside the 
United States will be issued a certificate which will expire annually. 
This revision is more thoroughly discussed under proposed Sec. 142.20 
(adopted as Sec. 142.19).
    This proposed section is adopted with the changes discussed.
    Sec. 142.9  Deviations or waivers. This section proposed deviation 
and waiver procedures for a training center certificate holder or an 
applicant for a training center certificate.
    Only one comment was received concerning this section. Professional 
Instrument Courses, Inc., stated that it does all its training by 
traveling to different airports around the country and that it uses an 
``apparent'' flight training device instead of a flight simulator. It 
asked if the intent of the section entitled ``Deviations and

[[Page 34534]]

waivers,'' is to allow affected companies to operate without facilities 
and without at least one flight simulator.
    It was not the intent of this section to allow operation without 
facilities and at least one flight simulator or advanced flight 
training device. It was the intent to allow for unforeseen 
circumstances that may arise that may warrant a deviation or a waiver, 
as they have in the past with other rules. The scenario described by 
the commenter was not unforeseen and is specifically addressed by 
Secs. 142.17 and 142.20 (adopted as Sec. 142.19).
    Accordingly, the section is adopted as proposed.
    Sec. 142.11 (withdrawn)  Training center ratings.
    Sec. 142.13 (adopted as Sec. 142.11)   Application for issuance or 
amendment. Paragraph (a) of this section proposed that an application 
for a training center certificate be made on a form and in a manner 
prescribed by the Administrator. Proposed paragraph (a)(3) provides 
timeframes for processing applications.
    In response to the requirement to submit an application to the FSDO 
with jurisdiction over the area in which the applicant's business 
office is located, Boeing asked if it would no longer be acceptable for 
it to file an application with the FAA Aircraft Evaluation Group (AEG) 
for part 121 training.
    The FAA has determined that review and preliminary approval of 
certificate applications and training programs is more within the 
charter of FSDO's than AEG's. Accordingly, under this final rule, an 
application for certification under part 142 must be filed with the 
FSDO having jurisdiction over the area in which the applicant's 
training center is located.
    Paragraph (b), as proposed, would require that each certificate 
application provide information about, but not limited to, each 
management position, facility, record, and curriculum of the training 
center. Paragraph (b)(1) proposed:

    (b) Each application for a training center certificate and 
training specification shall provide--
    (1) A statement showing that the minimum qualification 
requirements for each management position are met or exceeded.

    Several commenters stated that proposed paragraph (b)(1) is 
redundant with proposed Sec. 142.15.
    The proposals were different in that proposed paragraph (b)(1) 
would require a statement that would have to accompany a certificate 
application, while proposed Sec. 142.15 would require qualification of 
management personnel and a statement about adequate numbers of those 
persons.
    In the final rule, however, paragraph (b)(1) has been reworded 
slightly in the interest of brevity and clarity.
    Paragraph (b)(6) proposed:

    (b) Each application for a training center certificate and 
training specification shall provide--
* * * * *
    (6) A description of the applicant's training facilities, 
equipment, qualifications of personnel to be used, and proposed 
evaluation plans;

    While no comments were received concerning evaluation plans, the 
FAA has decided to remove the reference to ``evaluation plans'' in 
order to simplify the application process and the quality control 
procedures to be used by the certificate holder. Separate evaluation 
plans would be largely redundant with features of a quality control 
system.
    Paragraph (b)(7) proposed the following:

    (b) Each application for a training center certificate and 
training specification shall provide--
* * * * *
    (7) A training program, including curriculum, syllabi, outlines, 
courseware, procedures, and documentation to support the items 
required in subpart B or subpart F of this part, upon request by the 
Administrator.

    FSI commented that paragraph (b)(7) should be reworded to prevent 
the FAA from being inundated by materials accompanying an application 
for certificate. Boeing and Airbus made similar comments.
    As suggested by commenters, the FAA has reworded paragraph (b)(7) 
to require submission of specified material only upon request of the 
Administrator.
    Airbus commented that the text of Sec. 142.13(b)(7) should be 
changed to improve clarity and to be consistent with FAA Order 8400.10, 
VOL 3, Ch 2, Sec 1. It states that the words ``syllabus'' and 
``syllabi'' have unclear definitions in the context of crewmember 
training programs and were, for that reason, not used in the 8400.10 
definitions.
    To promote clarity, the FAA has revised several terms pertaining to 
training programs. The revised terms are, to the extent possible, 
consistent with the definitions contained in the order that the 
commenter cites. The term syllabus, however, is retained. The FAA 
believes that the generic definition of that word adds clarity to the 
training program requirements.
    Paragraph (b)(10) proposed the following:

    (b) Each application for a training center certificate and 
training specification shall provide--
* * * * *
    (10) A method of demonstrating the applicant's qualification and 
ability to provide training for a certificate or rating in fewer 
than the minimum hours prescribed in part 61 of this chapter if the 
applicant proposes to do so.

    Boeing and AIA commented that paragraph (b)(10) should be made 
consistent with SFAR 58.
    The FAA believes that this paragraph is consistent with SFAR 58. 
This paragraph refers to Sec. 61.109 and other sections of part 61 that 
specify minimum hours of aeronautical experience that a part 142 
certificate holder may wish to reduce further in non-traditional 
courses other than AQP.
    United commented that ``to require United, or any other (part) 121 
certificate holder similarly situated, to duplicate all of its 
facilities, equipment, courseware and personnel in order to continue 
training by contract or other arrangement and then have the FAA inspect 
and approve the requirements...'' is not conserving resources.
    The FAA did not intend to require duplication of facilities and 
equipment. The buildings, classrooms, flight training equipment, and 
instructors may be the same that are used in pursuit of normal business 
in accordance with a part 121 or part 135 certificate. Some training 
programs offered to persons other than aircrew employees of another air 
carrier may be essentially the same as programs now in use. With minor 
modification, training programs can be presented under a part 142 
certificate to persons other than air carrier certificate holder 
employees. ATA and several part 121 certificate holders had concerns 
similar to United in their comments to proposed Sec. 142.17. The FAA 
addresses their comments in the discussion below under proposed 
Sec. 142.17.
    Paragraph (c) proposed that facilities actually be in place at the 
time of application, and not simply planned or expected.
    Several commenters stated that this would be an unduly burdensome 
expenditure for equipment too far in advance of its use, especially for 
new entrants into the training industry.
    The FAA agrees that facilities need not already be in place at the 
time of application. This paragraph has been reworded to require that 
facilities and equipment be available for inspection and evaluation 
prior to approval. This will preclude expenditure of FAA resources on 
frivolous or tentative plans that may never come to fruition due to

[[Page 34535]]

changed business plans. It will permit the FAA to evaluate actual 
facilities rather than those that are merely planned and subject to 
later change. The FAA believes that such measures are necessary in 
order to conserve public resources and in order to maintain the highest 
standard of facilities in training centers. Paragraph (d)(2) proposed:

    (d) An applicant who meets the requirements of this part and is 
approved by the Administrator is entitled to--
* * * * *
    (2) Training specifications, issued by the Administrator to the 
training center certificate holder, containing--
    (i) The type of training authorized, including--
    (A) Training center ratings; and
    (B) Approved courses;
    (ii) The category and class of aircraft that may be used for 
training;
    (iii) Registration numbers and types of aircraft that are--
    (A) Subject to an airworthiness maintenance program required by 
parts 91, 121, 125, 135, or any other parts of this chapter; and
    (B) Suitable for the type of training, testing, or checking 
being conducted;
    (iv) For each flight simulator or flight training device, the 
make, model, and series of airplane or the set of airplanes being 
simulated and the qualification level assigned, or the make, model, 
and series of rotorcraft, or set of rotorcraft being simulated and 
the qualification level assigned;
    (v) For each flight simulator and flight training device subject 
to qualification evaluation by the National Simulator Program 
Manager, the serial number assigned by the manufacturer;
    (vi) The name and address of all satellite training centers, and 
the approved courses offered at each satellite training center;
    (vii) Authorized deviations or waivers from this part; and
    (viii) Any other items the Administrator may require or allow.

    Several air carrier operators, commenting on proposed paragraph 
(d)(2), stated that training specifications would not be convenient, 
and that courses approved under parts 121, 135, or 142 would provide 
all the course specification that is required.
    Based on prior experience, the FAA believes that many 
administrative matters not concerning course specification have been 
accommodated very well by the use of operations specifications for air 
carrier operators. This is a new concept for training entities, but 
experience with similar operating specifications issued to air carrier 
certificate holders has shown that the procedure will allow maximum 
administrative convenience. Especially in light of the removal of the 
proposed requirement for ratings for training centers, the FAA 
concludes that providing for training specifications is 
administratively wise. As stated previously in this preamble, a part 
142 certificate (and attendant training specifications) will not be 
required for part 121 certificate holders to train other part 121 
certificate holders or for part 135 certificate holders to train other 
part 135 certificate holders. Therefore, training specifications will 
be applicable to air carrier certificate holders only if those 
certificate holders choose to apply for a part 142 certificate.
    For the reasons stated, Sec. 142.13(d)(2) is adopted as proposed 
and renumbered as Sec. 142.11(d)(2).
    FSI commented that proposed paragraph (d)(2)(iii) would preclude 
short-notice change of aircraft and the use of customer-owned aircraft 
unless there is a 1-day change notification procedure. Airbus made 
similar comments about aircraft to be used by aircraft manufacturer 
training centers.
    The FAA agrees that the proposal may be too restrictive on certain 
potential training centers, including aircraft manufacturer training 
centers, which might offer training in aircraft rather than in a flight 
simulator or flight training device. Therefore, proposed paragraph 
(d)(2)(iii) has been deleted. Proposed paragraphs (d)(2)(iv) through 
(d)(2)(viii) have been redesignated as (d)(2)(iii) through (d)(2)(vii).
    Regarding proposed paragraph (d)(2)(vi), Boeing commented that the 
proposed requirement to list the name, address, and courses approved 
for each satellite training center would preclude ``offload training.''
    The FAA does not agree that these proposed requirements would 
preclude the training to which Boeing referred. The proposal does not 
prevent training at sites other than the training center location or 
satellite training center location, as long as a training center or 
satellite training center of the certificate holder complies with the 
certification requirements of part 142. Therefore paragraph (d)(2)(vi) 
is adopted as proposed; however, since proposed paragraph (d)(2)(iii) 
has been deleted, proposed paragraph (d)(2)(vi) is adopted as paragraph 
(d)(2)(v).
    The FAA has decided that effective reference to and tracking of 
simulation equipment requires the use of FAA-assigned identification 
numbers for that equipment instead of serial numbers assigned by the 
manufacturer of such equipment. Accordingly, proposed paragraph 
(d)(2)(v) has been reworded to reflect this requirement and is adopted 
as paragraph (d)(2)(iv).
    Paragraph (e) proposed the following:

    (e) The Administrator may deny, suspend, revoke, or terminate a 
certificate under this part if the Administrator finds that--
    (1) Any certificate the Administrator previously issued to the 
applicant for, or holder of, a training center certificate, was 
revoked, suspended, or terminated within the previous 5 years;
    (2) An applicant for, or holder of, a training center 
certificate employs or proposes to employ a person who--
    (i) Was previously employed in a management or supervisory 
position;
    (ii) Exercised control over any certificate holder whose 
certificate has been revoked, suspended, or terminated within the 
last 5 years; and
    (iii) Contributed materially to the revocation, suspension, or 
termination of that certificate and who will be employed in a 
management or supervisory position, or who will be in control of or 
have a substantial ownership interest in the training center.

    STI commented that proposed paragraph (e)(2)(i) should be modified 
to specifically state that the management or supervisory person 
formerly worked in a management or supervisory position for a 
certificate holder whose certificate had been revoked, suspended, or 
terminated within the previous 5 years. FSI also suggested that 
proposed (e)(2)(i) be linked with subparagraph (e)(2)(ii) with an 
``and'' at the end of (e)(2)(i).
    The construction of proposed paragraph (e) means that the 
conditions of (e)(2)(i), (e)(2)(ii), and (e)(2)(iii) all apply to 
persons that a training center employs or proposes to employ. These 
three paragraphs are linked together by the semicolons and the ``and'' 
following (e)(2)(ii). It is not necessary to repeat the ``and'' after 
(e)(2)(i). To correct an editorial error in the proposal, the FAA has 
inserted the word ``or'' to appropriately separate paragraphs (e)(1) 
and (e)(2).
    This section is renumbered as Sec. 142.11 and adopted with the 
several changes discussed.
    Sec. 142.15 (adopted as Sec. 142.13) Management and personnel 
requirements. The FAA proposed in this section that a training center 
must show that it has and maintains a sufficient number of qualified 
instructors, evaluators, and management personnel competent to perform 
required duties.
    Only one comment was received concerning this section. That comment 
stated that this section was unnecessary and should be deleted.
    The FAA has determined that the proposal referred to above is 
necessary to ensure that a training center can operate in compliance 
with the certification provisions contained in proposed part 142. The 
FAA needs this information, along with the other information required 
by this part, to

[[Page 34536]]

approve applications for certification under part 142. Therefore, this 
section is renumbered as Sec. 142.13 and adopted as proposed.
    Sec. 142.17 (adopted as Sec. 142.15) Facilities. In this section, 
the FAA proposed the following in paragraph (b):

    (b) An applicant for, or holder of, a training center 
certificate shall establish and maintain a principal business office 
that--
    (1) Has a mailing address in the name shown on its training 
center certificate application, or training center certificate, 
after it is issued; and
    (2) Has facilities adequate to maintain the records required by 
this part.
    (3) Is not shared with another certificate holder; however, 
automated recordkeeping systems approved by the Administrator may be 
shared by more than one training center or certificate holder.

    This paragraph would require a training center to establish and 
maintain a principal business office that could not be shared with a 
part 121, 135, 141, or 142 certificate holder. The intent of this 
paragraph was to ensure that the principal business office of a 
training center is located at a permanent physical location with the 
characteristics of an ordinary business office. It was intended to 
preclude the use of transient locations with inadequate facilities for 
properly maintaining records.
    The FAA proposed this paragraph to preclude certain difficulties 
with commingled records or with changing standards for some students of 
training entities offering training under more than one part of 14 CFR. 
Commingling is considered undesirable because different standards apply 
to entities certificated under the several 14 CFR parts. However, upon 
reconsideration, the FAA does not believe that proposed paragraph 
(b)(3) is necessary because the FAA can prevent the commingling of 
records by better guidance on recordkeeping requirements and special 
emphasis on surveillance and inspection of that recordkeeping. 
Therefore, the proposed restriction has been deleted.
    Paragraph (b)(2) of Sec. 142.17 proposed that records required by 
part 142 must be kept at a principal business office. This proposed 
requirement was to permit the FAA to locate and periodically review 
records in order to determine compliance with part 142 standards.
    AMR commented that the recordkeeping location requirement in 
proposed paragraph (b)(2) would work only where the principal business 
office and the training facility are co-located, and in no case would 
it be workable for a satellite training center.
    The FAA has considered AMR's comment and has revised proposed 
paragraph (b) accordingly to provide that records may be kept where 
training or testing takes place.
    Under the NPRM, training centers certificated under part 142 would 
be permitted to provide ground instruction as well as training in 
flight simulators, flight training devices, and aircraft; however, in 
order to be certificated under part 142 paragraph (d) proposed that a 
training center applicant, in effect, would be required to ``have 
exclusive use of'' at least one FAA-approved flight simulator.
    Several comments had to do with sharing of training facilities or 
flight simulators by several arrangements between the sharing parties.
    FSI, several part 121 certificate holders, and the Regional Airline 
Association (RAA), commenting on proposed paragraph (d) stated, that 
the proposed requirement to have ``exclusive use of'' at least one 
flight simulator would preclude ``dry leasing'' of flight simulator 
time.
    For the purposes of this section, the FAA intended that the term 
``exclusive use'' include ``dry leasing.'' The FAA recognizes that 
``dry leasing'' is a normal practice in the industry, and that its 
continuation is essential to the industry for at least the foreseeable 
future. However, for clarity, the wording of this provision has been 
revised to require that the training center have the flight training 
equipment ``available exclusively'' for adequate periods of time. This 
is to distinguish the requirements of this section from other 
``exclusive use'' requirements of other regulations, which may not 
include ``dry leasing.'' It should be noted that the FAA did not 
propose to prohibit sharing of flight training equipment. In fact, the 
FAA anticipated that such sharing would be likely. Therefore, the FAA 
has revised proposed paragraph (d) by adding the words ``available 
exclusively for adequate periods of time.''
    A few commenters, also commenting on proposed paragraph (d), 
recommended that the proposal to have readily available at least one 
flight simulator as a prerequisite to apply for a part 142 certificate 
be clarified in the rule language. Gateway Technical College commented 
that institutions such as theirs are unable to afford to own or lease a 
flight simulator, but that they are able to provide a needed service by 
use of flight training devices only. Gateway and Broward Community 
College suggest that the FAA allow a ``low-end part 142 school'' or a 
limited part 142 certificate.
    The FAA believes that flight training in aircraft and in flight 
training devices is adequately covered by part 141 pilot schools and 
that the primary emphasis of part 142 training centers will be training 
with flight simulators. However, the FAA believes that essentially 
equivalent training can be accomplished by use of advanced flight 
training devices that represent a specific aircraft in cockpit 
configuration, function, and flight handling characteristics when those 
flight training devices are supplemented with training in the same type 
aircraft. Advanced flight training devices with those characteristics 
are currently qualified by the FAA as Level 6 and Level 7 flight 
training devices. Therefore, proposed paragraph (d) has been reworded 
to permit an applicant to obtain a part 142 certificate if it has an 
advanced flight training device.
    In an apparent comment to proposed Sec. 142.17 (d), ATA and several 
part 121 certificate holders commented that this section would 
``require a part 121 certificate holder...to purchase duplicate 
simulators, CBT stations, training aids, and other training devices for 
use in the part 142 school even if its part 121 devices are not 100% 
utilized and (are) available for contract training.''
    As also discussed above under proposed Sec. 142.13 in response to a 
comment from United, the FAA did not intend to require duplication of 
flight training equipment. The commenters may have interpreted proposed 
paragraph (d) to mean that the exclusive use provision of proposed 
Sec. 142.17 (d) could require some duplication. The FAA did not intend 
for air carriers to needlessly duplicate existing equipment. It only 
intended that the training center have exclusive use of the equipment 
for the period of time that is needed. As stated above, the FAA has 
revised proposed paragraph (d) to state that the facilities must be 
available exclusively for adequate periods of time to complete the 
required training, testing, or checking. Therefore, the duplication 
described by the commenters is not required.
    TWA commented that the proposals in this section implied two 
different standards for aircraft type ratings - one for part 142 
training centers and one for part 121, 135, and 141 certificate 
holders.
    TWA, and other commenters, also raised this issue in comments to 
Sec. 61.63. The FAA disposed of comments on added type ratings in the 
section-by-section analysis of Sec. 61.63. In this discussion, the FAA 
explains that there are not two different standards for

[[Page 34537]]

airman performance for an added type rating.
    This proposed section has been changed as indicated above, has been 
renumbered as Sec. 142.15, and is adopted with the changes discussed.
    Sec. 142.19 (adopted as Sec. 142.17) Satellite training centers. 
This section proposed that training centers would be permitted to 
establish satellite training centers.
    Boeing and AIA commented that some provision should be made for 
training in remote areas.
    Although part 142 provides for training centers and satellite 
training centers, the FAA does not intend to prevent training at sites 
other than the training center location or satellite training center 
location. Such training is permissible if the training center or 
satellite training center of the certificate holder complies with the 
requirements of part 142 relating to that remote training. The FAA will 
provide for training at remote sites through the training 
specifications.
    AMR asked if a satellite training center also would have to have a 
flight simulator, its own principal business office, and if the parent 
training center's instructors could instruct at both a training center 
and at a satellite training center. It stated that there is an 
inference that a satellite training center would have to apply for a 
certificate, but that proposed Sec. 142.19 would not require a 
certificate for a training center. It suggested that only the main 
training center hold a certificate.
    The FAA agrees. The FAA proposed that only the principal training 
center must hold a training center certificate and this proposal has 
not been changed in the final rule.
    The discussion of this section in the NPRM indicated that a 
satellite training center would have to have at least one simulator and 
the other facilities required by this part. However, it should be noted 
that proposed Sec. 142.17 has been revised in response to comments to 
allow a person with an advanced flight training device (i.e., a Level 6 
or Level 7 flight training device) to apply for a training center 
certificate. Thus, a satellite training center would be permitted to 
operate with such a device in lieu of a flight simulator.
    A satellite training center need not have separate management 
personnel. It does not have to have a separate principal business 
office. Instructors and evaluators may work at more than one training 
center or satellite training center, provided those persons meet the 
requirements of part 142, as required by proposed Sec. 142.19 (a)(2), 
which is adopted as Sec. 142.17 (a)(2) in the final rule.
    See the discussion of the following section for restrictions on 
satellite training centers located outside the United States.
    This section is renumbered as Sec. 142.17 and adopted by revising 
proposed paragraph (a)(2) to better clarify the location of the 
supervisors.
    Sec. 142.20 (adopted as Sec. 142.19) Foreign training centers: 
Special rules. The FAA proposed, under Sec. 142.20, that a training 
center or satellite training center may be located outside the United 
States only if it is in a location approved by the Administrator. This 
section further proposed that a training center or satellite training 
center located outside the United States may issue U.S. pilot 
certificates to U.S. citizens only but may add ratings, authorizations, 
and endorsements to all pilot certificates issued by the FAA.
    Three comments were received concerning this proposed section.
    FSI asked what authority the FAA has to approve or deny locations 
of training centers outside the United States, since the Departments of 
Commerce, Defense, and State have jurisdiction over this matter.
    The FAA is withdrawing its proposal to approve the location of 
training centers outside the United States. It is sufficient to set the 
standards for certification of training centers located inside and 
outside of the United States. Therefore, proposed paragraph (a) has 
been amended to remove references that the Administrator must approve 
the location of training centers outside the United States. Further, 
paragraph (a), as adopted, specifically states that certificates for 
training centers outside the United States are issued at the discretion 
of the Administrator.
    AMR commented that this section seems to ignore the possibility of 
part 121 and part 135 initial and recurrent checks being conducted at a 
foreign training center.
    The FAA agrees that those areas need to be specifically addressed. 
(See also the Sec. 61.2 (adopted as Sec. 61.3) discussion related to 
this matter.) A new paragraph (c) has been added to this section to 
make explicit the authority of foreign training centers to conduct 
proficiency checks, pilot reviews, recency of experience requirements, 
SIC qualifications, and other training subject to approval of the 
Administrator.
    AIA commented that this section seems to imply that all foreign 
training centers must be approved by the FAA.
    As indicated above in response to FSI's comment regarding approval 
of the location of training centers, the FAA has amended proposed 
paragraph (a).
    In paragraph (b), the FAA proposed that a training center or 
satellite training center located outside the United States may issue 
U.S. pilot certificates to U.S. citizens only but may add ratings, 
authorizations, and endorsements to all pilot certificates issued by 
the FAA when approved to do so.
    Proposed paragraph (b) is revised in this final rule to remove the 
reference to satellite training centers located outside the United 
States.
    The FAA has made editorial changes to this section to make it clear 
that a training center may prepare and recommend applicants for 
certificates and ratings, but may not actually issue a certificate or 
rating without authorization to issue a specific kind of certificate or 
rating.
    Also, the FAA proposed, in Sec. 142.7, a permanent certificate. The 
certificate could have been suspended or terminated, but would not 
require renewal. The objective of this proposal was to simplify 
paperwork and reduce the workload for the FAA and applicants. However, 
the FAA has determined that there is a need to provide for periodic 
renewal of a certificate for those training centers outside the United 
States in order to ensure adequate safety oversight. Other air agencies 
outside the United States, such as repair stations certificated under 
part 145, have annual renewal requirements.
    This section is renumbered as Sec. 142.19 and adopted with the 
changes discussed.
    Sec. 142.21  Prohibited drugs. Reserved. See the discussion above 
entitled ``Part 142.''
    Sec. 142.23  Testing for prohibited drugs. Reserved. See the 
discussion above entitled ``Part 142.''
    Sec. 142.25  Refusal to submit to a drug test. Reserved. See the 
discussion above entitled ``Part 142.''
    Sec. 142.27  Display of certificate. No comments were received 
concerning this proposed section. Therefore, it is adopted as proposed.
    Sec. 142.29  Inspections. This proposed section would require 
training centers to permit inspections by the FAA at reasonable times 
and places.
    AMR made some suggestions for essentially editorial changes.
    This section was adopted as proposed, with the small editorial 
changes suggested by the commenter.
    Sec. 142.31  Advertising limitations. This section proposed to 
restrict training center advertising to that training that has been 
approved by the Administrator.

[[Page 34538]]

    Boeing and AIA commented that the proposal would restrict it from 
offering non-FAA approved training to non-U.S. customers. Several air 
carrier certificate holders commented that the proposal would preclude 
the conduct of training not under the jurisdiction of the 
Administrator, such as training for foreign corporations that would 
meet the requirements of that foreign country. Others commented that 
some training centers might want to offer training in ancillary 
subjects that are not required by any part of 14 CFR. Commenters 
offered first aid, maintenance technician procedures, and meteorology 
as examples.
    The FAA agrees that the proposed advertising limitations should be 
reworded to provide for circumstances such as those described by the 
commenters. Therefore proposed paragraph (a) has been revised to 
indicate that this section applies to training that is designed to 
satisfy any requirement of 14 CFR. Any training offered by a training 
center that goes in whole or in part to satisfying a requirement of 14 
CFR must be approved. Training for other purposes need not be approved. 
Training that is not specifically approved by the FAA may not be 
advertised as FAA approved.
    Andrews University asked whether this section would preclude a part 
142 training center from operating under part 61. It suggested that 
training centers should be allowed to operate under part 61.
    Part 61 is not considered an ``operating'' part of 14 CFR. Training 
centers certificated under part 142 will train to meet the requirements 
of part 61, among other parts. A training program or curriculum 
approved for presentation under part 142 may not be presented to meet 
the requirements of part 61 without a part 142 training center 
certificate.
    This section is adopted as revised.
    Sec. 142.33  Training agreements. No comments were received 
concerning this proposed section. Therefore, it is adopted as proposed.

Subpart B--Aircrew Curriculum and Syllabus Requirements

    Sec. 142.35  Applicability. This section specifies that the 
training programs described by this subpart apply to that segment of 
aviation frequently called ``general aviation'' that operates under 
part 91, and that is not required by regulation to have a training 
program.
    Airbus commented that this subpart is not applicable to training 
provided ``by part 25 aircraft manufacturer's training centers to its 
employees, U.S. certificated employees of the aircraft manufacturer, 
and FAA air carrier inspectors.''
    This subpart applies to all training center activity except that 
provided by a part 121 certificate holder to another part 121 
certificate holder or by a part 135 certificate holder to another part 
135 certificate holder, unless the certificate holder providing such 
training chooses to become a part 142 certificate holder.
    This section is adopted as proposed.
    Sec. 142.37  Approval of flight aircrew training program.
    The FAA proposed, in proposed paragraph (c)(1), that training 
programs submitted for approval specify which courses are part of a 
specialty training curriculum. Core curricula and specialty curricula 
are defined in Sec. 142.3.
    Proposed paragraphs (c)(2) and (3) require applicants, when filing 
an application for training program approval, to indicate which 
requirements the training program curriculum will satisfy and which 
requirements the training program curriculum will not satisfy.
    AMR commented that the proposed provision of Sec. 142.37 (c)(1) 
needs clarification. In simplest terms, it states, not every course 
must be designed to accomplish all the learning objectives required for 
every practical test.
    ATA and several part 121 certificate holders commented that 
proposed paragraph (c)(1) does not make clear what constitutes an 
approved training program. They cite the detail of Sec. 121.424 and 
appendix H of part 121 as examples of training program detail for the 
ATP certificate and airplane type rating. They state that it appears 
that an approved training program for a particular certificate or 
rating would consist of the maneuvers, procedures, and exercises 
required for the certification practical test.
    The FAA agrees with the commenters about training to meet the 
requirements of the PTS. The areas of aeronautical knowledge for each 
certificate and rating are listed in the applicable section of part 61. 
The PTS lists the tasks, conditions, and standards of performance for 
all certificates and ratings. Currently, the PTS, inspector's 
handbooks, appendix A of part 61, and appendices E, F, and G of part 
121 list maneuvers and procedures for a curriculum for only the ATP 
certificate and airplane type rating. Guidance on the content, style, 
and length of all written tests is in other documents. Other 
considerations to include in a training program are listed in 
handbooks, advisory circulars, and in other FAA publications. Section 
142.37(d) outlines the general requirements for a training program. It 
is not necessary and not practical to put all details in 14 CFR.
    FSI commented that, since paragraph (c)(2) requires an applicant 
for each curriculum approval to indicate which requirements of part 61 
would be satisfied, the requirement in paragraph (c)(3) is redundant.
    The FAA believes that both paragraphs are needed to help ensure 
that no requirement goes unaddressed by oversight or by assuming that 
the requirement will be met in some other way.
    In a general comment to this section, ATA and other commenters 
stated that they ``would strongly object to any attempt by the FAA to 
impose additional requirements or restrictions not related to training 
as a condition of (approval of a training program).'' They state that 
they would object on the grounds that the public was not given an 
opportunity to comment on requirements imposed administratively.
    The commenters did not provide information on their specific 
concerns; however, the FAA agrees in general that additional 
requirements unrelated to training should not be imposed without 
opportunity for public comment.
    This section was amended by making minor editorial changes and by 
adding a new paragraph (b) and rearranging other proposed paragraphs. 
The FAA determined that a new paragraph (b) is needed to make clear 
that curricula approved under SFAR 58 are approved without modification 
for use in this part.
    The section is adopted as revised.
    Sec. 142.39  Training program curriculum requirements. This section 
proposed that each training program curriculum submitted for approval 
would have to contain a syllabus, minimum flight training equipment 
requirements, and minimum instructor and evaluator qualifications for 
each proposed curriculum. However, for AQP, the FAA proposed that 
approval of a curriculum under SFAR 58 would, for an applicant, 
constitute complete approval of that curriculum for use by a training 
center certificated under part 142, since the AQP application contains 
curriculum criteria at least as detailed as the part 142 curriculum 
requirements set forth in Sec. 142.39.
    Airbus commented that the section should be restructured to provide 
for initial and final approval of training program curricula.
    Different stages of initial and final approval are specifically not 
a feature of part 142. After determining that a proposed training 
program meets all applicable requirements, the

[[Page 34539]]

Administrator will approve the training program. If approval of a 
training program curriculum proves to have been inappropriate, the 
Administrator may use the authority of Secs. 142.7 or 142.13(e) to 
suspend or revoke a certificate. The intention is to simplify the 
application and approval process. For the reason stated, this section 
is not revised to include a provision for initial and final approval 
stages.
    Paragraphs (c) and (d) of this section proposed that each 
curriculum submitted for approval must include:
    (c) Minimum instructor and evaluator qualifications for each 
proposed curriculum;
    (d) A curriculum for initial training and continuing training of 
each instructor or evaluator employed to instruct in a proposed 
curriculum.
    United commented that paragraphs (c) and (d) are not required and 
are overly burdensome for part 121 certificate holders.
    The FAA believes that these paragraphs are necessary controls, and 
that presenting the instructor and evaluator qualifications to the FAA 
at the time of application for a part 142 certificate and changes to 
its curriculums would cause almost no additional burden to a part 121 
certificate holder. It is even likely that existing documentation for 
these positions could be used in its existing format. The FAA has 
determined that these paragraphs should be adopted to ensure that 
instructors meet, and maintain, the skills considered essential for 
properly instructing their students.
    Paragraph (e) proposed:

    (e) For each training program that provides for the issuance of 
a certificate or rating in fewer than the minimum hours prescribed 
by part 61 of this chapter for training, testing, and checking 
conducted under part 142 of this chapter--
    (1) A means of demonstrating the ability to reduce the minimum 
hours prescribed in part 61 of this chapter for training, testing, 
and checking conducted under part 142 of this chapter; and
    (2) A means of tracking student performance.

    Boeing and AIA commented that proposed paragraphs (e)(1) and (2) do 
not allow credit for previous experience in similar aircraft ``per AC 
120-53.''
    Paragraph (e) is directed to those hours which are specified in 
part 61, as stated, and has no impact on AC 120-53.
    ATA and several part 121 certificate holders commented that the 
tracking required in proposed paragraph (e)(2) would be a costly and 
near-impossible task, that data would be sparse, and would not 
necessarily validate success or failure of the attempted program.
    As discussed also in Sec. 61.109, the intention of allowing a 
further reduction in the minimum hours of aeronautical experience is to 
allow maximum flexibility to a training center to develop, at some 
future date, innovative curriculums that might adequately train for a 
specific certificate or rating in fewer than the current minimum number 
of hours. In order to gain the privilege of further reducing minimum 
training hours, a training center will be required to demonstrate that 
it can provide proper training in fewer hours. To accomplish this, it 
would have to propose a method of tracking graduates and collecting 
data to validate training program effectiveness. Data to be tracked to 
point to program effectiveness might include incidents, accidents, 
hours flown, and type of flying. A training center would have to 
present historical data covering at least 1 year (or other period of 
time approved by the Administrator) before it could be granted a 
reduction in the minimum hours prescribed in this section. Data 
covering performance over this period of time is considered necessary 
to properly evaluate student performance. Data covering a shorter term 
would not be sufficient to allow the FAA to evaluate performance during 
varying seasonal conditions.
    In a general comment to this section, TWA pointed out that the 
requirement for a letter of authorization did not appear in the 
proposed rule text.
    The FAA did not intend to propose such a requirement. The NPRM 
preamble mistakenly stated that proposed paragraph (a)(4) would require 
a training center to issue annually a letter of authorization to each 
instructor for each course that instructor may teach. The final rule 
does not adopt such a requirement.
    The FAA has reworded the reference to a curriculum, which appeared 
in this proposed section to instead reference a curriculum containing a 
syllabus to indicate that a curriculum is implemented by a syllabus. 
This editorial change is to maximize standardization with training 
program terms already in use and widely accepted.
    This section is adopted with the changes discussed.

Subpart C--Personnel and Flight Training Equipment Requirements

    This subpart contains instructor and evaluator eligibility 
requirements, addresses instructor and evaluator privileges and 
limitations, and addresses instructor and evaluator training, testing, 
and qualification for training programs approved under subpart B. This 
subpart also contains rules governing flight training equipment 
requirements.
    Sec. 142.45  Applicability. This proposed section sets forth the 
personnel and equipment required for training that is to meet the 
requirements of part 61.
    Airbus commented that this section should be restructured to exempt 
employees of the training center, U.S. certificated employees of the 
aircraft manufacturer, and FAA inspectors.
    The FAA does not agree. The persons cited by the commenter are 
required to meet the training and certification requirements of part 
61.
    AMR commented that the proposal does not make clear whether an 
instructor or evaluator would be subject to the proposed requirements 
contained in both subpart C and subpart G of this part. It states that 
current training center practice is to use instructors to teach pilots 
who operate under various parts of 14 CFR.
    Because the FAA has decided to delete proposed subpart G, the 
commenter's question is academic in this instance. However, an 
instructor or evaluator may instruct non-air-carrier customers and air 
carrier customers if the instructor or evaluator is otherwise qualified 
and designated by the training center to perform both functions.
    With editorial changes for clarity and brevity, this section is 
adopted as proposed.
    Sec. 142.47  Training center instructor eligibility requirements.
    To make as many qualified instructors as possible eligible, the FAA 
proposed in paragraph (a) of this section that training center 
instructors meet only one of the following standards: Hold at least a 
commercial pilot certificate with an instrument rating; at the time of 
accepting employment, be currently qualified to instruct under part 121 
or part 135; or hold a ground instructor certificate with instrument 
rating and meet at least the commercial pilot aeronautical experience 
requirements.
    ATA and several other part 121 certificate holders commented that 
the words ``at the time of accepting employment'' in proposed paragraph 
(a)(3)(ii) was too restrictive and might preclude the hiring of some 
otherwise well-qualified potential instructors.
    The FAA agrees with the commenters. Accordingly, this paragraph has 
been revised to provide that instructors may qualify for designation by 
training centers within 2 years of having been qualified and current to 
instruct for a part 121 or part 135 certificate holder in the type 
airplane in which the instructor

[[Page 34540]]

is to be designated by the training center.
    ATA and others also commented that ATP certificate holders should 
be able to instruct others without holding any other certificate.
    The FAA does not believe that the holder of an ATP certificate 
should be permitted to instruct persons by virtue of holding the ATP 
certificate, except in air transportation service as authorized by 
Sec. 61.169 of this chapter. The authority of Sec. 61.169 does not 
extend to instructing other airmen to qualify for the ATP certificate 
or instructing other holders of an ATP certificate for added ratings, 
except within the narrow and specific instance of instructing in air 
transportation service.
    Moreover, in response to these commenters, the FAA has determined 
that instructor qualification requirements of part 142 are at least 
equivalent to the knowledge and skill requirements for a ground 
instructor certificate regardless of whether the instructor holds an 
ATP certificate. Accordingly, the FAA has deleted paragraph (a)(3). 
Other provisions of proposed paragraph (a)(3) have been moved to other 
paragraphs.
    AMR commented that training centers should be permitted to employ 
persons who are not pilots to be instructors, such as maintenance 
instructors, and that the rule language should address that 
possibility.
    The FAA agrees and paragraph (a) has been reworded to make it clear 
that the requirements of the section, and the subpart, apply only to 
persons who are employed as instructors in a flight training course 
that is subject to approval of the Administrator, as discussed under 
Sec. 142.31. The FAA stated in the discussion of that section that any 
training offered by a training center that goes in whole or in part to 
satisfying a requirement of 14 CFR must be approved; however, training 
for other purposes need not be approved.
    Paragraph (b) proposed the following:

    (b) A training facility operating under an exemption to part 61 
prior to August 1, 1996 may allow a person who has been employed as 
a simulator instructor for that training facility to continue to 
instruct provided the training facility--
* * * * *
    (ii) Instructs only in qualified and approved flight simulators 
in which that person has been authorized by the Administrator to 
instruct within the 12 months immediately preceding certification of 
the employing training center.

    AIA commented that paragraph (b)(2)(ii) does not allow existing 
instructors to transition to new equipment without complying with the 
new part 142 instructor qualification provisions. It states that the 
proposal is too restrictive and recommends that it be deleted.
    AIA is correct in its interpretation that instructors transitioning 
to new equipment must comply with part 142 instructor qualification 
provisions. As an exception, proposed paragraph (b)(2)(ii) (revised and 
adopted as paragraph (a)(6)(iii)) is a ``grandfather'' provision only 
for persons who are employed as simulation instructors on the effective 
date of this final rule and who instruct only on the same equipment. 
Those persons who do not meet the instructor qualifications of part 142 
will not be allowed expanded instructor privileges unless the 
instructor applicant meets the standards prescribed by part 142.
    FSI commented that proposed paragraph (b)(2)(ii) (revised and 
adopted as (a)(6)(iii) ) should be reworded to grandfather privileges 
of instructors in approved flight training devices as well as 
privileges in flight simulators.
    The FAA agrees with this recommended change because instructors 
will be using simulation media, not just flight simulators. Proposed 
paragraph (b)(2)(ii) has been reworded accordingly and, as indicated 
above, is adopted as new paragraph (a)(6)(iii).
    AMR commented that this section indirectly requires a training 
center instructor to hold at least a second class medical certificate.
    This is not a correct interpretation of the proposal. The 
alternative requirements for instructors that are outlined in preceding 
paragraphs provide for a training center to employ instructors in 
simulation only who do not hold an airman medical certificate.
    Since the publication of the NPRM, and in response to a petition 
from the public to amend existing exemptions, the FAA has allowed 
persons to qualify as simulator-only instructors without holding an 
instructor certificate, if those persons meet certain alternative 
qualifications. The FAA has determined that it is appropriate to 
include those alternative qualifications in this final rule; therefore, 
this section has been restructured accordingly. The alternative 
qualifications will allow training centers to employ as instructors 
persons who are former military pilots, former or current airline 
pilots, and other persons who may not hold an instructor certificate. 
Instructors who instruct in a required crewmember seat in flight must 
hold a flight instructor certificate with appropriate ratings and an 
airman medical certificate. The alternative qualification requires a 
training center to train a potential instructor in specified subjects, 
and to administer a written test following the instruction. The written 
test must be approved as a part of the training program. The test must 
be of similar complexity, difficulty, and scope as the written test for 
flight instructor airplane and instrument flight instructor. Training 
center certificate applicants and training centers may consult 
publication FAA-T-8081-18, Flight and Ground Instructor Written Test 
Book for guidance in developing the written test. The FAA does not 
intend that the test include questions about flight maneuvers such as 
turns about a point, chandelles, and spins.
    This section is adopted with the changes discussed.
    Sec. 142.49  Training center instructor privileges and limitations. 
This section proposed that, to instruct in an aircraft, a training 
center instructor must hold a current flight instructor certificate 
with certificates and ratings applicable to the aircraft used for 
instruction, hold at least a valid second class medical certificate, 
and meet the recency of experience requirements of part 61. These 
proposed requirements for aircraft flight instructors are the same as 
those currently required by part 61.
    AMR commented that, by using the words ``training, testing, and 
checking'' in proposed paragraph (b), the FAA would impose these 
requirements on evaluators as well as instructors, and noted that there 
are no proposed sections dealing with evaluator privileges and 
limitations. AMR suggested changing the title of this section to 
include evaluators.
    The FAA agrees that the title should be changed as recommended and 
has reworded the title accordingly and has added evaluation to this 
paragraph.
    Proposed paragraph (c) included the following:

    (c) A training center may not allow an instructor to--
    (1) Excluding briefings and debriefings, conduct more than 8 
hours of instruction in any 24-consecutive-hour period.

    FSI, ATA, and several air carrier certificate holders commented 
that the duty times proposed in this paragraph are too restrictive.
    Flight instructor duty time was discussed under Sec. 61.169. As 
discussed in that section, the FAA is convinced that it is in the 
interest of safety to assure that instructors are not unduly fatigued 
when instructing pilots. The proposed duty-time limitations are 
considered necessary to ensure that instructors are sufficiently alert 
when giving required instruction.

[[Page 34541]]

    The FAA has, however, amended this and Sec. 61.169 to exclude 
briefings and debriefings in response to the concerns of these 
commenters.
    FSI commented that the words ``* * * any 24-consecutive-hour 
period'' in proposed paragraph (c)(1) be changed to ``* * * a day.''
    The FAA disagrees with the commenter's suggested wording, for such 
wording would allow an instructor to conduct 16 consecutive hours of 
instruction, excluding briefings and debriefings. This practice is 
considered unacceptable for the reasons stated above.
    Proposed paragraph (c)(3)(iv) states that a training center may not 
allow an instructor to provide flight instruction in an aircraft unless 
that instructor holds at least a valid second class medical 
certificate.
    ATA and several part 121 certificate holders commented that this 
paragraph should specify that an instructor who instructs only in 
simulation need not hold a medical certificate.
    AIA commented that there was no need to require a medical 
certificate for flight instructors, since it was not required before.
    The FAA agrees with both commenters. Paragraph (c)(3)(iv) has been 
amended to specify that a medical certificate is required only when 
instructing from a required crewmember seat in an aircraft in flight. 
This change simply reiterates part 61 requirements for an instructor to 
have a medical certificate when acting as required flight crewmember.
    This section is adopted with the changes discussed.
    Sec. 142.51  Qualifications to instruct in a flight simulator or a 
flight training device. Reserved. See the discussion above entitled 
``Part 142.''
    Sec. 142.53  Training center instructor training and testing 
requirements. Section 142.53 proposed initial and annual recurrent 
training that would be required of all training center instructors.
    Paragraph (a) proposed:

    (a) Prior to authorization to instruct a course of training, 
testing, and checking, and except as provided in paragraph (c) of 
this section, every 12 calendar months beginning the first day of 
the month following an instructor's initial authorization, a 
training center certificate holder must ensure that each of its 
instructors meet the following requirements:
    (1) Each instructor must satisfactorily demonstrate to an 
authorized evaluator knowledge of, and proficiency in, instructing 
each course of training for which that instructor is authorized to 
instruct under this part.

    FSI commented that the proposal in paragraph (a)(1) should provide 
that an instructor's demonstration would be made ``* * * in a 
representative segment of a course.'' According to FSI, this change 
would provide a more suitable way to determine an instructor's 
knowledge and proficiency in multiple subjects in different courses for 
various aircraft types.
    Paragraph (a) has been reworded. Changing the wording to 
``instructing in a representative segment of each curriculum,'' allows 
evaluation of instructors in a broad sampling of all subjects. However, 
the FAA has specified that the evaluation must include a representative 
segment from each curriculum.
    Paragraph (b)(2), as originally proposed, provided that ``An 
instructor who is unable to hold a medical certificate may not 
instruct. * * *'' In the SNPRM referred to earlier, the FAA proposed a 
change to paragraph (b)(2) to eliminate the words ``who is unable to 
hold a medical certificate,'' because that restriction was believed to 
be unnecessary.
    For clarification, the FAA has further revised paragraph (b)(2) of 
the final rule to specifically permit an instructor to provide 
instruction even if he or she does not hold an airman medical 
certificate, provided that the instructor is otherwise qualified. It is 
also revised by removing an obsolete reference ``advanced simulation 
plan.''
    Proposed paragraph (b)(2)(ii)(B) requires instructors to 
participate in an in-flight observation training course, that includes 
three takeoffs and three landings, and that includes performing at 
least 1 hour of LOFT as the sole manipulator of the controls. The 1 
hour of LOFT must be performed in a flight simulator that replicates an 
aircraft of the same class and, if a type rating is required, of the 
same type as the aircraft represented by the qualified and approved 
flight simulator in which that instructor is designated to instruct.
    Several commenters stated that paragraph (b)(2)(ii)(B) refers to 
Level C or Level D flight simulators, and suggested that appendix H of 
part 121 be changed by this rulemaking to indicate levels instead of 
phases.
    The proposed requirement contained in this paragraph can be 
accomplished only in Level C or Level D flight simulators, as the 
Administrator currently qualifies flight simulators. As discussed above 
in the section of this document entitled ``Related Activity,'' the FAA 
has issued an NPRM entitled ``Part 121; Appendix H, Advanced Simulation 
Plan Revisions'' [60 FR 8490; February 14, 1995] to update and revise 
appendix H of part 121. In that NPRM, the FAA proposes to change all 
references from ``phases'' to ``levels'' in part 121, appendix H.
    ATA and several other commenters stated that paragraph (c) of this 
section establishes a base-month concept for instructor recurrent 
qualifications, and suggested instead an annual requirement only, 
similar to the requirement appropriate to part 121 certificate holders.
    The FAA does not agree. The commenter's suggestion apparently would 
allow training centers to provide recurrent training to instructors as 
infrequently as every 24 months. The FAA believes that 12 months is the 
maximum period that should be allowed between recurrent qualifications. 
Therefore, the FAA has adopted the recurrent training requirement once 
each 12-month period, as proposed.

General Comments to Sec. 142.53 as Proposed

    ATA commented that, in many cases, part 121 instructor training is 
more comprehensive than the training that would be required under this 
section and under Sec. 142.55. It recommended that wording be 
incorporated to credit an instructor with equivalent training that he 
or she may have completed in a part 121 instructor training course.
    The FAA agrees. Accordingly, a new paragraph (d) has been added to 
permit an instructor to receive credit for equivalent instructor 
training courses taken under part 121 or other courses the 
Administrator finds equivalent.
    AMR commented that this section and title should be amended to 
specify that instructors who teach in courses not leading to pilot 
certification under part 61 are not subject to the provisions of this 
section.
    The proposed requirements contained in this section apply to 
instruction designed to satisfy only various requirements of 14 CFR. 
They address, among other things, courses for review, proficiency, 
added ratings, and authorizations in addition to certification. As 
discussed in the section-by-section discussion of Sec. 142.31, the 
instructor qualification requirements of part 142 do not apply to 
courses that are not designed to satisfy any part of 14 CFR and that 
are not subject to approval of the Administrator.
    One commenter asked why simulation-only instructors are not 
required to complete initial or recurrent training in aircraft, the 
same as instructors who instruct in flight.

[[Page 34542]]

    The FAA has used past experience and recommendations from a joint 
industry-FAA working group to form alternatives to in-flight training, 
testing, and checking that ensure an equivalent level of safety, since 
simulation-only instructors will not be instructing in aircraft.
    ATA and several part 121 certificate holders commented that 
proposed Sec. 142.91 in subpart G, which paralleled this section and 
has been withdrawn, should have a paragraph added to require an annual 
written test and an annual proficiency check in each flight simulator, 
flight training device, and/or aircraft in which the instructor will be 
instructing. According to these commenters, the test and check should 
cover the maneuvers that the instructors will be instructing in.
    The FAA agrees and has revised this proposed parallel section 
accordingly.
    AMR asked if an instructor could instruct under subpart C and 
subpart G at the same time. It recommended that this should be 
permitted.
    Although subpart G has been withdrawn, instructors will be 
permitted to provide instruction to air carrier clients and non-air-
carrier clients if otherwise qualified.
    AIA commented: ``This (sic) is more restrictive than existing check 
pilot requirements. Why?''
    The commenter apparently is referring to this entire section as 
being restrictive. The FAA would not describe this as more, or less, 
restrictive than existing check pilot requirements. Check pilots are 
employed in parts 121 and 135. They provide checks pursuant to the 
comprehensive training programs required by those parts. A check pilot 
has functions and responsibilities different from those of a part 142 
training center instructor. Thus, the training and checking provisions 
proposed for part 142 instructors have been tailored to meet part 142 
requirements. They necessarily are different than the training and 
testing requirements applicable to check pilots performing checks under 
part 121 and part 135.
    This section is adopted with the several changes discussed.
    Sec. 142.55  Training center evaluator requirements. Paragraph (a) 
of this section proposed the requirements for an evaluator, as follows:

    (a) In order to authorize a person as evaluator, a training 
center must ensure that the person--
    (1) Is approved by the Administrator;
    (2) Is in compliance with Secs. 142.47, 142.49, and 142.53 of 
this part; and
    (3) Prior to authorization, and except as provided in paragraph 
(b) of this section, every 12-calendar-month period following 
initial designation satisfactorily completes a course of training 
provided by the training center that includes the following:
    (i) Pilot evaluator duties, functions, and responsibilities;
    (ii) Methods, procedures, and techniques for conducting required 
checks;
    (iii) Evaluation of pilot performance; and
    (iv) Management of unsatisfactory checks and subsequent 
corrective action.

    AMR, commenting on proposed paragraph (a), stated that it was not 
clear if training center evaluators will have authority equivalent to 
designated examiners or pilot proficiency examiners, and asked for 
clarification.
    Under part 142 an ``evaluator'' is a person who determines 
competence of persons applying for a number of different certificates 
and ratings subject to 14 CFR on behalf of the Administrator. By 
contrast, designated examiners and pilot proficiency examiners have 
more limited authority.
    ATA and several part 121 certificate holders commented that 
proposed Sec. 142.93 in subpart G, which paralleled this section and 
has been withdrawn, should have a paragraph added to require an annual 
written test and an annual proficiency check in each flight simulator, 
flight training device, and/or aircraft in which the instructor will be 
instructing. According to these commenters, the test and check should 
cover the maneuvers that the instructors will be instructing in.
    The FAA agrees and has added a new paragraph (a)(4) to clarify the 
request of the commenters.
    As discussed above, under Sec. 142.53, pursuant to an ATA comment, 
the FAA has determined that it is appropriate to give credit to 
potential evaluators who have completed a part 121 evaluator training 
course.
    Accordingly, a new paragraph (c) has been added to permit an 
evaluator to receive credit for equivalent evaluator training courses 
taken under part 121 or part 135 that the Administrator finds 
equivalent.
    In response to several comments on proposed Sec. 142.93 (withdrawn) 
the FAA has added a new paragraph (d) to this parallel section to 
except evaluators, qualified in accordance with SFAR 58, from the 
evaluator requirements of this section.
    In addition to the above-referenced revisions, several editorial 
changes have been made. In proposed paragraph (b) the term 
``instructor'' is replaced with ``evaluator.'' The term ``curriculum'' 
has been substituted for the term ``training course'' and the term 
``tests'' has been substituted for the term ``checks.'' The editorial 
changes have been made to bring the terms into conformity with the 
commonly accepted definitions as used in numerous other parts of 14 CFR 
and numerous FAA publications.
    With the changes discussed, this section is adopted as proposed.
    Sec. 142.57  Aircraft requirements. Paragraph (a)(1) and (a)(2) of 
this section proposed that training center aircraft used for 
instruction be civil aircraft of U.S. registry if used in the United 
States, and that training centers located outside the country could use 
aircraft registered in the host country.
    Several commenters, including in effect Airbus, discussed the need 
to train in customer-owned aircraft which might be registered in 
another country, be operated by the aircraft manufacturer during pre-
certification, or be operated under an export certificate of 
airworthiness.
    The FAA agrees and has determined that it is unnecessary to 
specifically provide for the registration of the aircraft being used. 
It is sufficient that the training center will have to comply with the 
registration requirements of the country of operation. Accordingly, 
proposed paragraphs (a)(1) and (2) have not been adopted. This change 
should relieve the commenter's concern. These changes will allow 
training centers more flexibility to train customers in customer-owned 
aircraft.
    With minor editorial changes and restructuring to proposed 
paragraph (b), this section is adopted as amended.
    Sec. 142.59  Flight simulators and flight training devices. Section 
142.59(a) proposed that flight simulators and flight training devices 
used in an approved training program must be qualified by the 
Administrator. Paragraph (a) of this section also proposed that a 
flight simulator or flight training device be approved for use in a 
training center training program curriculum. The preamble to paragraph 
(a) contained the statements ``Simulation has benefit only if behaviors 
learned can be transferred to the aircraft. No effective transfer of 
learning has been demonstrated except from flight simulators and flight 
training devices that accurately replicate the performance of an 
aircraft.''
    ATA and several part 121 air carriers commented that the statement 
about effective transfer of learning is untrue.
    Based on its experience with flight simulation and on study 
evidence available to its National Simulator Program Manager (NSPM), 
the FAA has concluded that the statements are true. While some learning 
may transfer from devices that do not accurately replicate aircraft, 
the experience gained is not

[[Page 34543]]

adequate to justify their use as a sole means of training, testing, and 
checking.
    A few air carriers commented that they were not sure what was meant 
by the words ``make, model, and series'' used in an example that was 
provided in the NPRM preamble to proposed paragraph (a)(1), which 
stated, ``If part 61 * * * requires landing in a particular make, 
model, and series aircraft, then a flight simulator used to simulate 
that aircraft would have to be qualified and approved both for the 
visual landing and to simulate the make, model, and series of 
aircraft.'' They provide an example of an aircraft type and different 
models of that type.
    The commenters are correct. The FAA did not intend to distinguish 
between manufacturers' models of the same aircraft type. To make it 
clear that only the particular aircraft type need be simulated, as 
intended, the FAA has added the words ``or aircraft type'' to the text 
of paragraph (a)(1) in the final rule. Section 142.59(c)(1) proposed 
that flight simulators and flight training devices used by training 
centers be maintained to ensure the reliability of the performances, 
functions, and all other characteristics that were required for initial 
qualification of the equipment.
    One commenter pointed out an editorial omission of the word 
``qualification'' in the text of this paragraph. The commenter 
indicated that the last word of proposed paragraph (c)(1) should be 
``qualification'' and not ``approval.''
    The technical guidelines for flight simulators are listed in AC 
120-45, as amended. That AC defines qualification as distinct from, and 
preceding, approval of a flight simulator. The FAA has determined that 
it should continue the use of commonly accepted words to avoid possible 
confusion.
    Section 142.59(c)(3) proposed that flight simulators and flight 
training devices used under part 142 be given a functional check before 
being used. Further, this paragraph proposed that training center 
instructors must keep a discrepancy log, and enter all discrepancies in 
that log at the end of each training session or check.
    One commenter asked how often the preflight requirement must be met 
and also the purpose of the requirement.
    The preflight is required each day the flight simulator is used. 
The FAA added the words ``each day'' to proposed paragraph (c)(3) to 
make clear the requirement for frequency of preflight inspections. The 
purpose of preflight inspections is for the instructor to determine 
whether the applicable Simulator Component Inoperative Guide (SCIG), if 
any, has been met, or whether all simulator components needed for a 
specific training or testing period are present and operative. The FAA 
believes that, to ensure effective training, a flight simulator or 
flight training devices must accurately replicate the performance of an 
aircraft. The FAA can determine that flight simulation accurately 
replicates an aircraft only if all components of a flight simulator or 
flight training device are checked for proper operation before the 
device is used.
    Section 142.59(d) proposed that, unless otherwise authorized by the 
Administrator (in an SCIG), all components on a flight simulator or 
flight training device used by a training center must be operative to 
ensure faithful replication of aircraft capabilities.
    Several comments were received concerning this proposal. Generally, 
the comments addressed aircraft Minimum Equipment List (MEL), and the 
fact that the FAA has not developed a master MEL for flight simulators.
    The FAA is amending paragraph (d) this section to provide that no 
component of a simulator may be inoperative, missing, or malfunctioning 
if that component is required for or involved in the planned training, 
testing, or checking. A flight simulator or flight training device SCIG 
is a guide approved by the Administrator that indicates the specific 
training, testing, or testing tasks that are authorized. It also 
indicates the restrictions imposed, if a component is inoperative, 
malfunctioning, or missing. At this time, the FAA does not plan to 
issue an SCIG or master SCIG, but intends instead to allow any training 
center applicant or training center to develop its own for the various 
courses which it may teach and submit it to the FAA for approval. The 
FAA will review and approve an SCIG developed and submitted by a 
training center.
    Section 142.59(e) proposed to allow training centers to use flight 
simulators in approved courses without specific route or terminal aids 
and visual scenes.
    While the FAA did not receive comments on this proposed section, 
ATA and others commented in response to the proposed companion section, 
Sec. 142.97, (since withdrawn), that operator specific routes may be 
necessary. The commenters stated that the relaxed specific route 
requirements during LOFT would not meet the requirements of 
Sec. 121.409(b)(3).
    The FAA understands the commenter's concern. LOFT or other LOS may 
be used for purposes other than necessarily satisfying Sec. 121.409. If 
a particular air carrier wants a particular route or other detail 
represented, it may require that of the training center with which it 
contracts. It is inefficient for certification and type rating training 
and testing for all airmen to be subject to an absolute requirement for 
training along a particular route, which may be ``repositioned along'' 
anyway. The FAA believes it is appropriate to leave it to the 
discretion of a particular air carrier to determine if it wants a 
specific route simulation in its training program. Therefore, this 
section is adopted as proposed.
    Jet Exam, commented that the language of this section could be 
interpreted to mean that a training center applicant would have to 
obtain training program approval or a training course approval before 
it could request approval of a simulator, and that this would be an 
unnecessary burden on the applicant.
    The FAA agrees with the commenter's observation that obtaining 
approval of a training course before obtaining approval for a flight 
simulator could be an economic burden. However, the FAA did not propose 
that a certificate applicant would have to obtain training program 
approval or a training course approval before it could request approval 
of a simulator.
    A commenter suggested that the acronym ``NSPM'' should be changed 
to ``the Administrator.'' According to the commenter, this would allow 
for the possibility of renaming of that function or redelegation of its 
functions.
    The FAA notes that, while the acronym ``NSPM'' is used in the NPRM 
preamble to this section, it did not appear in the NPRM proposed rule 
text. However, the FAA did use the term ``Administrator'' in the rule 
text of the NPRM and final rule as the commenter has suggested.
    The FAA added a clause excepting AQP from the requirements of this 
section, to be consistent with the exception of AQP from the 
requirements of Sec. 142.39. With that addition, and the other changes 
discussed, this section is adopted as proposed.

Subpart D--Operating Rules

    This subpart sets forth proposed operating rules for training 
centers that provide training in accordance with subpart B of part 142.
    Sec. 142.61  Applicability. The FAA proposed in this section that 
the operating rules in this subpart would apply to training centers 
providing training to clients other than air carrier clients.
    Airbus commented that the applicability of subparts D and E should

[[Page 34544]]

be amended to permit aircraft manufacturer training centers who intend 
to train only part 121 aircrews, their own employees, U.S. certificated 
employees of the manufacturer, and FAA inspectors to conduct that 
training under subparts F, G, H, and I of part 121. The commenter 
states that part 121 requirements are the most appropriate criteria for 
these trainees since their duties are related to large aircraft that 
are operating in air carrier service. Airbus made the same comment 
about FAA inspectors in comments about several other sections. Other 
commenters made an essentially identical comment in reference to some 
applicability sections.
    The FAA does not agree that the groups of trainees identified by 
the commenter should be trained under any rules different from the 
rules governing certification and type rating requirements for airmen 
at large. The only exception (a waiver under the authority of appendix 
A of part 61) is for aircrew employees completing an air carrier 
training program and meeting other terms of the waiver provision of 
appendix A. The persons identified by the commenters specifically do 
not meet the waiver requirements. Large airplanes are operated by 
persons other than air carrier certificate holders. The FAA 
certificates airmen to operate aircraft of various sizes under the 
provisions of several parts of 14 CFR. The part of 14 CFR under which a 
pilot is operating, and not the size of the airplane flown by the 
pilot, determines the pilot's prerequisite qualification and 
certification requirements.
    Several of the comments made about this section are similar, or 
identical to, comments made about proposed Secs. 61.63, 61.64, 61.157, 
and 61.158. The comments generally addressed applicability of specific 
training programs to various groups of airmen and the perception of a 
dual standard for an ATP certificate.
    The FAA response to those similar or identical comments apply also 
to this section. Refer to those sections for discussion of related 
comments.
    For the reasons discussed, this section is adopted as proposed.
    Sec. 142.63  Privileges. Section 142.63 proposed to permit training 
center instructors and evaluators to meet recency of experience 
requirements in a flight simulator or flight training device, if the 
flight simulator or flight training device is used in a course approved 
in accordance with subpart B or subpart F, as applicable.
    This section was revised to delete a reference to subpart F, which 
has been withdrawn, and to recognize that AQP makes separate and valid 
provisions for recency of experience of simulation instructors. With 
the revisions mentioned, this section is adopted as proposed.
    Sec. 142.65  Limitations. Because the FAA intends that flight 
simulators used in testing, checking, or LOS provide the same time 
constraints and sequential, or overlapping, circumstances that occur in 
an actual aircraft, Sec. 142.65 (a) proposed to prohibit the use of 
flight simulator or flight training device repositioning, freeze, or 
slow motion features during testing, checking, and LOFT.
    ATA, several part 121 certificate holders, and an aircraft 
manufacturer commented that prohibiting the use of repositioning during 
LOFT might cause several hours of simulated cruise flight with very 
little value.
    The FAA agrees with the commenters, and has revised proposed 
paragraph (a) by adding paragraph (a)(2) to permit the use of 
reposition along a route of flight to a point where the descent and 
approach phase of the flight begins. Also, in paragraph (a)(1), any 
slow motion, hold, or reposition features may be used at any time 
during training and practice, to help stimulate the simulation industry 
by helping minimize nonproductive time spent in a flight simulator.
    Proposed Sec. 142.65(b)(1) would require a crewmember qualified in 
the aircraft category, class, and type, if a type rating is required, 
to occupy each crewmember position during testing, checking, or LOS. 
During Category II and Category III testing, the copilot position would 
have to be occupied by a pilot qualified to perform the duties of an 
SIC for Category II or Category III operations, as applicable.
    Airbus commented that this section would effectively prohibit the 
use of a medically disqualified (simulated) PIC during SIC training and 
testing unless the PIC had been fully qualified before serving in this 
capacity.
    The FAA believes that a PIC should be able to function as a 
required crewmember during simulation testing even though he or she 
does not hold a valid medical certificate, provided that he or she is 
otherwise qualified in the flight simulator or was qualified in the 
aircraft type before losing medical certification. The FAA has 
determined that there is no safety hazard created by persons operating 
flight simulators without a valid medical certificate. Accordingly, a 
new paragraph (b)(3) has been added to allow for use of a PIC meeting 
the circumstances just discussed, and the section is adopted as 
otherwise proposed.

Subpart E--Recordkeeping

    Sec. 142.71  Applicability. Proposed subpart E, ``Recordkeeping,'' 
prescribed the records that a training center certificate holder must 
maintain for students who are not aircrew employees of operators under 
parts 121, 125, or 135, and the records that would have to be 
maintained for instructors and evaluators authorized in accordance with 
subpart B of part 142.
    Airbus offered the only comment. It suggested that certain persons, 
including FAA inspectors, should be excluded from the applicability of 
training or testing under this subpart.
    The FAA does not agree with the suggestion. All of the persons 
identified by Airbus, including FAA inspectors, must complete the same 
certification requirements of 14 CFR that apply to other airmen.
    For the reason discussed, this section is adopted as proposed.
    Sec. 142.73  Recordkeeping requirements. Under this proposed 
section, the FAA specified that a training record would have to be 
maintained for each person who is enrolled in a course for which that 
person is to gain credit toward satisfying any requirement of 14 CFR. 
Paragraph (d) proposed:

    (d) The certificate holder must provide to the Administrator, 
upon request and at a reasonable time and in a reasonable place, the 
records required by paragraphs (a) and (b) of this section.

    Only one comment was received. The commenter suggested that the 
only practical place to keep the required records is at the training 
center where the activity requiring records takes place. It suggested 
that paragraph (d) be reworded accordingly.
    The FAA agrees and has reworded paragraph (d) to require that the 
records be kept at the training center or satellite training center 
where the training is conducted, or at another site approved by the 
Administrator.
    The FAA has revised paragraph (c) to provide that records of 
qualification to act as instructor or evaluator must be maintained for 
the period of time that the individual is employed.
    This section is adopted as otherwise proposed.

Subpart J--Other Approved Courses (adopted as Subpart F)

    Sec. 142.115 (adopted as Sec. 142.81) Conduct of other approved 
courses. The FAA proposed in this section (formerly numbered as 
Sec. 142.115 and now renumbered to Sec. 142.81) to provide that 
training centers or training center applicants may apply for approval 
to

[[Page 34545]]

conduct training for persons other than pilot crew members. Under the 
proposal, a course may be approved by the Administrator upon a finding 
that it provides a curriculum that will achieve a level of competency 
equal to, or greater than that required by the appropriate part of 14 
CFR.
    A few commenters stressed that many types of training do not 
require FAA approval and that subpart J should be deleted.
    While it is true that many courses of training do not require FAA 
approval, there are several that do, and others that may at some future 
date require such approval. This proposed subpart is intended to allow 
a training center or a training center applicant to apply for approval 
of curricula for persons other than air crews.
    TDM Group, Inc., described a flight attendant training program that 
it is undertaking with McDonnell Douglas and Continental Airlines. It 
remarked that it would like to begin such training under part 142, and 
encouraged the Administrator to keep and to expand this subpart.
    For the reasons discussed, this section is renumbered as 
Sec. 142.81 instead of Sec. 142.115 and is adopted as proposed. A minor 
editorial change has been made to proposed paragraph (c) to indicate 
that an applicant for course approval must comply with the applicable 
requirements of ``subpart A through subpart F of this part'' rather 
than ``subpart B or subpart F of this part'' as stated in the proposal.

Editorial Corrections

    In addition to the revisions discussed above, a number of editorial 
changes have been made to the text of the final rule including the 
renumbering of several paragraphs to conform to the current format and 
style of the regulations.

Harmonization With ICAO, JAA, and JAR

    The proposals adopted in this rulemaking have been compared to ICAO 
Annex I, ``Personnel Licensing,'' and the JAA/JAR. This rule is 
compatible with international agreements and parallel regulations, 
except for the differences which follow:
    1. Section 61.65, ``Instrument rating requirements,'' will allow 
credit for 35 hours of simulated or actual instrument time for those 
applicants who complete an entire approved instrument curriculum at a 
training center certificated under part 142. ICAO Annex I, Chapter 2, 
Sec. 2.6.1.2.2 allows only 30 hours of credit, and requires 10 hours of 
that experience to be in an actual aircraft.
    2. Section 61.113, ``Rotorcraft rating: Aeronautical experience,'' 
will allow an applicant to qualify for this rating with 35 hours of 
flight experience, any part of which may be simulated flight, if that 
applicant completes an entire approved helicopter rating curriculum at 
a training center certificated under part 142. ICAO Annex I, Chapter 7, 
Sec. 2.7.1.3.1 requires 40 hours of flight experience for this rating, 
of which only 5 hours can be simulated flight.
    3. Section 61.129, ``(Commercial) Airplane rating: Aeronautical 
experience,'' will allow up to 100 hours of flight time to be simulated 
flight if accomplished in an approved flight simulator or approved 
flight training device, and any part of the 190 hour total experience 
requirement to be simulated flight if the applicant completes an entire 
approved commercial airplane curriculum at a training center 
certificated under part 142. ICAO Annex I, Chapter 7, Sec. 2.4.1.3 
allows credit for only 10 hours of simulated flight experience. It 
should be noted that the superseded Sec. 61.129 allowed credit for 50 
hours of simulated flight time toward this rating, which was different 
from ICAO standards.
    The FAA will file a Statement of Differences with ICAO to notify 
that body of the listed differences.

Paperwork Reduction Act

    The reporting and recordkeeping requirements associated with this 
rule have been approved by the Office of Management and Budget and have 
been assigned number 2120-0570. Under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507 (d)), no persons are required to respond to a 
collection of information unless it displays a valid OMB control 
number.

Regulatory Evaluation Summary

    Changes to Federal regulations are required to undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. With respect 
to this final rule, the FAA has determined that it: (1) Will generate 
benefits that justify its costs and is a ``significant regulatory 
action'' as defined in the Executive Order; (2) is significant as 
defined in the Department of Transportation's Regulatory Policies and 
Procedures; (3) will not have a significant impact on a substantial 
number of small entities; and (4) will not constitute a barrier to 
international trade. Therefore, a full regulatory analysis, which 
includes the identification and evaluation of cost-reducing 
alternatives to this rule, has not been prepared. Instead, the agency 
has prepared a more concise analysis of this final rule in a regulatory 
evaluation, which is summarized in the following paragraphs.

Benefits

    This rule provides benefits by reducing the amount of training 
aircraft flight hours. The increased substitution of on-the-ground 
training in flight simulators and flight training devices for in-the-
air training in aircraft decreases the risk of fatal aviation accidents 
while training. The increased substitution also yields cost savings 
resulting from reduced fuel and oil consumption (energy conservation), 
as well as reduced required maintenance costs.
    Most of the cost savings come from lowered operations costs, 
resulting from using simulators and training devices instead of 
aircraft. The estimated savings from existing simulator training 
centers training pilots under parts 121, 135, and 91 will be $1.2 
billion ($808 million discounted) over the next 10 years. Furthermore, 
the final rule will generate additional savings from increased 
simulator training of general aviation pilots over the next decade that 
total $37 million ($23 million discounted). The total discounted 
savings attributed to reduced training aircraft flight hours equals 
$831 million over the next 10 years.
    The FAA also estimates the value of the safety benefit at $42 
million ($26 million discounted) over the same period. Thus, the total 
discounted value of part 142 benefits equals $857 million: $832 million 
resulting from greater energy conservation, and $26 million resulting 
from reduced training accidents.

Costs

    Two elements make up the additional administrative cost of part 
142: (1) The cost for organizations currently engaged in flight 
instruction to apply to qualify for a part 142 certificate; and (2) the 
cost for the government to process and to monitor those applications as 
well as to inspect and to train the inspectors of part 142 training 
centers. Over one-half of the estimated administrative costs to

[[Page 34546]]

implement the simulator rule will be incurred in the first 2 years.
    The total 10-year additional administrative cost to implement part 
142 is estimated to be about $1.6 million ($1.3 million discounted) of 
which over one-half or $881,000 ($797,000 discounted), is expected to 
be incurred in the first 2 years. Of this amount, $57,000 ($52,000 
discounted) are applicant costs, and $824,000 ($745,000 discounted) are 
FAA costs. The balance, $731,000 ($477,000 discounted) represents FAA 
monitoring costs over the remaining 8 years.
    The FAA expects that the costs of operating simulators for the 
newly certificated part 142 training centers will continue to be the 
same as those incurred in operating those same simulators under the 
rigid standards and requirements imposed by FAA exemptions. The costs 
of meeting these FAA standards and requirements are captured in this 
analysis as part of the operating costs of a simulator. This cost has 
been subtracted from the cost of in-flight training which it replaces, 
in computing the cost savings from simulator training.

Benefit-Cost Comparison

    The preceding sections show that this final rule will result in 
benefits ($858 million discounted) that far exceed the costs ($1.3 
million discounted) imposed by the rule. Therefore, the FAA has 
determined that the simulator final rule is cost beneficial.
    The NPRM established the benefit-to-cost ratio as 3:1; the final 
rule, using a more comprehensive definition of benefits, establishes 
the benefit-to-cost ratio as approximately 660:1. This is explained, in 
part, by a reduction in total costs from approximately Sec. 3.5 
million, discounted in the NPRM estimate to approximately Sec. 1.3 
million, discounted in the final rule estimate. This reduction results 
from the abandoning of the concept of an FAA national field office to 
manage certificated simulator training centers.
    Most of the increase in the benefit-cost ratio, however, is 
explained by the substantial increase in cost-savings benefits ($11 
million, discounted NPRM estimate relative to $858 million discounted 
final rule estimate) resulting from a more comprehensive definition of 
benefits. Both the NPRM and the final rule take into account cost-
saving benefits attributed to the substitution of simulator hours for 
training aircraft flight hours as well as to the averting of some 
aircraft training accidents. In the NPRM, however, the FAA only 
accounted for cost savings attributed to the incremental hours of 
simulator training substituted for general aviation pilot training. The 
final rule assigns cost savings to not only this subgroup, but to all 
parts 121, 135, and other 91 subgroups that currently provide training 
under exemption. Finally, the value of life used in the final rule to 
measure potential training accident fatalities averted was revised from 
$1.5 million to $2.7 million.

International Trade Impact Analysis

    The FAA has determined that this rule will not have a significant 
impact on international trade. The FAA believes that the final rule 
will not negatively effect operators in the training of foreign 
citizens who accomplish such pilot training in the United States. Nor 
will the final rule have a significant impact on international trade 
should the training occur outside the United States, so long as the use 
of simulators outside the United States is in compliance with FAA 
standards and requirements if the intent is for U.S. pilot 
certification.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires 
agencies to review rules which may have a ``significant economic impact 
on a substantial number of small entities.''
    The FAA has adopted criteria and guidelines for rulemaking 
officials to apply when determining whether a proposed or existing rule 
has any significant economic impact on a substantial number of small 
entities. Based on these criteria, a small air carrier is one that owns 
nine or fewer aircraft. A small simulator training school has 10 or 
fewer employees. A substantial number of small entities is not less 
than 11 or more than one-third of affected small entities.
    The FAA has determined that 37 pilot training schools and 10 
contract trainers now train under exemption from specific part 61 
requirements. These organizations will incur some costs in applying for 
part 142 certification. Most of these schools employ more than 10 
employees (the small entity threshold); however, the FAA does not 
expect that those that do not will experience any unnecessary and 
disproportionate burden by Federal regulations.
    With regard to seven part 121 and part 135 operators holding 
exemptions to train using simulators, each has more than nine aircraft. 
Hence, no part 121 or 135 air carriers affected by this rule are small 
entities.
    The FAA, therefore, has determined that this rule will not have a 
substantial impact on a significant number of small entities.

Federalism Implications

    The regulations announced herein would not have substantial direct 
effects on the states, on the relationship between the National 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
would not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
regulation is not major under Executive Order 12286 and that this rule 
would 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 considered significant under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979). An initial regulatory evaluation of the rule, including a 
Regulatory Flexibility Determination and Trade Impact Analysis, has 
been placed in the regulatory docket.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 61

    Aircraft, Airmen.

14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Safety, Transportation.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

14 CFR Part 141

    Airmen, Educational facilities, Schools.

[[Page 34547]]

14 CFR Part 142

    Administrative practice and procedure, Aircraft, Airmen, Drug 
testing, Educational facilities, Reporting and recordkeeping 
requirements.

The Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR chapter I as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

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

    Authority: 49 U.S.C. 106(g), 40113, 44701.

    4. Section 1.1 is amended by adding the following definitions in 
alphabetical order to read as follows:


Sec. 1.1   General definitions.

* * * * *
    Category IIIa operations, an ILS approach and landing with no 
decision height (DH), or a DH below 100 feet (30 meters), and 
controlling runway visual range not less than 700 feet (200 meters).
    Category IIIb operations, an ILS approach and landing with no DH, 
or with a DH below 50 feet (15 meters), and controlling runway visual 
range less than 700 feet (200 meters), but not less than 150 feet (50 
meters).
    Category IIIc operations, an ILS approach and landing with no DH 
and no runway visual range limitation.
* * * * *

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

    5. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    6. Section 61.2, 61.3, and 61.5 are redesignated as Secs. 61.3, 
61.5, and 61.6.
    6A. A new Sec. 61.2 is added to read as follows:


Sec. 61.2   Definition of terms.

    For the purpose of this part:
    (a) Authorized Instructor means--
    (1) An instructor who has a valid ground instructor certificate or 
current flight instructor certificate with appropriate ratings issued 
by the Administrator;
    (2) An instructor authorized under part 121 (SFAR 58), part 135, or 
part 142 of this chapter to give instruction under those parts; or
    (3) Any other person authorized by the Administrator to give 
instruction under this part.
    (b) Flight Simulator, Airplane means a device that--
    (1) Is a full-sized airplane cockpit replica of a specific type of 
airplane, or make, model, and series of airplane;
    (2) Includes the hardware and software necessary to represent the 
airplane in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and a 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (c) Flight Simulator, Helicopter means a device that--
    (1) Is a full-sized helicopter cockpit replica of a specific type 
of aircraft, or make, model, and series of helicopter;
    (2) Includes the hardware and software necessary to represent the 
helicopter in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (d) Flight Training Device means a device that--
    (1) Is a full-sized replica of instruments, equipment, panels, and 
controls of an airplane or rotorcraft, or set of airplanes or 
rotorcraft, in an open flight deck area or in an enclosed cockpit, 
including the hardware and software for systems installed, necessary to 
simulate the airplane or rotorcraft in ground operations and flight 
operations;
    (2) Need not have a force (motion) cueing or visual system; and
    (3) Has been evaluated, qualified, and approved by the 
Administrator.
    (e) Set of airplanes or rotorcraft means airplanes or rotorcraft 
which all share similar performance characteristics, such as similar 
airspeed and altitude operating envelope, similar handling 
characteristics, and the same number and type of propulsion systems.
    7. Section 61.3 is revised to read as follows:


Sec. 61.3   Certification of foreign pilots and flight instructors.

    (a) A person who is neither a U.S. citizen nor a resident alien may 
be issued a pilot certificate or flight instructor certificate under 
this part (other than under Sec. 61.75 or Sec. 61.77), outside the 
United States, only when the Administrator finds that--
    (1) The pilot certificate is needed for the operation of a U.S.-
registered civil aircraft; or
    (2) The flight instructor certificate is needed for the training of 
students who are citizens of the United States.
    (b) Training centers, and their satellite training centers 
certificated under part 142 of this chapter, may, outside the United 
States--
    (1) Prepare and recommend applicants for additional ratings and 
endorsements to certificates issued by the Administrator under the 
provisions of this part, and award additional ratings and endorsements 
within the authority granted to that training center by the 
Administrator; and
    (2) Prepare and recommend U.S. citizen applicants for airman 
certificates, and issue certificates to U.S. citizens within the 
authority granted to that training center by the Administrator.
    8. Section 61.5 is amended by revising the introductory text of 
paragraph (d), revising paragraph (f), and adding new paragraphs (i) 
and (j) to read as follows:


Sec. 61.5   Requirement for certificates, rating, and authorizations.

* * * * *
    (d) Flight instructor certificate. Unless otherwise authorized by 
the Administrator, and except for lighter-than-air instruction in 
lighter-than-air aircraft, no person other than the holder of a flight 
instructor certificate issued in accordance with subpart G of this 
part, with an appropriate rating on that certificate, may--
* * * * *
    (f) Category II pilot authorization. (1) No person may act as pilot 
in command of a civil aircraft during Category II operations unless--
    (i) That person holds a current Category II pilot authorization for 
that category or class of aircraft, and the type of aircraft, if 
applicable; or
    (ii) In the case of a civil aircraft of foreign registry, that 
person is authorized by the country of registry to act as pilot in 
command of that aircraft in Category II operations.
    (2) No person may act as second in command of a civil aircraft 
during Category II operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or

[[Page 34548]]

    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category II operations.
* * * * *
    (i) Category III pilot authorization. (1) No person may act as 
pilot in command of a civil aircraft during Category III operations 
unless--
    (i) That person holds a current Category III pilot authorization 
for that category or class of aircraft, and the type of aircraft, if 
applicable; or
    (ii) In the case of a civil aircraft of foreign registry, that 
person is authorized by the country of registry to act as pilot in 
command of that aircraft in Category III operations.
    (2) No person may act as second in command of a civil aircraft 
during Category III operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category III operations.
    (j) Exceptions. Paragraphs (f) and (i) of this section do not apply 
to operations conducted by the holder of a certificate issued under 
part 121 or part 135 of this chapter.
    9. A new Sec. 61.4 is added to read as follows:


Sec. 61.4   Qualification and approval of flight simulators and flight 
training devices.

    Each flight simulator and each flight training device used for 
training, for which an airman is to receive credit to satisfy any 
training, testing, or checking requirement under this chapter, must be 
qualified and approved by the Administrator for--
    (a) The training, testing, and checking for which it is used;
    (b) Each particular maneuver, procedure, or crewmember function 
performed; and
    (c) The representation of the specific category and class of 
aircraft, type of aircraft, particular variation within type of 
aircraft, or set of aircraft in the case of some flight training 
devices.
    10. Section 61.13 is amended by revising paragraph (e) to read as 
follows:


Sec. 61.13  Application and qualification.

* * * * *
    (e) The following requirements apply to a Category II pilot 
authorization and to a Category III pilot authorization:
    (1) The authorization is issued by a letter of authorization as a 
part of the applicant's instrument rating or airline transport pilot 
certificate.
    (2) Upon original issue the authorization contains a visibility 
limitation--
    (i) For Category II operations, the limitation is 1,600 feet RVR 
and a 150-foot decision height; and
    (ii) For Category III operations, each initial limitation is 
specified in the authorization document.
    (3) Limitations on an authorization may be removed as follows:
    (i) In the case of Category II limitations, a limitation is removed 
when the holder shows that, since the beginning of the sixth preceding 
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument 
conditions.
    (ii) In the case of Category III limitations, a limitation is 
removed as specified in the authorization.
    (4) To meet the experience requirement of paragraph (e)(3) of this 
section, and for the practical test required by this part for a 
Category II or a Category III authorization, a flight simulator or 
flight training device may be used if it is approved by the 
Administrator for such use.
* * * * *
    11. Section 61.21 is amended by revising the section heading and 
the first sentence to read as follows:


Sec. 61.21  Duration of Category II and Category III pilot 
authorization. (for other than part 121 and part 135 use).

    A Category II pilot authorization and a Category III pilot 
authorization expire on the last day of the sixth month after the month 
last issued or renewed. * * *
    12. Section 61.39 is amended by adding new paragraphs (a)(6) and 
(a)(7) to read as follows:


Sec. 61.39  Prerequisites for flight tests.

* * * * *
    (a) * * *
    (6) If all increments of the practical test for a certificate or 
rating are not completed on one date, all remaining increments of the 
test must be satisfactorily completed not more than 60 calendar days 
after the date on which the applicant begins the test.
    (7) If all increments of the practical test are not satisfactorily 
completed within 60 calendar days as required by paragraph (a)(6) of 
this section, the applicant must retake the entire practical test, 
including those increments satisfactorily completed.
* * * * *
    13. Section 61.45 is amended by revising the section heading and 
paragraphs (a), (c), and (d) to read as follows:


Sec. 61.45  Practical tests: Required aircraft and equipment.

    (a) General. Except when an applicant for a certificate or rating 
under this part is permitted to accomplish the entire flight increment 
of the practical test in a qualified and approved flight simulator or 
in a qualified and approved flight training device:
    (1) The applicant must furnish for each required test, except as 
provided by paragraph (a)(2) of this section, an aircraft of U.S. 
registry--
    (i) Of the category and class aircraft, and type aircraft, if 
applicable, for which the applicant is applying for a certificate or 
rating; and
    (ii) That has a current standard or limited airworthiness 
certificate.
    (2) At the discretion of the person authorized by the Administrator 
to conduct the test, the applicant may furnish--
    (i) An aircraft that has a current airworthiness certificate other 
than standard or limited, but that otherwise meets the requirement of 
paragraph (a)(1) of this section;
    (ii) An aircraft of the category and class, and type aircraft, if 
applicable, of foreign registry that is certificated by the country of 
registry; or
    (iii) A military aircraft of the category and class aircraft, and 
type aircraft, if applicable, for which the applicant is applying for a 
certificate or rating.
* * * * *
    (c) Required controls. An applicant must furnish for each practical 
test an aircraft--
    (1) (Other than lighter-than-air) listed in paragraph (a) of this 
section.
    (2) That has engine controls and flight controls--
    (i) That are easily reached; and
    (ii) Unless the evaluator conducting the test accepts otherwise, 
that can be operated in a conventional manner by the applicant, other 
required crewmembers, and the evaluator if the evaluator occupies a 
pilot's seat.
    (d) Simulated instrument flight equipment. An applicant for any 
practical test involving flight maneuvers and flight procedures 
accomplished solely by reference to instruments, must furnish equipment 
that--
    (1) Excludes the applicant's visual reference to objects outside 
the aircraft; and
    (2) Is otherwise acceptable to the Administrator.
* * * * *
    14. Section 61.51 is amended by revising paragraphs (b)(1)(ii), 
(b)(1)(iii), (b)(1)(iv), (b)(3)(iii), (c)(2)(i), (c)(4), and

[[Page 34549]]

(c)(5), and by adding new paragraphs (b)(2)(viii) and (c)(2)(iv) to 
read as follows:


Sec. 61.51  Pilot logbooks.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Total time of flight or flight lesson.
    (iii) Except for simulated flight, the place, or points of 
departure and arrival.
    (iv) Type and identification of aircraft, flight simulator, or 
flight training device.
    (2) * * *
    (viii) Instruction in a flight simulator or instruction in a flight 
training device.
    (3) * * *
    (iii) Simulated instrument conditions in actual flight, in a flight 
simulator, or in a flight training device.
    (c) * * *
    (2) * * *
    (i) A private or commercial pilot may log as pilot-in-command time 
that flight time when the pilot is--
    (A) The sole manipulator of the controls of an aircraft for which 
the pilot is rated; or
    (B) Acting as pilot in command of an aircraft on which more than 
one pilot is required under the type certification of the aircraft or 
the regulation under which the flight is conducted.
* * * * *
    (iv) A recreational pilot may log as pilot-in-command time only 
that time when the pilot is the sole manipulator of the controls of an 
aircraft for which the pilot is rated.
* * * * *
    (4) Instrument flight time.
    (i) Except as provided in paragraph (c)(4)(iv) of this section, a 
pilot may log as instrument flight time only that time when the pilot 
operates an aircraft solely by reference to instruments under actual or 
simulated instrument flight conditions.
    (ii) For simulated instrument conditions a qualified and approved 
flight simulator or qualified and approved flight training device may 
be used, provided an authorized instructor is present during the 
simulated flight.
    (iii) Each entry in the pilot logbook must include--
    (A) The place and type of each instrument approach completed; and
    (B) The name of the safety pilot for each simulated instrument 
flight conducted in flight.
    (iv) An instrument flight instructor conducting instrument flight 
instruction in actual instrument weather conditions may log instrument 
time.
    (5) Instruction time. All time logged as instruction time must be 
certified by the authorized instructor from whom it was received.
* * * * *
    15. Section 61.55 is amended by revising paragraphs (b)(2)(ii) and 
by adding new paragraphs (b)(3) and (b)(4) to read as follows:


Sec. 61.55  Second-in-command qualifications.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Engine-out procedures and maneuvering with an engine out while 
executing the duties of a pilot in command.
    (3) Except as provided in paragraph (b)(4) of this section, the 
requirements of this paragraph (b)(3) may be accomplished in a flight 
simulator that is--
    (i) Qualified and approved by the Administrator for such purposes; 
and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (4) An applicant for an initial second-in-command qualification for 
a particular type of aircraft who is qualifying under the terms of 
paragraph (b)(3) of this section shall satisfactorily complete a 
minimum of one takeoff and one landing in an aircraft of the same type 
for which the qualification is sought.
* * * * *
    16. Section 61.56 is amended by revising paragraph (e) and adding a 
new paragraph (h) to read as follows:


Sec. 61.56  Flight review.

* * * * *
    (e) An applicant who has, within the period specified in paragraphs 
(c) and (d) of this section, satisfactorily completed a test for a 
pilot certificate, rating, or operating privilege, need not accomplish 
the flight review required by this section if the test was conducted by 
a person authorized by the Administrator, or authorized by a U.S. Armed 
Force, to conduct the test.
* * * * *
    (h) A flight simulator or flight training device may be used to 
meet the flight review requirements of this section subject to the 
following conditions:
    (1) The flight simulator or flight training device must be approved 
by the Administrator for that purpose.
    (2) The flight simulator or flight training device must be used in 
accordance with an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (3) Unless the review is undertaken in a flight simulator that is 
approved for landings, the applicant must meet the takeoff and landing 
requirements of Sec. 61.57 (c) or (d).
    (4) The flight simulator or flight training device used must 
represent an aircraft, or set of aircraft, for which the pilot is 
rated.
    17. Section 61.57 is amended by revising paragraphs (c), (d), and 
(e) to read as follows:


Sec. 61.57  Recent flight experience: Pilot in command.

* * * * *
    (c) General experience. (1) Except as otherwise provided in 
paragraph (f) of this section, no person may act as pilot in command of 
an aircraft carrying passengers, or of an aircraft certificated for 
more than one required pilot flight crewmember, unless that person 
meets the following requirements--
    (i) Within the preceding 90 calendar days, that person must have 
made three takeoffs and three landings as the sole manipulator of the 
flight controls in an aircraft of the same category and class and, if a 
type rating is required, of the same type of aircraft.
    (ii) If the aircraft operated under paragraph (c)(1)(i) of this 
section is a tailwheel airplane, that person must have made to a full 
stop the landings required by that paragraph.
    (2) For the purpose of meeting the requirements of this section, a 
person may act as pilot in command of a flight under day visual flight 
rules (VFR) or day instrument flight rules (IFR) if no persons or 
property are carried other than as necessary for compliance with this 
part.
    (3) The takeoffs and landings required by paragraph (c)(1) of this 
section may be accomplished in a flight simulator or flight training 
device--
    (i) Qualified and approved by the Administrator for landings; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (d) Night experience. (1) Except as provided in paragraph (f) of 
this section, no person may act as pilot in command of an aircraft 
carrying passengers at night (the period beginning 1 hour after sunset 
and ending 1 hour before sunrise (as published in the American Air 
Almanac) unless, within the preceding 90 days, that person has made not 
fewer than three takeoffs and three landings to a full stop, at night, 
as the sole manipulator of the flight controls in the same category and 
class of aircraft.
    (2) The takeoffs and landings required by paragraph (d)(1) of this 
section may

[[Page 34550]]

be accomplished in a flight simulator that is--
    (i) Qualified and approved by the Administrator for takeoffs and 
landings, if the visual system is adjusted to represent the time of day 
described in paragraph (d)(1) of this section; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (e) Instrument currency. (1) Except as provided by paragraph (f) of 
this section, no person may act as pilot in command under IFR, or in 
weather conditions less than the minimums prescribed for VFR, unless, 
within the preceding 6 calendar months, that person has--
    (i) In the case of an aircraft other than a glider--
    (A) Logged at least 6 hours of instrument time including at least 
six instrument approaches under actual or simulated instrument 
conditions, not more than 3 hours of which may be in approved 
simulation representing aircraft other than gliders; or
    (B) Passed an instrument competency test as described in paragraphs 
(e)(2) and (e)(3) of this section; or
    (ii) In the case of a glider, the person must have logged at least 
3 hours of instrument time, at least half of which was in a glider or 
an airplane, except that the person may not carry a passenger in the 
glider until that person has completed at least 3 hours of instrument 
flight time in a glider.
    (2) A person who does not meet the recent instrument experience 
requirements of paragraph (e)(1) of this section during the prescribed 
time, or within 6 calendar months thereafter, may not serve as pilot in 
command under IFR, or in weather conditions less than the minimums 
prescribed for VFR, until that person passes an instrument competency 
test in the category and class of aircraft involved, given by a person 
authorized by the Administrator to conduct the test.
    (3) The Administrator may authorize the conduct of all or part of 
the test required by paragraph (e)(2) of this section in a qualified 
and approved flight simulator or flight training device.
* * * * *
    18. Section 61.58 is revised to read as follows:


Sec. 61.58  Pilot-in-command proficiency check: Operation of aircraft 
requiring more than one required pilot.

    (a) Except as otherwise provided in this section, to serve as pilot 
in command of an aircraft that is type certificated for more than one 
required pilot crewmember, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command check in an aircraft that is type certificated for more than 
one required pilot crewmember; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command check in the particular type of aircraft in which that person 
will serve as pilot in command.
    (b) This section does not apply to persons conducting operations 
under part 121, part 125, part 127, part 133, part 135, or part 137 of 
this chapter.
    (c) The pilot-in-command check given in accordance with the 
provisions of part 121, part 125, part 127, or part 135 of this chapter 
may be used to satisfy the requirements of this section.
    (d) The pilot-in-command check required by paragraph (a) of this 
section may be accomplished by satisfactory completion of one of the 
following--
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the maneuvers and 
procedures required for a type rating;
    (2) The practical test required for a type rating;
    (3) The initial or periodic practical test required for the 
issuance of a pilot examiner or a check airman designation; or
    (4) A military flight check required for a pilot in command with 
instrument privileges, in an aircraft that the military requires to be 
operated by more than one pilot.
    (e) A check or a test described in paragraphs (d)(1) through (d)(4) 
of this section may be accomplished in a flight simulator qualified and 
approved under part 142 of this chapter subject to the following:
    (1) Except as allowed in paragraphs (e)(2) and (e)(3) of this 
section, if an otherwise qualified and approved flight simulator used 
for a pilot-in-command proficiency check is not qualified and approved 
for a specific required maneuver--
    (i) The training center shall annotate, in the applicant's training 
record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as pilot in command, the pilot shall 
demonstrate proficiency in each omitted maneuver in an aircraft or 
flight simulator qualified and approved for each omitted maneuver.
    (2) If the flight simulator used pursuant to this paragraph (e) is 
not qualified and approved for circling approaches--
    (i) The applicant's record shall be annotated with the statement, 
``Proficiency in circling approaches not demonstrated''; and
    (ii) The applicant may not perform circling approaches as pilot in 
command when weather conditions are less than the basic VFR conditions 
described in Sec. 91.155 of this chapter, until proficiency in circling 
approaches has been successfully demonstrated in an approved simulator 
or aircraft to a person authorized by the Administrator to conduct the 
check required by this section.
    (3) If the flight simulator used pursuant to this paragraph (e) is 
not qualified and approved for landings the applicant must--
    (i) Hold a type rating in the airplane represented by the 
simulator; and
    (ii) Have completed, within the preceding 90 days, at least three 
takeoffs and three landings (one to a full stop) as the sole 
manipulator of the flight controls in the type airplane for which the 
pilot-in-command proficiency check is sought.
    (f) For the purpose of meeting the check requirements of paragraph 
(a) of this section, a person may act as pilot in command of a flight 
under day VFR conditions or day IFR conditions if no person or property 
is carried, other than as necessary to demonstrate compliance with this 
part.
    (g) If a pilot takes the check required by this section in the 
calendar month before, or the calendar month after, the month in which 
it is due, the pilot is considered to have taken it in the month in 
which it was due for the purpose of computing when the next check is 
due.
    19. Section 61.63 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec. 61.63  Additional aircraft ratings for other than airline 
transport pilot certificates (for parts 121 and 135 use only).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, an applicant who is a pilot crewmember employee of a 
part 121 certificate holder or a part 135 certificate holder must meet 
the requirements of paragraphs (b) through (d) of this section, as 
applicable to the rating sought.
* * * * *
    20. A new section 61.64 is added to read as follows:


Sec. 61.64  Additional aircraft ratings for other than airline 
transport pilot certificates (for other than parts 121 and 135 use).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, an applicant who is not a crewmember employee 
applicant of a part 121 training program or a part 135 training program 
must meet the requirements of paragraphs (b) through

[[Page 34551]]

(i) of this section, applicable to the rating sought.
    (b) Category rating. An applicant who holds a pilot certificate and 
applies to add a category rating must meet the following requirements:
    (1) Present a record of training certified by an authorized 
instructor showing that the applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
applicable to the pilot certificate and aircraft category and class 
rating sought;
    (ii) Received flight training in the category and class of aircraft 
on the areas of operation applicable to the pilot certificate and 
aircraft category and class rating sought;
    (iii) Been found competent by the certifying flight instructor in 
the aeronautical knowledge areas required for the pilot certificate to 
which the added aircraft category rating would apply; and
    (iv) Been found competent by the certifying flight instructor in 
the areas of operation required for the pilot certificate to which the 
added aircraft category rating would apply;
    (2) Pass the knowledge test applicable to the pilot certificate and 
aircraft category and class rating sought; and
    (3) Pass the practical test required for the pilot certificate 
held, and category and class rating sought.
    (c) Class rating. An applicant who holds a pilot certificate and 
applies to add a class rating must meet the following requirements:
    (1) The applicant must present a record certified by an authorized 
instructor showing that the applicant has--
    (i) Received flight instruction in the class of aircraft on the 
areas of operation applicable to the pilot certificate and aircraft 
class rating sought;
    (ii) Received ground training on the aeronautical knowledge areas 
applicable to the pilot certificate and aircraft class rating sought;
    (iii) Been found competent by the certifying flight instructor in 
the aeronautical knowledge areas applicable to the pilot certificate to 
which the category and class rating would apply; and
    (iv) Been found competent by the certifying flight instructor in 
the areas of operation applicable to the pilot certificate to which the 
aircraft class rating would apply;
    (2) Pass a knowledge test applicable to the pilot certificate and 
aircraft class rating sought; and
    (3) Pass a practical test required for the pilot certificate held, 
and required for the category and class rating sought.
    (d) Type rating. An applicant who holds a pilot certificate and 
applies to add a type rating must meet the following requirements--
    (1) Present a record of training certified by an authorized 
instructor that shows that the applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
applicable to the type rating sought;
    (ii) Received flight training on the areas of operation applicable 
to the type rating sought; and
    (iii) Been found competent by the certifying flight instructor in 
the areas of operation required for the issue of the pilot certificate 
for which the aircraft type rating is sought.
    (2) Passed a required practical test on the areas of operation 
listed in Sec. 61.158 or Sec. 61.163, as applicable, for the aircraft 
type rating sought.
    (3) If the applicant does not hold an instrument rating, in 
addition to the tasks required by paragraph (d)(2) of this section, the 
applicant must also demonstrate competency in the operations required 
by Sec. 61.65(g).
    (e) The tasks required by paragraphs (b), (c), and (d) of this 
section shall be performed as follows:
    (1) Except as provided in paragraph (e)(2) of this section, the 
tasks must be performed in an aircraft of the same category, class, and 
type, if applicable, as the aircraft for which the added rating is 
sought.
    (2) Subject to the limitations of paragraph (e)(3) through (e)(12) 
of this section, the tasks may be performed in a flight simulator or a 
flight training device that represents the aircraft for which the added 
rating is sought.
    (3) The flight simulator or flight training device use permitted by 
paragraph (e)(2) of this section shall be conducted in accordance with 
an approved course at a training center certificated under part 142 of 
this chapter.
    (4) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet at least one of the following:
    (A) Hold a type rating for a turbojet airplane of the same class as 
the class of airplane for which the type rating is sought, or have been 
appointed by a military service as a pilot in command of an airplane of 
the same class as the class of airplane for which the type rating is 
sought, if a turbojet type rating is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
class as the class of airplane for which the type rating is sought, or 
have been designated by a military service as a pilot in command of an 
airplane of the same class as the class of airplane for which the type 
rating is sought, if a turbopropeller airplane type rating is sought.
    (C) Have at least 2,000 hours of actual flight time, of which 500 
hours must be in turbine-powered airplanes of the same class as the 
class of airplane for which the type rating is sought.
    (D) Have at least 500 hours of actual flight time in the same type 
airplane as the airplane for which the rating is sought.
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (5) Subject to the limitation of paragraph (e) (6) of this section, 
an applicant who does not meet the requirements of paragraph (e)(4) of 
this section may complete all training and testing (except for 
preflight inspection) for an added rating in a flight simulator if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a type rating in a propeller-driven airplane is 
sought.
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for the added 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same 
class of airplane for which the type rating is sought and which require 
a type rating; and
    (2) At least 25 hours of flight time in airplanes in the same type 
of airplane for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (e)(5) 
of this section will be issued an added rating with a limitation.
    (7) The limitation on certificates issued under the provisions of 
paragraph (e)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation 
specified in paragraph (e)(7) of this section--
    (i) May not act as PIC of the aircraft for which an added rating 
was obtained under the provisions of this section until he or she has 
had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in

[[Page 34552]]

command under the supervision of a qualified and current pilot in 
command, in the seat normally occupied by the pilot in command, in an 
aircraft of the same type as the airplane to which the limitation 
applies.
    (9) An applicant who does not meet the requirements of paragraph 
(e)(4) or (e)(5) of this section may be awarded an added rating after 
successful completion of one of the following requirements:
    (i) Compliance with paragraph (e)(2) and (e)(3) of this section and 
the following tasks, applicable to airplane ratings only, which must be 
successfully completed on a static airplane or in flight, as 
appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) Compliance with paragraphs (e)(2), (e)(3), and (e)(10) through 
(e)(12) of this section.
    (10) An applicant meeting only the requirements of paragraph (e)(9) 
of this section will be issued an added rating with a limitation.
    (11) The limitation on certificates issued under the provisions of 
paragraph (e)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the added rating.''
    (12) An applicant gaining a certificate with the limitation 
specified in paragraph (e)(11) of this section--
    (i) May not act as PIC of the aircraft for which an added rating 
was obtained under the provisions of this section until he or she has 
had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the PIC, in an aircraft of the same type as the 
airplane to which the limitation applies.
    (f) An applicant for a type rating who provides an aircraft not 
capable of the instrument maneuvers and procedures required by 
Sec. 61.158 or Sec. 61.163 for the practical test may--
    (1) Obtain a type rating limited to ``VFR only''; and
    (2) Remove the ``VFR only'' limitation for each aircraft type in 
which the applicant demonstrates compliance with the instrument 
requirements of Sec. 61.158 or Sec. 61.163 or the requirements of 
Sec. 61.73(e)(2).
    (g) An applicant for a type rating may be issued a certificate with 
the limitation ``VFR only'' for each aircraft type not equipped for the 
applicant to show instrument competency.
    (h) An applicant for a type rating in a multiengine, single-pilot-
station airplane may meet the requirements of this part in another 
multiengine airplane.
    (i) An applicant for a type rating in a single-engine, single-
pilot-station airplane may meet the requirements of this part in 
another single-engine or multiengine airplane if the applicant meets 
the instrument currency requirements of Sec. 61.57(e).
    21. Section 61.65 is amended by removing and reserving paragraphs 
(d) and (f), revising paragraph (b) introductory text, paragraph (c) 
introductory text and (c)(1), (c)(3), (c)(4), and (c)(5), paragraph (e) 
introductory text and (e)(2) and (g); and adding paragraph (c)(6) and 
(h) to read as follows:


Sec. 61.65  Instrument rating requirements.

* * * * *
    (b) Ground instruction and written test. An applicant for the 
written test for an instrument rating must have received ground 
instruction or have logged home study in, and passed a written test on, 
at least the following areas of aeronautical knowledge applicable to 
the rating sought:
* * * * *
    (c) Flight instruction. Except as otherwise provided in this 
paragraph, an applicant for the practical test for an instrument rating 
must present a record certified by an authorized instructor showing 
instrument flight instruction and competency in an aircraft of the same 
category for which the instrument rating is sought, in each of the 
following areas of operations:
    (1) Control and accurate maneuvering of the aircraft solely by 
reference to instruments.
* * * * *
    (3) Instrument approaches to published minimums using two different 
nonprecision approach systems and one precision approach system.
    (4) Cross-country flight in an aircraft in simulated or actual IFR 
conditions, on Federal airways or as routed by air traffic control, 
subject to the following:
    (i) The flight must be at least 250 nautical miles (100 nautical 
miles for helicopters) including a minimum of one precision instrument 
approach and two nonprecision instrument approaches.
    (ii) Each instrument approach must be accomplished at a different 
airport.
    (iii) If the departure and final destination airports are the same 
airport, the destination airport may be considered as the third 
airport.
    (iv) No approach need be done more than once.
    (5) Simulated emergencies involving equipment or instrument 
malfunctions, missed approach procedures, deviations to unplanned 
alternates, recovery from unusual attitudes, loss of communications, 
and simulated loss of power on at least one-half of the engines if a 
multiengine aircraft is used.
    (6) Flight instruction required by paragraphs (c)(1), (c)(2), 
(c)(3), and (c)(5) of this section may be accomplished in a qualified 
and approved flight simulator or in a qualified and approved flight 
training device.
    (d) [Reserved]
    (e) Flight experience. Except as provided in paragraph (h) of this 
section, an applicant for an instrument rating must have at least the 
following flight time as a pilot:
* * * * *
    (2) 40 hours of simulated or actual instrument time, which may 
include--
    (i) Not more than a combined total of 20 hours of instrument 
instruction by an authorized instructor in a qualified and approved 
flight simulator or in a qualified and approved flight training device; 
or
    (ii) Not more than 30 hours of instrument instruction accomplished 
in an approved course conducted by a training center certificated under 
part 142 of this chapter.
* * * * *
    (f) [Reserved]
    (g) Practical test. An applicant for an instrument rating must pass 
a practical test consisting of an oral increment and a flight 
increment, as follows:
    (1) The flight increment required by this paragraph (g) (1) may be 
accomplished in any category, class, and type aircraft that is 
certificated for flight in instrument conditions, or in a qualified and 
approved flight simulator or qualified and approved flight training 
device.
    (2) The practical test required by this paragraph (g) (2) must 
include instrument flight procedures, selected by the person authorized 
by the Administrator to conduct the practical test, to determine the 
applicant's ability to perform competently the IFR operations described 
in paragraph (c) of this section.
    (3) The following requirements of the practical test must be 
accomplished in an aircraft or in a qualified and approved flight 
simulator:
    (i) At least one published precision, nonprecision, and circling 
approach.
    (ii) At least one landing.
    (iii) At least one cross-country flight.
    (h) Training qualifications. An applicant for the instrument rating 
who

[[Page 34553]]

has satisfactorily completed an approved curriculum conducted at a 
training center certificated under part 142 of this chapter must have--
    (1) A total of at least 95 hours of pilot flight time, including at 
least 35 hours of simulated or actual instrument flight time; or
    (2) Satisfactorily completed the requirements of an approved 
instrument rating course at a part 142 certified training center that 
has received approval from the Administrator to conduct a curriculum 
satisfying the requirements of the instrument rating in--
    (i)Fewer than 95 hours of pilot flight time; or
    (ii) Fewer than 35 hours of simulated instrument time or actual 
instrument time.
    22. Section 61.67 is amended by revising paragraphs (a)(2), (b) 
introductory text, (b)(1), (b)(2), (c)(2), (d) introductory text, 
(d)(1) introductory text, and (d)(2), by removing the concluding text 
at the end of paragraph (c), and by adding paragraphs (c)(3) through 
(c)(7) to read as follows:


Sec. 61.67  Category II pilot authorization requirements.

    (a) * * *
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating.
    (b) Experience requirements. An applicant for a Category II 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command;
    (2) 75 hours of instrument time under actual or simulated 
instrument conditions that may include not more than--
    (i) A combination of 25 hours of simulated instrument flight time 
in qualified and approved flight simulators or qualified and approved 
flight training devices; or
    (ii) 40 hours of simulated instrument flight time if accomplished 
in an approved course conducted by an appropriately rated training 
center certificated under part 142 of this chapter.
* * * * *
    (c) * * *
    (2) To be eligible for the practical test, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this 
section;
    (ii) Hold the appropriate class rating; and
    (iii) If the applicant has not passed a practical test for this 
authorization since the beginning of the twelfth calendar month, meet 
the following recent experience requirements--
    (A) The requirements of Sec. 61.57(e); and
    (B) At least six ILS approaches since the beginning of the sixth 
month before the practical test, subject to the following:
    (1) The approaches must be conducted under actual or simulated 
instrument flight conditions.
    (2) The approaches must be conducted down to the minimum decision 
height for the ILS approach in the type aircraft in which the practical 
test is to be conducted.
    (3) Except as provided in paragraph (c)(4) of this section, the 
approaches must be accomplished in an aircraft of the same category and 
class, and type, as applicable, as the aircraft in which the practical 
test is to be conducted.
    (4) The approaches may be accomplished in a flight simulator that--
    (i) Represents an aircraft of the same category and class, and 
type, as applicable, as the aircraft in which the authorization is 
sought; and
    (ii) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (5) The approaches need not be conducted down to the decision 
height authorized for Category II operations if conducted in a 
qualified and approved flight simulator or qualified and approved 
flight training device.
    (6) At least three of the approaches required by paragraph 
(c)(2)(iii)(B) of this section must be conducted manually, without the 
use of an approach coupler.
    (7) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(iii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(iii)(A) of this section.
    (d) Practical test procedures. Oral questioning may be conducted at 
any time during the practical test. The practical test consists of two 
increments:
    (1) Oral increment. The applicant must demonstrate knowledge of the 
following:
* * * * *
    (2) Flight increment. The following requirements apply to the 
flight increment of a practical test:
    (i) The flight increment may be conducted in an aircraft of the 
same category and class and type, as applicable, as the aircraft in 
which the authorization is sought or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and 
type, as applicable, as the aircraft in which the authorization is 
sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) At least two ILS approaches to 100 feet AGL including at least 
one landing and one missed approach.
    (iii) All approaches must be made with the approved flight control 
guidance system, except that if an approved automatic approach coupler 
is installed, at least one approach must be hand flown using flight 
director commands.
    (iv) If a multiengine airplane with the performance capability to 
execute a missed approach with one engine inoperative is used, one 
missed approach must be executed with an engine, which shall be the 
most critical engine, if applicable, set at idle or zero thrust before 
reaching the middle marker.
    (v) If a flight simulator is used, the missed approach must be 
executed with an engine, which shall be the most critical engine, if 
applicable, failed.
    (vi) For authorizations for aircraft that require a type rating, 
the test must be performed in coordination with a second in command who 
holds a type rating in the aircraft in which the authorization is 
sought.
    23. Section 61.68 is added to read as follows:


Sec. 61.68  Category III pilot authorization requirements.

    (a) General. An applicant for a Category III pilot authorization 
must hold--
    (1) A pilot certificate with an instrument rating or airline 
transport pilot certificate;
    (2) A valid medical certificate;
    (3) A category and class rating for the aircraft for which the 
authorization is sought; and
    (4) A type rating for the aircraft for which the authorization is 
sought, if that aircraft requires a type rating.
    (b) Experience requirements. An applicant for a Category III 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command;
    (2) Except as provided in paragraph (c) of this section, 75 hours 
of instrument flight time during actual or simulated instrument 
conditions that may include not more than a combination of 25 hours of 
simulated instrument flight time in qualified and approved flight 
simulators or qualified and approved flight training devices; and
    (3) 250 hours of cross-country flight time as pilot in command.
    (c) Increasing instrument flight time hours. The instrument flight 
time

[[Page 34554]]

allowed in flight simulators or flight training devices under paragraph 
(b)(2) of this section may be increased to not more than 40 hours if 
accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (d) Practical test required. (1) An applicant for the issuance or 
renewal of a Category III authorization or for the addition of another 
type aircraft to an authorization must pass a practical test.
    (2) If the applicant has not passed a practical test for this 
authorization since the beginning of the twelfth calendar month, the 
applicant must meet the following recency of experience requirements:
    (i) The requirements of Sec. 61.57(e).
    (ii) At least six ILS approaches since the beginning of the sixth 
month before the practical test, subject to the following:
    (A) The approaches must be conducted under actual or simulated 
instrument flight conditions and flown down to the minimum altitude for 
the ILS approach.
    (B) Except as provided in paragraph (d)(2)(ii)(C) of this section, 
the approaches must be accomplished in an aircraft of the same category 
and class, and type, as applicable, as the aircraft in which the 
practical test is to be conducted.
    (C) The approaches may be accomplished in a flight simulator or 
flight training device that--
    (1) Represents an aircraft of the same category and class, and 
type, as applicable, as the aircraft for which the authorization is 
sought; and
    (2) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (D) Conducted down to the alert height or decision height, as 
applicable, authorized for Category III operations only if conducted in 
a qualified and approved flight simulator or qualified and approved 
flight training device.
    (e) Practical test procedures. Oral questioning may be conducted at 
any time during the practical test. The practical test consists of two 
increments:
    (1) Oral increment. The applicant must demonstrate knowledge of the 
following:
    (i) Required landing distance.
    (ii) Determination and recognition of the alert height or decision 
height, as applicable, including use of a radar altimeter.
    (iii) Recognition of and proper reaction to significant failures 
encountered prior to and after reaching the alert height or decision 
height, as applicable.
    (iv) Missed approach procedures and techniques using computed or 
fixed attitude guidance displays and expected height loss as they 
relate to manual go-around or automatic go-around and initiation 
altitude, as applicable.
    (v) The use and limitations of RVR, including determination of 
controlling RVR and required transmissometers.
    (vi) The use, availability, or limitations of visual cues and the 
altitude at which they are normally discernible at reduced RVR readings 
including--
    (A) Unexpected deterioration of conditions to less than minimum RVR 
during approach, flare, and rollout;
    (B) Demonstration of expected visual references with weather at 
minimum conditions; and
    (C) The expected sequence of visual cues during an approach in 
which visibility is at or above landing minima.
    (vii) Procedures and techniques for making a transition from 
instrument reference flight to visual flight during a final approach 
under reduced RVR.
    (viii) Effects of vertical and horizontal wind shear.
    (ix) Characteristics and limitations of the ILS and runway lighting 
system.
    (x) Characteristics and limitations of the flight director system 
auto approach coupler (including split axis type if so equipped), auto 
throttle system, if applicable, and other Category III equipment, as 
applicable.
    (xi) Assigned duties of the second in command during Category III 
operations, unless the aircraft for which authorization is sought does 
not require a second in command.
    (xii) Recognition of the limits of acceptable aircraft position and 
flight path tracking during approach, flare, and, if applicable, 
rollout.
    (xiii) Recognition of, and reaction to, airborne or ground system 
faults or abnormalities, particularly after passing alert height or 
decision height, as applicable.
    (2) Flight increment. The following requirements apply to the 
flight increment of the practical test:
    (i) The flight increment may be conducted in an aircraft of the 
same category and class, and type, as applicable, as the aircraft in 
which the authorization is sought, or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and 
type, as applicable, as the aircraft in which the authorization is 
sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) All approaches must be made with the approved automatic 
landing system or an equivalent landing system approved by the 
Administrator and must consist of the following:
    (A) At least two ILS approaches to 100 feet AGL, including one 
landing and one missed approach initiated from a very low altitude that 
may result in a touchdown during the go-around maneuver.
    (B) If a multiengine aircraft with the performance capability to 
execute a missed approach with one engine inoperative is used, a missed 
approach shall be executed with an engine, which shall be the most 
critical engine, if applicable, set at idle or zero thrust before 
reaching the middle or outer marker.
    (C) If a flight simulator or flight training device is used, a 
missed approach must be executed with an engine, which shall be the 
most critical engine, if applicable, failed.
    (D) Subject to the limitations of paragraph (e)(2)(ii)(E) of this 
section, for Category IIIb operations predicated on the use of a fail-
passive rollout control system, at least one manual rollout using 
visual reference or a combination of visual and instrument references.
    (E) The maneuver required by paragraph (e)(2)(ii)(D) of this 
section shall be initiated by a fail-passive disconnect of the rollout 
control system--
    (1) After main gear touchdown;
    (2) Prior to nose gear touchdown;
    (3) In conditions representative of the most adverse lateral 
touchdown displacement allowing a safe landing on the runway; and
    (4) In weather conditions anticipated in Category IIIb operations.
    (iii) For authorizations for aircraft that require a type rating, 
the practical test must be performed in coordination with a second in 
command who holds a type rating in the aircraft in which the 
authorization is sought.
    24. Section 61.109 is revised to read as follows:


Sec. 61.109  Airplane rating: Aeronautical experience.

    (a) Except as provided in paragraph (h) of this section, an 
applicant for a private pilot certificate with an airplane category 
rating must have at least the following aeronautical experience:
    (1) At least 20 hours of flight instruction from an authorized 
instructor, including at least--
    (i) 3 hours of cross-country flight.
    (ii) 3 hours of flight at night, including ten takeoffs and ten 
landings for applicants seeking night flying privileges.
    (iii) 3 hours in airplanes in preparation for the private pilot

[[Page 34555]]

practical test within 60 calendar days prior to that test.
    (2) At least 20 hours of solo flight time, including at least-
    (i) 10 hours of flight in airplanes;
    (ii) 10 hours of cross-country flight; and
    (iii) Three solo takeoffs and landings to a full stop at an airport 
with an operating control tower.
    (b) Each flight required by paragraph (a)(2)(ii) of this section 
must include--
    (1) A landing at a point more than 50 nautical miles from the 
original departure point; and
    (2) One flight of at least 300 nautical miles with landings at a 
minimum of three points, one of which is at least 100 nautical miles 
from the original departure point.
    (c) An applicant who does not meet the night flying requirement of 
paragraph (a)(1)(ii) of this section may be issued a private pilot 
certificate bearing the limitation ``night flying prohibited.'' The 
limitation may be removed if the holder of the certificate shows that 
he or she has met the requirements of paragraph (a)(1)(ii) of this 
section.
    (d) Except as provided in paragraph (e) of this section, a maximum 
of 2.5 hours of instruction in a flight simulator or flight training 
device representing an airplane from an authorized instructor may be 
credited toward the total hours required by paragraph (a) of this 
section.
    (e) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing an airplane may be credited toward 
the total hours required by paragraph (a) of this section if the 
instruction is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (h) Except where fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with an airplane rating who 
has satisfactorily completed an approved private pilot course conducted 
by a training center certificated under part 142 of this chapter need 
have only a total of at least 35 hours of pilot flight time in 
aircraft, flight simulators, or flight training devices.
    25. Section 61.113 is revised to read as follows:


Sec. 61.113  Rotorcraft rating: Aeronautical experience.

    (a) Except as provided in paragraph (g) of this section, an 
applicant for a private pilot certificate with a rotorcraft category 
rating must have at least the following aeronautical experience:
    (1) For a helicopter class rating, 40 hours of flight instruction 
and solo flight time including at least--
    (i) 20 hours of flight instruction from an authorized flight 
instructor, 15 hours of which must be in a helicopter, including--
    (A) 3 hours of cross-country flying in helicopters; and
    (B) 3 hours of night flying in helicopters, including 10 takeoffs 
and 10 landings, each of which must be separated by an en-route phase 
of flight;
    (ii) 3 hours in helicopters in preparation for the private pilot 
practical test within 60 calendar days before that test;
    (iii) A flight in a helicopter with a landing at a point other than 
an airport; and
    (2) 20 hours of solo flight time, 15 hours of which must be in a 
helicopter, including at least--
    (i) 3 hours of cross-country flying in helicopters, including one 
flight with a landing at three or more points, each of which must be 
more than 25 nautical miles from each of the other landing points; and
    (ii) Three takeoffs and three landings in helicopters at airports 
or heliports with operating control towers, each separated by an en-
route phase of flight.
    (b) Except as provided in paragraph (c) of this section, a maximum 
of 2.5 hours of instruction in a flight simulator or flight training 
device representing a helicopter from an authorized instructor may be 
credited toward the total hour requirement of paragraph (a) of this 
section.
    (c) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing a helicopter may be credited toward 
the total hours required by paragraph (a) of this section if the 
instruction is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (d) The applicant for a gyroplane class rating must have a total of 
at least--
    (1) 20 hours of flight instruction from an authorized flight 
instructor, 15 hours of which must be in a gyroplane, including at 
least the following--
    (i) 3 hours of cross-country flying in gyroplanes;
    (ii) 3 hours of night flying in gyroplanes, including ten takeoffs 
and ten landings; and
    (iii) 3 hours in gyroplanes in preparation for the private pilot 
flight test within 60 calendar days before that test.
    (2) 20 hours of solo flight time, 10 hours of which must be in a 
gyroplane, including--
    (i) 3 hours of cross-country flying in gyroplanes, including one 
flight with a landing at three or more points, each of which must be 
more than 25 nautical miles from each of the other two points; and
    (ii) Three takeoffs and three landings in gyroplanes at an airport 
with an operating control tower.
    (3) Except as provided in paragraph (d)(4) of this section, a 
maximum of 2.5 hours of instruction in a flight simulator or flight 
training device representing a gyroplane may be credited toward the 
total hours required by paragraph (d)(1) of this section.
    (4) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing a gyroplane may be credited toward 
the total hours required by paragraph (d)(1) of this section if the 
instruction is accomplished in an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (e) An applicant who does not meet the night flying requirements of 
paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of this section will be 
issued a private pilot certificate bearing the limitation ``night 
flying prohibited.''
    (f) The limitation required by paragraph (e) of this section may be 
removed if the holder of the certificate demonstrates compliance with 
the requirements of paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of 
this section, as applicable.
    (g) Except where fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with a rotorcraft category 
rating who has satisfactorily completed an approved private pilot 
course conducted by a training center certificated under part 142 of 
this chapter need have only a total of at least 35 hours of pilot 
flight time in aircraft, flight simulators, or flight training devices.
    26. Section 61.129 is amended by revising paragraph (b) 
introductory text and (b)(1) and (b)(2) introductory text, and by 
adding paragraphs (b)(4) and (c) to read as follows:


Sec. 61.129  Airplane rating: Aeronautical experience.

* * * * *
    (b) Flight time as pilot. Except as provided in paragraph (c) of 
this section, an applicant for a commercial pilot certificate with an 
airplane rating must have at least the following aeronautical 
experience:
    (1) A total of at least 250 hours of flight time as a pilot that 
may include not more than--
    (i) Except as provided in paragraph (b)(1)(ii) of this section, 50 
hours of flight simulator instruction or flight training device 
instruction from an authorized instructor; or

[[Page 34556]]

    (ii) 100 hours of flight simulator instruction or flight training 
device instruction, if the instruction is accomplished in an approved 
course conducted by a training center certificated under part 142 of 
this chapter.
    (2) The flight time required by paragraph (b)(1) of this section 
must include--
* * * * *
    (4) Flight simulator instruction and flight training device 
instruction must be accomplished in a qualified and approved flight 
simulator or in a qualified and approved flight training device 
representing an airplane.
    (c) Except where fewer hours are approved by the Administrator, an 
applicant for a commercial pilot certificate with an airplane rating 
who has satisfactorily completed an approved commercial pilot course 
conducted by a training center certificated under part 142 of this 
chapter must have a total of at least 190 hours of pilot flight time in 
aircraft, flight simulators, or flight training devices.
    27. Section 61.131 is amended by revising the introductory text, 
paragraph (b) introductory text and (b)(1) introductory text, and by 
adding paragraphs (a)(3), (a)(4), (b)(3), (b)(4), and (c) to read as 
follows:


Sec. 61.131  Rotorcraft ratings: Aeronautical experience.

    Except as provided in paragraph (c) of this section, an applicant 
for a commercial pilot certificate with a rotorcraft category rating 
must have at least the following aeronautical experience:
    (a) * * *
    (3) Except as provided in paragraph (a)(4) of this section, a 
maximum of 35 hours of flight simulator instruction or flight training 
device instruction from an authorized instructor may be credited toward 
the total hour requirement for a pilot certificate.
    (4) A maximum of 50 hours of flight simulator instruction or flight 
training device instruction may be credited toward the total hours 
required by paragraph (a)(1) of this section if the instruction is 
accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (b) For a gyroplane class rating:
    (1) An applicant must have at least 150 hours of flight time in 
aircraft, including at least 100 hours in powered aircraft, 25 hours of 
which must be in a gyroplane, including at least--
* * * * *
    (3) Except as provided in paragraph (b)(4) of this section, a 
maximum of 35 hours of flight simulator instruction or flight training 
device instruction from an authorized instructor may be credited toward 
the total requirement for a pilot certificate if the instruction is 
accomplished in a flight simulator or in a flight training device 
representing a gyroplane.
    (4) A maximum of 50 hours of flight simulator instruction or flight 
training device if instruction may be credited toward the total hours 
required by paragraph (b)(1) of this section if the instruction is 
accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (c) Except as otherwise approved by the Administrator, an applicant 
for a commercial pilot certificate with a rotorcraft rating and a 
helicopter class rating who has satisfactorily completed an approved 
commercial pilot course conducted by a training center certificated 
under part 142 of this chapter must have a total of at least 150 hours 
of pilot flight time in aircraft, flight simulators, or flight training 
devices.
    28. Section 61.155 is revised to read as follows:


Sec. 61.155  Airplane rating: Aeronautical experience.

    (a) Except as provided in paragraph (d) of this section, for an 
applicant for an airline transport pilot certificate with an airplane 
category and class rating, the following requirements apply:
    (1) The applicant must hold a commercial pilot certificate, a 
foreign airline transport pilot, or commercial pilot license without 
limitations issued by a member state of ICAO, or meet the requirements 
of Sec. 61.73 that would qualify the applicant for a commercial pilot 
certificate;
    (2) The applicant must have at least 1,500 hours of total time as a 
pilot that includes at least--
    (i) 500 hours of cross-country flight time;
    (ii) 100 hours of night flight time;
    (iii) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (A) Except as provided in paragraph (a)(2)(iii)(B) of this section, 
an applicant may not receive more than 25 hours of simulated instrument 
time in flight simulators and flight training devices.
    (B) A maximum of 50 hours of instruction in a flight simulator or 
flight training device may be credited toward the total hours required 
by paragraph (a)(2) of this section if the instruction is accomplished 
in a course conducted by a training center certificated under part 142 
of this chapter.
    (C) Instruction in a flight simulator or flight training device 
must be accomplished in a qualified and approved flight simulator or in 
a qualified and approved flight training device, representing an 
airplane; and
    (iv) 250 hours of flight time in an airplane as a pilot in command 
or as a second in command performing the duties and functions of a 
pilot in command under the supervision of a pilot in command, or any 
combination thereof, which includes at least--
    (A) 100 hours of cross-country flight time; and
    (B) 25 hours of night flight time; and
    (3) Not more than 100 hours of total pilot experience may be 
obtained in a flight simulator or flight training device, provided the 
pilot experience is accomplished in an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (b) An applicant who has performed at least 20 night takeoffs and 
landings to a full stop may substitute each additional night takeoff 
and landing to a full stop in excess of the minimum 20 takeoffs for 1 
hour of night flight time to satisfy the requirements of paragraph 
(a)(2) of this section, for a total credited time of no more than 25 
hours.
    (c) If an applicant with less than 150 hours of pilot-in-command 
time otherwise meets the requirements of paragraph (a)(2)(iv) of this 
section, the applicant's certificate will be endorsed ``Holder does not 
meet the pilot-in-command flight experience requirement of ICAO'', as 
prescribed by article 39 of the ``Convention on International Civil 
Aviation.'' Whenever the pilot presents satisfactory written evidence 
that 150 hours of pilot-in-command time has been accumulated, the 
applicant is entitled to a new certificate without the endorsement.
    (d) A commercial pilot may credit the following second-in-command 
and flight engineer flight time (or a combination of either crewmember 
position flight time) toward the 1,500 hours of total time as a pilot 
required by paragraph (a) of this section:
    (1) All second-in-command time acquired in an airplane required to 
have more than one pilot by the airplane's flight manual or type 
certificate or by the regulations under which the flight is conducted.
    (2) Flight engineer time, provided the time--
    (i) Is acquired in an airplane that is required to have a flight 
engineer by the airplane's flight manual, the type

[[Page 34557]]

certificate, or the regulations under which the flight is conducted;
    (ii) Is acquired while the applicant is participating in a pilot 
training program approved under part 121 of this chapter; and
    (iii) Is credited at a rate of 1 hour of flight time for each 3 
hours of flight engineer time, for a total credited time of no more 
than 500 hours.
    (e) If an applicant who credits second-in-command or flight 
engineer time under paragraph (d) of this section toward the 1,500 
hours total flight time requirement of paragraph (a)(2) of this 
section--
    (1) Does not have at least 1,200 hours of flight time as a pilot 
including not more than 50 percent of the second-in-command time and 
none of the flight engineer time; but
    (2) Otherwise meets the requirements of paragraph (a)(2) of this 
section, the applicant's certificate will be endorsed ``Holder does not 
meet the pilot flight experience requirements of ICAO,'' as prescribed 
by article 39 of the ``Convention on International Civil Aviation.'' 
Whenever the applicant presents satisfactory evidence of having 
accumulated 1,200 hours of flight time as a pilot including no more 
than 50 percent of the second-in-command time and none of the flight 
engineer time, the applicant is entitled to a new certificate without 
the endorsement.
    29. Section 61.157 is amended by revising the section heading and 
adding a new paragraph (g) to read as follows:


Sec. 61.157  Airplane rating: Aeronautical skill (for parts 121 and 135 
use only).

* * * * *
    (g) Successful completion of a proficiency check under Sec. 121.441 
of this chapter or successful completion of both a competency check, 
under Sec. 135.293 of this chapter, and a pilot-in-command instrument 
proficiency check, under Sec. 135.297 of this chapter, satisfies the 
requirements of this section for the appropriate aircraft rating.
    30. Section 61.158 is added to read as follows:


Sec. 61.158  Airplane rating: Aeronautical skill (for other than parts 
121 and 135).

    (a) An applicant for an airline transport pilot certificate with a 
single engine or multiengine class rating or type rating, must--
    (1) Pass a practical test based on the following areas of 
operation:
    (i) Preflight procedures.
    (ii) Ground operations.
    (iii) Takeoff and departure maneuvers.
    (iv) In-flight maneuvers.
    (v) Instrument procedures.
    (vi) Landings and approaches to landings.
    (vii) Normal and abnormal procedures.
    (viii) Emergency procedures.
    (ix) Postflight procedures.
    (2) If seeking an airplane type rating, present a record of 
training certified by an authorized instructor showing that the 
applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
required by this section applicable to the airplane type rating sought; 
and
    (ii) Received flight training on the areas of operation applicable 
to the airplane type rating sought.
    (b) If the applicant does not hold an instrument rating, in 
addition to the areas specified in paragraph (a)(1) of this section, 
the applicant must also demonstrate competency in the operations 
referenced in Sec. 61.65(g).
    (c) The demonstrations required by paragraphs (a) and (b) of this 
section must be performed in--
    (1) An airplane of the same class, and, if applicable, an airplane 
of the same type, for which the class rating or type rating is sought; 
or
    (2) Subject to the requirements of paragraphs (d)(1) through (d)(8) 
of this section, as applicable, a flight simulator or a flight training 
device that represents the airplane type for which the type rating is 
sought, or set of airplanes if the airplane for which the class rating 
is sought, does not require a type rating.
    (d) The following requirements apply to a demonstration of 
competency under this section in a flight simulator or a flight 
training device;
    (1) The flight simulator or flight training device use permitted by 
paragraph (c)(2) of this section must be in accordance with an approved 
course at a training center certificated under part 142 of this 
chapter;
    (2) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.155 and at least one of the following:
    (A) Hold a type rating for a turbojet airplane of the same class as 
the class of airplane for which the type rating is sought or have been 
designated by a military service as a pilot in command of an airplane 
of the same class as the class of airplane for which the type rating is 
sought, if a turbojet type rating is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
class as the class of airplane for which the type rating is sought, or 
have been appointed by a military service as a pilot in command of an 
airplane of the same class as the class of airplane for which the type 
rating is sought, if a turbopropeller airplane type rating is sought.
    (C) Have at least 2,000 hours of actual flight time, of which 500 
hours must be in turbine-powered airplanes of the same class as the 
class of airplane for which the type rating is sought.
    (D) Have at least 500 hours of actual flight time in the same type 
airplane as the type of airplane for which the type rating is sought.
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (3) Subject to the limitation of paragraph (d)(4) of this section 
an applicant who does not meet the requirements of paragraph (d)(2) of 
this section may complete all training and testing (except for 
preflight inspection) for an added rating if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets the aeronautical experience requirements 
of Sec. 61.155 and at least one of the following:
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a type rating in a propeller-driven airplane is 
sought.
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for the added 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same 
class as the class of airplane for which the type rating is sought and 
which require a type rating; and
    (2) At least 25 hours of flight time in airplanes of the same type 
as the type of airplane for which the type rating is sought.
    (4) An applicant meeting only the requirements of paragraph 
(d)(3)(ii)(A) and (B) of this section will be issued an added rating, 
or an airline transport pilot certificate with an added rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the added 
rating.''
    (5) An applicant gaining a certificate with the limitation 
specified in paragraph (d)(4) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and

[[Page 34558]]

    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type as the type of airplane to which the limitation applies.
    (6) An applicant who does not meet the requirements of paragraph 
(d)(2)(ii)(A) through (E) or (d)(3)(ii)(A) and (B) of this section may 
be awarded an airline transport pilot certificate or an added rating to 
that certificate after successful completion of one of the following 
requirements:
    (i) An approved course at a training center which includes all 
training and testing for that certificate or rating followed by 
training and testing on the following tasks, which must be successfully 
completed on a static airplane or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) An approved course at a training center which includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (d)(7) and (d)(8) of this section.
    (7) An applicant meeting only the requirements of paragraph (d)(6) 
of this section will be issued an added rating, or an airline transport 
pilot certificate with an added rating, as applicable, with a 
limitation. The limitation shall state: ``This certificate is subject 
to pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation 
specified in paragraph (d)(7) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type as the type of airplane to which the limitation applies.
    (e) Unless the Administrator requires certain or all tasks to be 
performed, the person authorized by the Administrator to conduct the 
practical test for an airline transport pilot certificate may waive any 
of the tasks for which the Administrator approves waiver authority.
    31. Section 61.161 is amended by revising paragraph (b)(4) and by 
adding a new paragraph (b)(5) to read as follows:


Sec. 61.161  Rotorcraft rating: Aeronautical experience.

* * * * *
    (b) * * *
    (4) 75 hours of actual or simulated instrument time under actual or 
simulated conditions. At least 50 hours of this time must be completed 
in flight with at least--
    (i) 25 hours in helicopters as pilot in command;
    (ii) 25 hours in helicopters as second in command performing the 
duties of a pilot in command under the supervision of a pilot in 
command; or
    (iii) Any combination of paragraph (b)(4)(i) and (b)(4)(ii) of this 
section that totals 25 hours in helicopters.
    (5) Flight simulator or flight training device instruction may be 
credited toward the total hour requirement of paragraph (b)(4) of this 
section subject to the following:
    (i) Flight simulator and flight training device instruction must be 
accomplished in a qualified and approved flight simulator or in a 
qualified and approved flight training device, representing a 
rotorcraft.
    (ii) Except as provided in paragraph (b)(5)(iii) of this section, 
an applicant may receive credit for not more than a combined total of 
25 hours of simulated instrument time in flight simulators and flight 
training devices.
    (iii) A maximum of 50 hours of flight simulator instruction or 
flight training device instruction may be credited toward the total 
hours required by paragraph (b)(4) of this section if the instruction 
is accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    32. Section 61.163 is revised to read as follows:


Sec. 61.163  Rotorcraft rating: Aeronautical skill.

    (a) An applicant for an airline transport pilot certificate with a 
rotorcraft category and helicopter class rating or a type rating must 
pass a practical test based on the following areas of operation:
    (1) Preflight procedures.
    (2) Ground operations.
    (3) Takeoff and departure procedures.
    (4) In-flight maneuvers.
    (5) Instrument procedures.
    (6) Landings and approaches to landings.
    (7) Normal and abnormal procedures.
    (8) Emergency procedures.
    (9) Postflight procedures.
    (b) If the applicant does not hold an instrument rating, in 
addition to the areas specified in paragraph (a) of this section, the 
applicant must also demonstrate competency in the operations required 
by Sec. 61.65(g).
    (c) The demonstrations required by paragraphs (a) and (b) of this 
section must be performed in--
    (1) The helicopter for which the class rating or type rating is 
sought; or
    (2) Subject to the requirements of paragraphs (d)(1) through (d)(8) 
of this section, as applicable, a flight simulator or flight training 
device that represents the helicopter for which the class rating or 
type rating is sought.
    (d) The following requirements apply to a demonstration of 
competency under this section in a flight simulator or a flight 
training device:
    (1) The flight simulator or flight training device use permitted by 
paragraph (c)(2) of this section must be in accordance with an approved 
course at a training center certificated under part 142 of this 
chapter.
    (2) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.161 and at least one of the following:
    (A) Hold a type rating for a turbine-powered helicopter, or have 
been designated by a military service as a pilot in command of an a 
turbine-powered helicopter, if a turbine-powered helicopter type rating 
is sought.
    (B) Have at least 1,200 hours of actual flight time, of which 500 
hours must be in turbine-powered helicopters.
    (C) Have at least 500 hours of actual flight time in the same type 
helicopter as the helicopter for which the type rating is sought.
    (D) Have at least 1,000 hours of flight time in at least two 
different helicopters requiring a type rating.
    (3) Subject to the limitation of paragraph (d)(4) of this section, 
an applicant who does not meet the requirements of paragraph (d)(2) of 
this section may complete all training and testing (except for 
preflight inspection) for an added rating if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets the aeronautical experience requirements 
of Sec. 61.161 and, since the beginning of the 12th calendar month 
before the month in which the applicant completes the

[[Page 34559]]

practical test for the added rating, has logged--
    (A) At least 100 hours of flight time in helicopters; and
    (B) At least 15 hours of flight time in helicopters of the same 
type as the helicopter for which the type rating is sought.
    (4) An applicant meeting only the requirements of paragraph 
(d)(3)(ii) (A) and (B) of this section will be issued an added rating, 
or an airline transport pilot certificate with a limitation. The 
limitation shall state: ``This certificate is subject to pilot-in-
command limitations for the added rating.''
    (5) An applicant gaining a certificate with the limitation 
specified in paragraph (d)(4) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type as the type of aircraft to which the limitation applies.
    (6) An applicant who does not meet the requirements of paragraph 
(d)(2)(ii) (A) through (D) or (d)(3)(ii) (A) and (B) of this section 
may be awarded an airline transport pilot certificate or an added 
rating to that certificate after successful completion of the of one of 
the following requirements:
    (i) An approved course at a training center which includes all 
training and testing for that certificate or rating followed by 
training and testing on the following tasks, which must be successfully 
completed on a static aircraft or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff from a hover;
    (C) Manually flown precision approach; and
    (D) Steep approach and landing to an off-airport heliport;
    (ii) An approved course at a training center which includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (d)(7) and (d)(8) of this section.
    (7) An applicant meeting only the requirements of paragraph (d)(6) 
of this section will be issued an added rating or an airline transport 
pilot certificate with an added rating, as applicable, with a 
limitation. The limitation shall state: ``This certificate is subject 
to pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation 
specified in paragraph (d)(7) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type as the type of aircraft to which the limitation applies.
    (e) Unless the Administrator requires certain or all tasks to be 
performed, the person authorized by the Administrator to conduct the 
practical test for an airline transport pilot certificate may waive any 
of the tasks for which the Administrator approves waiver authority.
    33. Section 61.169 is revised to read as follows:


Sec. 61.169  Instruction in air transportation service.

    (a) An airline transport pilot may instruct--
    (1) Other pilots in air transportation service in aircraft of the 
category, class, and type, as applicable, for which the airline 
transport pilot is rated;
    (2) In flight simulators and flight training devices representing 
the aircraft referenced in paragraph (a)(1) of this section, when 
instructing under the provisions of this section;
    (3) Only as provided in this section, unless the airline transport 
pilot also holds a flight instructor certificate, in which case he or 
she may exercise the instructor privileges of subpart G of part 61 for 
which he or she is rated; and
    (4) When instructing under the provisions of this section in an 
actual aircraft, only if the aircraft has functioning dual controls, 
when instructing under the provisions of this section.
    (b) Excluding briefings and debriefings, an airline transport pilot 
may not instruct in aircraft, flight simulators, and flight training 
devices under this section--
    (1) For more than 8 hours in any 24-consecutive-hour period; or
    (2) For more than 36 hours in any 7-consecutive-day period.
    (c) An airline transport pilot may not instruct in Category II or 
Category III operations unless he or she has been trained and 
successfully tested under Category II or Category III operations, as 
applicable.
    34. Section 61.187 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 61.187  Flight proficiency.

* * * * *
    (c) The flight instruction required by this section may be 
accomplished--
    (1) In an aircraft; or
    (2) In a flight simulator or in a flight training device used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    35. Section 61.191 is amended by revising paragraph (c) and adding 
a new paragraph (d) to read as follows:


Sec. 61.191  Additional flight instructor ratings.

* * * * *
    (c) Pass the written and practical test prescribed in this subpart 
for the rating sought.
    (d) If accomplished in accordance with an approved course conducted 
by a training center certificated under part 142 of this chapter, the 
practical test may be conducted in a flight simulator, or a flight 
training device.
    36. Section 61.195 is amended by adding paragraph (h) to read as 
follows:


Sec. 61.195  Flight instructor limitations.

* * * * *
    (h) A flight instructor may not give instruction in Category II or 
Category III operations unless the flight instructor has been trained 
and tested in Category II or Category III operations, pursuant to 
Sec. 61.67 or Sec. 61.68, as applicable.
    37. Section 61.197 is revised to read as follows:


Sec. 61.197  Renewal of flight instructor certificates.

    (a) Except as provided in paragraph (b) of this section, the holder 
of a flight instructor certificate may renew that certificate for an 
additional period of 24 calendar months if that individual 
satisfactorily completes a practical test for--
    (1) Renewal of the flight instructor certificate and rating sought; 
or
    (2) An additional flight instructor rating.
    (b) The holder of a flight instructor certificate may renew that 
certificate and its ratings without accomplishing a practical test, by 
presenting to an FAA Flight Standards District Office evidence of one 
of the following:
    (1) A record showing that, during the preceding 24 calendar months, 
the instructor has served--
    (i) As a company check pilot;
    (ii) As a chief flight instructor;
    (iii) As a company check airman or flight instructor in a part 121 
or part 135 operation; or

[[Page 34560]]

    (iv) In a comparable position involving the regular evaluation of 
pilots.
    (2) A graduation certificate from an approved flight instructor 
refresher course, provided that--
    (i) The course was completed prior to the expiration date of the 
flight instructor certificate; and
    (ii) The course consists of not less than 24 hours of ground 
training, flight training, or a combination of ground training and 
flight training.
    (c) If an instructor satisfactorily completes the requirements of 
this section within 90 calendar days prior to the expiration date of 
the flight instructor certificate, the instructor is considered to have 
completed the requirements of this section prior to the expiration 
date, and the certificate will be renewed for an additional 24 calendar 
months beyond the expiration date.
    (d) Except as allowed by paragraph (e) of this section, the 
practical test required by paragraph (a) of this section must be 
conducted in an aircraft.
    (e) The practical test required by paragraph (a) of this section 
may be accomplished in a flight simulator or in a flight training 
device if the test is accomplished pursuant to an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    38. Part 61, appendix A is amended by revising the heading to read 
as follows:

Appendix A to Part 61--Practical Test Requirements for Airplane Airline 
Transport Pilot Certificates and Associated Class and Type Ratings (For 
Parts 121 and 135 Use Only)

    39. Part 61, appendix B, is removed.

PART 91--GENERAL OPERATING AND FLIGHT RULES

    40. The authority citation for part 91 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111, 
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.

    41. Section 91.191 is revised to read as follows:


Sec. 91.191  Category II and Category III manual.

    (a) Except as provided in paragraph (c) of this section, after 
August 4, 1997, no person may operate a U.S.-registered civil aircraft 
in a Category II or a Category III operation unless--
    (1) There is available in the aircraft a current and approved 
Category II or Category III manual, as appropriate, for that aircraft;
    (2) The operation is conducted in accordance with the procedures, 
instructions, and limitations in the appropriate manual; and
    (3) The instruments and equipment listed in the manual that are 
required for a particular Category II or Category III operation have 
been inspected and maintained in accordance with the maintenance 
program contained in the manual.
    (b) Each operator must keep a current copy of each approved manual 
at its principal base of operations and must make each manual available 
for inspection upon request by the Administrator.
    (c) This section does not apply to operations conducted by a holder 
of a certificate issued under part 121 or part 135 of this chapter.
    42. Section 91.205 is amended by revising paragraph (f) and adding 
a new paragraph (g) and (h) to read as follows:


Sec. 91.205  Powered civil aircraft with standard category U.S. 
airworthiness certificates: Instrument and equipment requirements.

* * * * *
    (f) Category II operations. The requirements for Category II 
operations are the instruments and equipment specified in--
    (1) Paragraph (d) of this section; and
    (2) Appendix A to this part.
    (g) Category III operations. The instruments and equipment required 
for Category III operations are specified in paragraph (d) of this 
section.
    (h) Exclusions. Paragraphs (f) and (g) of this section do not apply 
to operations conducted by a holder of a certificate issued under part 
121 or part 135 of this chapter.

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

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

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

Special Federal Aviation Regulation No. 58--Advanced Qualification 
Program

    43A. Section 2 of SFAR 58 is amended by revising the definition of 
``training center'' to read as follows:
    2. Definitions.
* * * * *
    Training center means an organization certificated under part 142 
of this chapter or an organization approved by the Administrator to 
operate under the terms of this SFAR to provide training as described 
in section 1(b) of SFAR 58.
* * * * *
    43B. Section 11 of SFAR 58 is amended by adding a new paragraph (d) 
to read as follows:
    11. Approval of Training, Qualification, or Evaluation by a Person 
Who Provides Training by Arrangement.
* * * * *
    (d) Approval for the training, qualification, or evaluation by a 
person who provides training by arrangement authorized by this section 
expires on August 3, 1998 unless that person meets the eligibility 
requirements specified under Sec. 121.402 or Sec. 135.324 of this 
chapter. After August 2, 1998 approval for the training, qualification, 
or evaluation, by a person who provides training by arrangement 
authorized by this section, shall be granted only to persons who meet 
the eligibility requirements specified under Sec. 121.402 or 
Sec. 135.234 of this chapter.
* * * * *
    44. Section 121.400 is amended by adding new paragraphs (c)(7) and 
(c)(8).


Sec. 121.400  Applicability and terms used.

* * * * *
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that provides training, 
testing, and checking under contract or other arrangement to 
certificate holders subject to the requirements of this part.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified due 
to not having met within the required period the recurrent training 
requirements of Sec. 121.427 or the proficiency check requirements of 
Sec. 121.441.
    45. Section 121.402 is added to read as follows:


Sec. 121.402  Training program: Special Rules.

    (a) Other than the certificate holder, only another certificate 
holder certificated under this part or a training center certificated 
under part 142 of this chapter is eligible under this subpart to 
provide training, testing, and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.
    (b) A certificate holder may contract with, or otherwise arrange to 
use the services of, a training center certificated under part 142 of 
this chapter to provide training, testing, and checking required by 
this part only if the training center--

[[Page 34561]]

    (1) Holds applicable training specifications issued under part 142 
of this chapter;
    (2) Has facilities, training equipment, and courseware meeting the 
applicable requirements of part 142 of this chapter;
    (3) Has approved curriculums, curriculum segments, and portions of 
curriculum segments applicable for use in training courses required by 
this subpart; and
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Secs. 121.411 or 121.413 to provide 
training, testing, and checking to persons subject to the requirements 
of this subpart.
    46. Section 121.431 is amended by revising paragraph (a) to read as 
follows:


Sec. 121.431  Applicability.

    (a) This subpart:
    (1) Prescribes crewmember qualifications for all certificate 
holders except where otherwise specified. The qualification 
requirements of this subpart also apply to each certificate holder that 
conducts commuter operations under part 135 of this chapter with 
airplanes for which two pilots are required by the aircraft type 
certification rules of this chapter. The Administrator may authorize 
any other certificate holder that conducts operations under part 135 of 
this chapter to comply with the training and qualification requirements 
of this subpart instead of subparts E, G, and H of part 135 of this 
chapter, except that these certificate holders may choose to comply 
with the operating experience requirements of Sec. 135.344 of this 
chapter, instead of the requirements of Sec. 121.434; and
    (2) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Secs. 121.411 and 121.413 to 
provide training, testing and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE

    47. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

    48. Section 125.285 is amended by revising the introductory text of 
paragraph (a) and the introductory text of paragraph (c) to read as 
follows:


Sec. 125.285  Pilot qualifications: Recent experience.

    (a) No certificate holder may use any person, nor may any person 
serve, as a required pilot flight crewmember unless within the 
preceding 90 calendar days that person has made at least three takeoffs 
and landings in the type airplane in which that person is to serve. The 
takeoffs and landings required by this paragraph may be performed in a 
flight simulator if the flight simulator is qualified and approved by 
the Administrator for such purpose. * * *
* * * * *
    (c) A required pilot flight crewmember who performs the maneuvers 
required by paragraph (b) of this section in a qualified and approved 
flight simulator, as prescribed in paragraph (a) of this section, 
must--
* * * * *
    49. Section 125.296 is added to read as follows:


Sec. 125.296  Training, testing, and checking conducted by training 
centers: Special rules.

    A crewmember who has successfully completed training, testing, or 
checking in accordance with an approved training program that meets the 
requirements of this part and that is conducted in accordance with an 
approved course conducted by a training center certificated under part 
142 of this chapter, is considered to meet applicable requirements of 
this part.
    50. Section 125.297 is amended by revising the section heading and 
paragraph (a) and (b) introductory text to read as follows:


Sec. 125.297  Approval of flight simulators and flight training 
devices.

    (a) Flight simulators and flight training devices approved by the 
Administrator may be used in training, testing, and checking required 
by this subpart.
    (b) Each flight simulator and flight training device that is used 
in training, testing, and checking required under this subpart must be 
used in accordance with an approved training course conducted by a 
training center certificated under part 142 of this chapter, or meet 
the following requirements:
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

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

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

    52. Section 135.291 is revised to read as follows:


Sec. 135.291  Applicability.

    Except as provided in Sec. 135.3, this subpart--
    (a) Prescribes the tests and checks required for pilot and flight 
attendant crewmembers and for the approval of check pilots in 
operations under this part; and
    (b) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Sec. 135.337 and Sec. 135.339 
to provide training, testing, and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.
    53. Section 135.321 is amended by revising paragraph (a) and by 
adding paragraphs (b)(7) and (b)(8) to read as follows:


Sec. 135.321  Applicability and terms used.

    (a) Except as provided in Sec. 135.3, this subpart prescribes the 
requirements applicable to--
    (1) A certificate holder under this part which contracts with, or 
otherwise arranges to use the services of a training center 
certificated under part 142 to perform training, testing, and checking 
functions;
    (2) Each certificate holder for establishing and maintaining an 
approved training program for crewmembers, check airmen and 
instructors, and other operations personnel employed or used by that 
certificate holder; and
    (3) Each certificate holder for the qualification, approval, and 
use of aircraft simulators and flight training devices in the conduct 
of the program.
    (b) * * *
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that provides training, 
testing, and checking under contract or other arrangement to 
certificate holders subject to the requirements of this part.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified due 
to not having met within the required period the--
    (i) Recurrent pilot testing requirements of Sec. 135.293;

[[Page 34562]]

    (ii) Instrument proficiency check requirements of Sec. 135.297; or
    (iii) Line checks required by Sec. 135.299.
    54. Section 135.324 is added to read as follows:


Sec. 135.324  Training program: Special Rules.

    (a) Other than the certificate holder, only another certificate 
holder certificated under this part or a training center certificated 
under part 142 of this chapter is eligible under this subpart to 
provide training, testing, and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.
    (b) A certificate holer may contract with, or otherwise arrange to 
use the services of, a training center certificated under part 142 of 
this chapter to provide training, testing, and checking required by 
this part only if the training center--
    (1) Holds applicable training specifications issued under part 142 
of this chapter;
    (2) Has facilities, training equipment, and courseware meeting the 
applicable requirements of part 142 of this chapter;
    (3) Has approved curriculums, curriculum segments, and portions of 
curriculum segments applicable for use in training courses required by 
this subpart; and
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Secs. 135.337 or 135.339 to provide 
training, testing, and checking to persons subject to the requirements 
of this subpart.

PART 141--PILOT SCHOOLS

    55. The authority citation for part 141 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    56. Section 141.26 is added to read as follows:


Sec. 141.26  Training agreements.

    A training center certificated under part 142 of this chapter may 
provide the training, testing, and checking for pilot schools 
certificated under part 141 of this chapter and is considered to meet 
the requirements of part 141 provided--
    (a) There is a training agreement between the certificated training 
center and the pilot school;
    (b) The training, testing, and checking provided by the 
certificated training center is approved and conducted under part 142;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes 
the training, testing, and checking to be conducted under part 141 and 
the training, testing, and checking to be conducted under part 142 of 
this chapter; and
    (d) Upon completion of the training, testing, and checking 
conducted under part 142 of this chapter, a copy of each student's 
training record is forwarded to the part 141 school and becomes part of 
the student's permanent training record.
    57. Part 142 is added to read as follows:

PART 142--TRAINING CENTERS

Subpart A--General

Sec. 142.1  Applicability.
Sec. 142.3  Definitions.
Sec. 142.5  Certificate and training specifications required.
Sec. 142.7  Duration of a certificate.
Sec. 142.9  Deviations or waivers.
Sec. 142.11  Application for issuance or amendment.
Sec. 142.13  Management and personnel requirements.
Sec. 142.15  Facilities.
Sec. 142.17  Satellite training centers.
Sec. 142.19  Foreign training centers: Special rules.
Sec. 142.21-142.25  [Reserved]
Sec. 142.27  Display of certificate.
Sec. 142.29  Inspections.
Sec. 142.31  Advertising limitations.
Sec. 142.33  Training agreements.

Subpart B--Aircrew Curriculum and Syllabus Requirements

Sec. 142.35  Applicability.
Sec. 142.37  Approval of flight aircrew training program.
Sec. 142.39  Training program curriculum requirements.

Subpart C--Personnel and Flight Training Equipment Requirements

Sec. 142.45  Applicability.
Sec. 142.47  Training center instructor eligibility requirements.
Sec. 142.49  Training center instructor and evaluator privileges and 
limitations.
Sec. 142.51  [Reserved]
Sec. 142.53  Training center instructor training and testing 
requirements.
Sec. 142.55  Training center evaluator requirements.
Sec. 142.57  Aircraft requirements.
Sec. 142.59  Flight simulators and flight training devices.

Subpart D--Operating Rules

Sec. 142.61  Applicability.
Sec. 142.63  Privileges.
Sec. 142.65  Limitations.

Subpart E--Recordkeeping

Sec. 142.71  Applicability.
Sec. 142.73  Recordkeeping requirements.

Subpart F--Other Approved Courses

Sec. 142.81  Conduct of other approved courses.
    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

Subpart A-- General


Sec. 142.1  Applicability.

    (a) This subpart prescribes the requirements governing the 
certification and operation of aviation training centers. Except as 
provided in paragraph (b) of this section, this part provides an 
alternative means to accomplish training required by parts 61, 63, 121, 
125, 127, 135, or 137 of this chapter.
    (b) Certification under this part is not required for training that 
is--
    (1) Approved under the provisions of parts 63, 121, 125, 127, 135, 
and 137;
    (2) Approved under SFAR 58, Advanced Qualification Programs, for 
the authorization holder's own employees;
    (3) Conducted under part 61 unless that part requires certification 
under this part;
    (4) Conducted by a part 121 certificate holder for another part 121 
certificate holder; or
    (5) Conducted by a part 135 certificate holder for another part 135 
certificate holder.
    (c) Except as provided in paragraph (b) of this section, after 
August 3, 1998, no person may conduct training, testing, or checking in 
advanced flight training devices or flight simulators without, or in 
violation of, the certificate and training specifications required by 
this part.


Sec. 142.3  Definitions.

    As used in this part:
    Advanced Flight Training Device as used in this part, means a 
flight training device as defined in part 61 of this chapter that has a 
cockpit that accurately replicates a specific make, model, and type 
aircraft cockpit, and handling characteristics that accurately model 
the aircraft handling characteristics.
    Core Curriculum means a set of courses approved by the 
Administrator, for use by a training center and its satellite training 
centers. The core curriculum consists of training which is required for 
certification. It does not include training for tasks and circumstances 
unique to a particular user.
    Course means--
    (1) A program of instruction to obtain pilot certification, 
qualification, authorization, or currency;
    (2) A program of instruction to meet a specified number of 
requirements of a program for pilot training, certification, 
qualification, authorization, or currency; or
    (3) A curriculum, or curriculum segment, as defined in SFAR 58 of 
part 121 of this chapter.

[[Page 34563]]

    Courseware means instructional material developed for each course 
or curriculum, including lesson plans, flight event descriptions, 
computer software programs, audiovisual programs, workbooks, and 
handouts.
    Evaluator means a person employed by a training center certificate 
holder who performs tests for certification, added ratings, 
authorizations, and proficiency checks that are authorized by the 
certificate holder's training specification, and who is authorized by 
the Administrator to administer such checks and tests.
    Flight training equipment means flight simulators, as defined in 
Sec. 61.1(a) of this chapter, flight training devices, as defined in 
Sec. 61.1(a) of this chapter, and aircraft.
    Instructor means a person employed by a training center and 
designated to provide instruction in accordance with subpart C of this 
part.
    Line-Operational Simulation means simulation conducted using 
operational-oriented flight scenarios that accurately replicate 
interaction among flightcrew members and between flightcrew members and 
dispatch facilities, other crewmembers, air traffic control, and ground 
operations. Line operational simulation simulations are conducted for 
training and evaluation purposes and include random, abnormal, and 
emergency occurrences. Line operational simulation specifically 
includes line-oriented flight training, special purpose operational 
training, and line operational evaluation.
    Specialty Curriculum means a set of courses that is designed to 
satisfy a requirement of the Federal Aviation Regulations and that is 
approved by the Administrator for use by a particular training center 
or satellite training center. The specialty curriculum includes 
training requirements unique to one or more training center clients.
    Training center means an organization governed by the applicable 
requirements of this part that provides training, testing, and checking 
under contract or other arrangement to airmen subject to the 
requirements of this chapter.
    Training program consists of courses, courseware, facilities, 
flight training equipment, and personnel necessary to accomplish a 
specific training objective. It may include a core curriculum and a 
specialty curriculum.
    Training specifications means a document issued to a training 
center certificate holder by the Administrator that prescribes that 
center's training, checking, and testing authorizations and 
limitations, and specifies training program requirements.


Sec. 142.5  Certificate and training specifications required.

    (a) No person may operate a certificated training center without, 
or in violation of, a training center certificate and training 
specifications issued under this part.
    (b) An applicant will be issued a training center certificate and 
training specifications with appropriate limitations if the applicant 
shows that it has adequate facilities, equipment, personnel, and 
courseware required by Sec. 142.11 to conduct training approved under 
Sec. 142.37.


Sec. 142.7  Duration of a certificate.

    (a) Except as provided in paragraph (b) of this section, a training 
center certificate issued under this part is effective until the 
certificate is surrendered or until the Administrator suspends, 
revokes, or terminates it.
    (b) Unless sooner surrendered, suspended, or revoked, a certificate 
issued under this part for a training center located outside the United 
States expires at the end of the twelfth month after the month in which 
it is issued or renewed.
    (c) If the Administrator suspends, revokes, or terminates a 
training center certificate, the holder of that certificate shall 
return the certificate to the Administrator within 5 working days after 
being notified that the certificate is suspended, revoked, or 
terminated.


Sec. 142.9  Deviations or waivers.

    (a) The Administrator may issue deviations or waivers from any of 
the requirements of this part.
    (b) A training center applicant requesting a deviation or waiver 
under this section must provide the Administrator with information 
acceptable to the Administrator that shows--
    (1) Justification for the deviation or waiver; and
    (2) That the deviation or waiver will not adversely affect the 
quality of instruction or evaluation.


Sec. 142.11  Application for issuance or amendment.

    (a) An application for a training center certificate and training 
specifications shall--
    (1) Be made on a form and in a manner prescribed by the 
Administrator;
    (2) Be filed with the FAA Flight Standards District Office that has 
jurisdiction over the area in which the applicant's principal business 
office is located; and
    (3) Be made at least 120 calendar days before the beginning of any 
proposed training or 60 calendar days before effecting an amendment to 
any approved training, unless a shorter filing period is approved by 
the Administrator.
    (b) Each application for a training center certificate and training 
specification shall provide--
    (1) A statement showing that the minimum qualification requirements 
for each management position are met or exceeded;
    (2) A statement acknowledging that the applicant shall notify the 
Administrator within 10 working days of any change made in the 
assignment of persons in the required management positions;
    (3) The proposed training authorizations and training 
specifications requested by the applicant;
    (4) The proposed evaluation authorization;
    (5) A description of the flight training equipment that the 
applicant proposes to use;
    (6) A description of the applicant's training facilities, 
equipment, qualifications of personnel to be used, and proposed 
evaluation plans;
    (7) A training program curriculum, including syllabi, outlines, 
courseware, procedures, and documentation to support the items required 
in subpart B of this part, upon request by the Administrator;
    (8) A description of a recordkeeping system that will identify and 
document the details of training, qualification, and certification of 
students, instructors, and evaluators;
    (9) A description of quality control measures proposed; and
    (10) A method of demonstrating the applicant's qualification and 
ability to provide training for a certificate or rating in fewer than 
the minimum hours prescribed in part 61 of this chapter if the 
applicant proposes to do so.
    (c) The facilities and equipment described in paragraph (b)(6) of 
this section shall--
    (1) Be available for inspection and evaluation prior to approval; 
and
    (2) Be in place and operational at the location of the proposed 
training center prior to issuance of a certificate under this part.
    (d) An applicant who meets the requirements of this part and is 
approved by the Administrator is entitled to--
    (1) A training center certificate containing all business names 
included on the application under which the certificate holder may 
conduct operations and the address of each business office used by the 
certificate holder; and

[[Page 34564]]

    (2) Training specifications, issued by the Administrator to the 
certificate holder, containing--
    (i) The type of training authorized, including approved courses;
    (ii) The category, class, and type of aircraft that may be used for 
training, testing, and checking;
    (iii) For each flight simulator or flight training device, the 
make, model, and series of airplane or the set of airplanes being 
simulated and the qualification level assigned, or the make, model, and 
series of rotorcraft, or set of rotorcraft being simulated and the 
qualification level assigned;
    (iv) For each flight simulator and flight training device subject 
to qualification evaluation by the Administrator, the identification 
number assigned by the FAA;
    (v) The name and address of all satellite training centers, and the 
approved courses offered at each satellite training center;
    (vi) Authorized deviations or waivers from this part; and
    (vii) Any other items the Administrator may require or allow.
    (e) The Administrator may deny, suspend, revoke, or terminate a 
certificate under this part if the Administrator finds that the 
applicant or the certificate holder--
    (1) Held a training center certificate that was revoked, suspended, 
or terminated within the previous 5 years; or
    (2) Employs or proposes to employ a person who--
    (i) Was previously employed in a management or supervisory position 
by the holder of a training center certificate that was revoked, 
suspended, or terminated within the previous 5 years;
    (ii) Exercised control over any certificate holder whose 
certificate has been revoked, suspended, or terminated within the last 
5 years; and
    (iii) Contributed materially to the revocation, suspension, or 
termination of that certificate and who will be employed in a 
management or supervisory position, or who will be in control of or 
have a substantial ownership interest in the training center.
    (3) Has provided incomplete, inaccurate, fraudulent, or false 
information for a training center certificate;
    (4) Has violated any provision of Sec. 142.21; or
    (5) Should not be granted a certificate if the grant would not 
foster aviation safety.
    (f) At any time, the Administrator may amend a training center 
certificate--
    (1) On the Administrator's own initiative, under section 609 of the 
Federal Aviation Act of 1958 (49 U.S.C. 1429), as amended, and part 13 
of this chapter; or
    (2) Upon timely application by the certificate holder.
    (g) The certificate holder must file an application to amend a 
training center certificate at least 60 calendar days prior to the 
applicant's proposed effective amendment date unless a different filing 
period is approved by the Administrator.


Sec. 142.13   Management and personnel requirements.

    An applicant for a training center certificate must show that--
    (a) For each proposed curriculum, the training center has, and 
shall maintain, a sufficient number of instructors who are qualified in 
accordance with subpart C of this part to perform the duties to which 
they are assigned;
    (b) The training center has designated, and shall maintain, a 
sufficient number of approved evaluators to provide required checks and 
tests to graduation candidates within 7 calendar days of training 
completion for any curriculum leading to airman certificates or 
ratings, or both;
    (c) The training center has, and shall maintain, a sufficient 
number of management personnel who are qualified and competent to 
perform required duties; and
    (d) A management representative, and all personnel who are 
designated by the training center to conduct direct student training, 
are able to understand, read, write, and fluently speak the English 
language.


Sec. 142.15   Facilities.

    (a) An applicant for, or holder of, a training center certificate 
shall ensure that--
    (1) Each room, training booth, or other space used for 
instructional purposes is heated, lighted, and ventilated to conform to 
local building, sanitation, and health codes; and
    (2) The facilities used for instruction are not routinely subject 
to significant distractions caused by flight operations and maintenance 
operations at the airport.
    (b) An applicant for, or holder of, a training center certificate 
shall establish and maintain a principal business office that is 
physically located at the address shown on its training center 
certificate.
    (c) The records required to be maintained by this part must be 
located in facilities adequate for that purpose.
    (d) An applicant for, or holder of, a training center certificate 
must have available exclusively, for adequate periods of time and at a 
location approved by the Administrator, adequate flight training 
equipment and courseware, including at least one flight simulator or 
advanced flight training device.
    (e) A training center certificate may be issued to an applicant 
having a business office or training center located outside the United 
States.


Sec. 142.17   Satellite training centers.

    (a) The holder of a training center certificate may conduct 
training in accordance with an approved training program at a satellite 
training center located in the United States if--
    (1) The facilities, equipment, personnel, and course content of the 
satellite training center meet the applicable requirements of this 
part;
    (2) The instructors and evaluators at the satellite training center 
are under the direct supervision of management personnel of the 
principal training center;
    (3) The Administrator is notified in writing that a particular 
satellite is to begin operations at least 60 days prior to proposed 
commencement of operations at the satellite training center; and
    (4) The certificate holder's training specifications reflect the 
name and address of the satellite training center and the approved 
courses offered at the satellite training center.
    (b) The certificate holder's training specifications shall 
prescribe the operations required and authorized at each satellite 
training center.


Sec. 142.19   Foreign training centers: Special rules.

    (a) In the discretion of the Administrator, a training center 
located outside the United States may be certificated by the 
Administrator pursuant to this part.
    (b) A training center located outside the United States may prepare 
and recommend U.S. applicants for airman certificates and may prepare 
and recommend applicants for authorizations, endorsements, and added 
ratings to FAA-issued certificates, and may issue such certificates, 
authorizations, endorsements, and added ratings to the extent 
authorized and approved by the Administrator.
    (c) In addition to the authority provided under paragraph (b) of 
this section, a training center located outside the United States, when 
authorized by the Administrator, may provide any training, testing, or 
checking that is required to satisfy a requirement of 14 CFR chapter I.

[[Page 34565]]

Sec. 142.21-142.25   [Reserved]


Sec. 142.27   Display of certificate.

    (a) Each holder of a training center certificate must prominently 
display that certificate in a place accessible to the public in the 
principal business office of the training center.
    (b) A training center certificate and training specifications must 
be made available for inspection upon request by--
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board; or
    (3) Any Federal, State, or local law enforcement agency.


Sec. 142.29   Inspections.

    Each certificate holder must allow the Administrator to inspect 
training center facilities, equipment, and records at any reasonable 
time and in any reasonable place in order to determine compliance with 
or to determine initial or continuing eligibility under 49 U.S.C. 
44701, 44707, formerly the Federal Aviation Act of 1958, as amended, 
and the training center's certificate and training specifications.


Sec. 142.31   Advertising limitations.

    (a) A certificate holder may not conduct, and may not advertise to 
conduct, any training, testing, and checking that is not approved by 
the Administrator if that training is designed to satisfy any 
requirement of this chapter.
    (b) A certificate holder whose certificate has been surrendered, 
suspended, revoked, or terminated must--
    (1) Promptly remove all indications, including signs, wherever 
located, that the training center was certificated by the 
Administrator; and
    (2) Promptly notify all advertising agents, or advertising media, 
or both, employed by the certificate holder to cease all advertising 
indicating that the training center is certificated by the 
Administrator.


Sec. 142.33   Training agreements.

    A pilot school certificated under part 141 of this chapter may 
provide training, testing, and checking for a training center 
certificated under this part if--
    (a) There is a training, testing, and checking agreement between 
the certificated training center and the pilot school;
    (b) The training, testing, and checking provided by the 
certificated pilot school is approved and conducted in accordance with 
this part;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes 
the portion of the training, testing, and checking to be conducted 
under part 141; and
    (d) Upon completion of training, testing, and checking conducted 
under part 141, a copy of each student's training record is forwarded 
to the part 142 training center and becomes part of the student's 
permanent training record.

Subpart B--Aircrew Curriculum and Syllabus Requirements


Sec. 142.35  Applicability.

    This subpart prescribes the curriculum and syllabus requirements 
for the issuance of a training center certificate and training 
specifications for training, testing, and checking conducted to meet 
the requirements of part 61 of this chapter.


Sec. 142.37  Approval of flight aircrew training program.

    (a) Except as provided in paragraph (b) of this section, each 
applicant for, or holder of, a training center certificate must apply 
to the Administrator for training program approval.
    (b) A curriculum approved under SFAR 58 of part 121 of this chapter 
is approved under this part without modifications.
    (c) Application for training program approval shall be made in a 
form and in a manner acceptable to the Administrator.
    (d) Each application for training program approval must indicate--
    (1) Which courses are part of the core curriculum and which courses 
are part of the specialty curriculum;
    (2) Which requirements of part 61 of this chapter would be 
satisfied by the curriculum or curriculums; and
    (3) Which requirements of part 61 of this chapter would not be 
satisfied by the curriculum or curriculums.
    (e) If, after a certificate holder begins operations under an 
approved training program, the Administrator finds that the certificate 
holder is not meeting the provisions of its approved training program, 
the Administrator may require the certificate holder to make revisions 
to that training program.
    (f) If the Administrator requires a certificate holder to make 
revisions to an approved training program and the certificate holder 
does not make those required revisions, within 30 calendar days, the 
Administrator may suspend, revoke, or terminate the training center 
certificate under the provisions of Sec. 142.11(e).


Sec. 142.39  Training program curriculum requirements.

    Each training program curriculum submitted to the Administrator for 
approval must meet the applicable requirements of this part and must 
contain--
    (a) A syllabus for each proposed curriculum;
    (b) Minimum aircraft and flight training equipment requirements for 
each proposed curriculum;
    (c) Minimum instructor and evaluator qualifications for each 
proposed curriculum;
    (d) A curriculum for initial training and continuing training of 
each instructor or evaluator employed to instruct in a proposed 
curriculum; and
    (e) For each curriculum that provides for the issuance of a 
certificate or rating in fewer than the minimum hours prescribed by 
part 61 of this chapter--
    (1) A means of demonstrating the ability to accomplish such 
training in the reduced number of hours; and
    (2) A means of tracking student performance.

Subpart C--Personnel and Flight Training Equipment Requirements


Sec. 142.45  Applicability.

    This subpart prescribes the personnel and flight training equipment 
requirements for a certificate holder that is training to meet the 
requirements of part 61 of this chapter.


Sec. 142.47  Training center instructor eligibility requirements.

    (a) A certificate holder may not employ a person as an instructor 
in a flight training course that is subject to approval by the 
Administrator unless that person--
    (1) Is at least 18 years of age;
    (2) Is able to read, write, and speak and understand in the English 
language;
    (3) If instructing in an aircraft in flight, is qualified in 
accordance with subpart G of part 61 of this chapter;
    (4) Satisfies the requirements of paragraph (c) of this section; 
and
    (5) Meets at least one of the following requirements--
    (i) Except as allowed by paragraph (a)(5)(ii) of this section, 
meets the aeronautical experience requirements of Sec. 61.129 or 
Sec. 61.131 of this chapter, as applicable, excluding the required 
hours of instruction in preparation for the commercial pilot practical 
test;
    (ii) If instructing in a flight simulator or flight training device 
that represents an airplane requiring a type rating or if instructing 
in a curriculum leading to the issuance of an airline transport pilot 
certificate or an added rating to an

[[Page 34566]]

airline transport pilot certificate, meets the aeronautical experience 
requirements of Sec. 61.155 or Sec. 61.161 of this chapter, as 
applicable; or
    (iii) Is employed as a flight simulator instructor or a flight 
training device instructor for a training center providing instruction 
and testing to meet the requirements of part 61 of this chapter on 
August 1, 1996.
    (b) A training center must designate each instructor in writing to 
instruct in each approved course, prior to that person functioning as 
an instructor in that course.
    (c) Prior to initial designation, each instructor shall:
    (1) Complete at least 8 hours of ground training on the following 
subject matter:
    (i) Instruction methods and techniques.
    (ii) Training policies and procedures.
    (iii) The fundamental principles of the learning process.
    (iv) Instructor duties, privileges, responsibilities, and 
limitations.
    (v) Proper operation of simulation controls and systems.
    (vi) Proper operation of environmental control and warning or 
caution panels.
    (vii) Limitations of simulation.
    (viii) Minimum equipment requirements for each curriculum.
    (ix) Revisions to the training courses.
    (x) Cockpit resource management and crew coordination.
    (2) Satisfactorily complete a written test--
    (i) On the subjects specified in paragraph (c)(1) of this section; 
and
    (ii) That is accepted by the Administrator as being of equivalent 
difficulty, complexity, and scope as the tests provided by the 
Administrator for the flight instructor airplane and instrument flight 
instructor knowledge tests.


Sec. 142.49  Training center instructor and evaluator privileges and 
limitations.

    (a) A certificate holder may allow an instructor to provide:
    (1) Instruction for each curriculum for which that instructor is 
qualified.
    (2) Testing and checking for which that instructor is qualified.
    (3) Instruction, testing, and checking intended to satisfy the 
requirements of any part of this chapter.
    (b) A training center whose instructor or evaluator is designated 
in accordance with the requirements of this subpart to conduct 
training, testing, or checking in qualified and approved flight 
training equipment, may allow its instructor or evaluator to give 
endorsements required by part 61 of this chapter if that instructor or 
evaluator is authorized by the Administrator to instruct or evaluate in 
a part 142 curriculum that requires such endorsements.
    (c) A training center may not allow an instructor to--
    (1) Excluding briefings and debriefings, conduct more than 8 hours 
of instruction in any 24-consecutive-hour period;
    (2) Provide flight training equipment instruction unless that 
instructor meets the requirements of Sec. 142.53 (a)(1) through (a)(4), 
and Sec. 142.53(b), as applicable; or
    (3) Provide flight instruction in an aircraft unless that 
instructor--
    (i) Meets the requirements of Sec. 142.53(a)(1), (a)(2), and 
(a)(5);
    (ii) Is qualified and authorized in accordance with subpart G of 
part 61 of this chapter;
    (iii) Holds certificates and ratings specified by part 61 of this 
chapter appropriate to the category, class, and type aircraft in which 
instructing;
    (iv) If instructing or evaluating in an aircraft in flight while 
occupying a required crewmember seat, holds at least a valid second 
class medical certificate; and
    (v) Meets the recency of experience requirements of part 61 of this 
chapter.


Sec. 142.51  [Reserved]


Sec. 142.53  Training center instructor training and testing 
requirements.

    (a) Except as provided in paragraph (c) of this section, prior to 
designation and every 12 calendar months beginning the first day of the 
month following an instructor's initial designation, a certificate 
holder must ensure that each of its instructors meets the following 
requirements:
    (1) Each instructor must satisfactorily demonstrate to an 
authorized evaluator knowledge of, and proficiency in, instructing in a 
representative segment of each curriculum for which that instructor is 
designated to instruct under this part.
    (2) Each instructor must satisfactorily complete an approved course 
of ground instruction in at least--
    (i) The fundamental principles of the learning process;
    (ii) Elements of effective teaching, instruction methods, and 
techniques;
    (iii) Instructor duties, privileges, responsibilities, and 
limitations;
    (iv) Training policies and procedures;
    (v) Cockpit resource management and crew coordination; and
    (vi) Evaluation.
    (3) Each instructor who instructs in a qualified and approved 
flight simulator or flight training device must satisfactorily complete 
an approved course of training in the operation of the flight 
simulator, and an approved course of ground instruction, applicable to 
the training courses the instructor is designated to instruct.
    (4) The flight simulator training course required by paragraph 
(a)(3) of this section which must include--
    (i) Proper operation of flight simulator and flight training device 
controls and systems;
    (ii) Proper operation of environmental and fault panels;
    (iii) Limitations of simulation; and
    (iv) Minimum equipment requirements for each curriculum.
    (5) Each flight instructor who provides training in an aircraft 
must satisfactorily complete an approved course of ground instruction 
and flight training in an aircraft, flight simulator, or flight 
training device.
    (6) The approved course of ground instruction and flight training 
required by paragraph (a)(5) of this section which must include 
instruction in--
    (i) Performance and analysis of flight training procedures and 
maneuvers applicable to the training courses that the instructor is 
designated to instruct;
    (ii) Technical subjects covering aircraft subsystems and operating 
rules applicable to the training courses that the instructor is 
designated to instruct;
    (iii) Emergency operations;
    (iv) Emergency situations likely to develop during training; and
    (v) Appropriate safety measures.
    (7) Each instructor who instructs in qualified and approved flight 
training equipment must pass a written test and annual proficiency 
check--
    (i) In the flight training equipment in which the instructor will 
be instructing; and
    (ii) On the subject matter and maneuvers which the instructor will 
be instructing.
    (b) In addition to the requirements of paragraphs (a)(1) through 
(a)(7) of this section, each certificate holder must ensure that each 
instructor who instructs in a flight simulator that the Administrator 
has approved for all training and all testing for the airline transport 
pilot certification test, aircraft type rating test, or both, has met 
at least one of the following three requirements:
    (1) Each instructor must have performed 2 hours in flight, 
including three takeoffs and three landings as the sole manipulator of 
the controls of an aircraft of the same category and class, and, if a 
type rating is required, of the same type replicated by the approved 
flight simulator in which that instructor is designated to instruct;
    (2) Each instructor must have participated in an approved line-

[[Page 34567]]

observation program under part 121 or part 135 of this chapter, and 
that--
    (i) Was accomplished in the same airplane type as the airplane 
represented by the flight simulator in which that instructor is 
designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct; or
    (3) Each instructor must have participated in an approved in-flight 
observation training course that--
    (i) Consisted of at least 2 hours of flight time in an airplane of 
the same type as the airplane replicated by the flight simulator in 
which the instructor is designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct.
    (c) An instructor who satisfactorily completes a curriculum 
required by paragraph (a) or (b) of this section in the calendar month 
before or after the month in which it is due is considered to have 
taken it in the month in which it was due for the purpose of computing 
when the next training is due.
    (d) The Administrator may give credit for the requirements of 
paragraph (a) or (b) of this section to an instructor who has 
satisfactorily completed an instructor training course for a part 121 
or part 135 certificate holder if the Administrator finds such a course 
equivalent to the requirements of paragraph (a) or (b) of this section.


Sec. 142.55  Training center evaluator requirements.

    (a) Except as provided by paragraph (d) of this section, a training 
center must ensure that each person authorized as an evaluator--
    (1) Is approved by the Administrator;
    (2) Is in compliance with Secs. 142.47, 142.49, and 142.53 and 
applicable sections of part 187 of this chapter; and
    (3) Prior to designation, and except as provided in paragraph (b) 
of this section, every 12-calendar-month period following initial 
designation, the certificate holder must ensure that the evaluator 
satisfactorily completes a curriculum that includes the following:
    (i) Evaluator duties, functions, and responsibilities;
    (ii) Methods, procedures, and techniques for conducting required 
tests and checks;
    (iii) Evaluation of pilot performance; and
    (iv) Management of unsatisfactory tests and subsequent corrective 
action; and
    (4) If evaluating in qualified and approved flight training 
equipment must satisfactorily pass a written test and annual 
proficiency check in a flight simulator or aircraft in which the 
evaluator will be evaluating.
    (b) An evaluator who satisfactorily completes a curriculum required 
by paragraph (a) of this section in the calendar month before or the 
calendar month after the month in which it is due is considered to have 
taken it in the month is which it was due for the purpose of computing 
when the next training is due.
    (c) The Administrator may give credit for the requirements of 
paragraph (a)(3) of this section to an evaluator who has satisfactorily 
completed an evaluator training course for a part 121 or part 135 
certificate holder if the Administrator finds such a course equivalent 
to the requirements of paragraph (a)(3) of this section.
    (d) An evaluator who is qualified under SFAR 58 shall be authorized 
to conduct evaluations under the Advanced Qualification Program without 
complying with the requirements of this section.


Sec. 142.57  Aircraft requirements.

    (a) An applicant for, or holder of, a training center certificate 
must ensure that each aircraft used for flight instruction and solo 
flights meets the following requirements:
    (1) Except for flight instruction and solo flights in a curriculum 
for agricultural aircraft operations, external load operations, and 
similar aerial work operations, the aircraft must have an FAA standard 
airworthiness certificate or a foreign equivalent of an FAA standard 
airworthiness certificate, acceptable to the Administrator.
    (2) The aircraft must be maintained and inspected in accordance 
with--
    (i) The requirements of part 91, subpart E, of this chapter; and
    (ii) An approved program for maintenance and inspection.
    (3) The aircraft must be equipped as provided in the training 
specifications for the approved course for which it is used.
    (b) Except as provided in paragraph (c) of this section, an 
applicant for, or holder of, a training center certificate must ensure 
that each aircraft used for flight instruction is at least a two-place 
aircraft with engine power controls and flight controls that are easily 
reached and that operate in a conventional manner from both pilot 
stations.
    (c) Airplanes with controls such as nose-wheel steering, switches, 
fuel selectors, and engine air flow controls that are not easily 
reached and operated in a conventional manner by both pilots may be 
used for flight instruction if the certificate holder determines that 
the flight instruction can be conducted in a safe manner considering 
the location of controls and their nonconventional operation, or both.


Sec. 142.59  Flight simulators and flight training devices.

    (a) An applicant for, or holder of, a training center certificate 
must show that each flight simulator and flight training device used 
for training, testing, and checking (except AQP) will be or is 
specifically qualified and approved by the Administrator for--
    (1) Each maneuver and procedure for the make, model, and series of 
aircraft, set of aircraft, or aircraft type simulated, as applicable; 
and
    (2) Each curriculum or training course in which the flight 
simulator or flight training device is used, if that curriculum or 
course is used to satisfy any requirement of 14 CFR chapter I.
    (b) The approval required by paragraph (a)(2) of this section must 
include--
    (1) The set of aircraft, or type aircraft;
    (2) If applicable, the particular variation within type, for which 
the training, testing, or checking is being conducted; and
    (3) The particular maneuver, procedure, or crewmember function to 
be performed.
    (c) Each qualified and approved flight simulator or flight training 
device used by a training center must--
    (1) Be maintained to ensure the reliability of the performances, 
functions, and all other characteristics that were required for 
qualification;
    (2) Be modified to conform with any modification to the aircraft 
being simulated if the modification results in changes to performance, 
function, or other characteristics required for qualification;
    (3) Be given a functional preflight check each day before being 
used; and
    (4) Have a discrepancy log in which the instructor or evaluator, at 
the end of each training session, enters each discrepancy.
    (d) Unless otherwise authorized by the Administrator, each 
component on a qualified and approved flight simulator or flight 
training device used by a training center must be operative if the 
component is essential to, or involved in, the training, testing, or 
checking of airmen.

[[Page 34568]]

    (e) Training centers shall not be restricted to specific--
    (1) Route segments during line-oriented flight training scenarios; 
and
    (2) Visual data bases replicating a specific customer's bases of 
operation.
    (f) Training centers may request evaluation, qualification, and 
continuing evaluation for qualification of flight simulators and flight 
training devices without--
    (1) Holding an air carrier certificate; or
    (2) Having a specific relationship to an air carrier certificate 
holder.

Subpart D--Operating Rules


Sec. 142.61  Applicability.

    This subpart prescribes the operating rules applicable to a 
training center certificated under this part and operating a course or 
training program curriculum approved in accordance with subpart B of 
this part.


Sec. 142.63  Privileges.

    A certificate holder may allow flight simulator instructors and 
evaluators to meet recency of experience requirements through the use 
of a qualified and approved flight simulator or qualified and approved 
flight training device if that flight simulator or flight training 
device is--
    (a) Used in a course approved in accordance with subpart B of this 
part; or
    (b) Approved under the Advanced Qualification Program for meeting 
recency of experience requirements.


Sec. 142.65  Limitations.

    (a) A certificate holder shall--
    (1) Ensure that a flight simulator or flight training device 
freeze, slow motion, or repositioning feature is not used during 
testing or checking; and
    (2) Ensure that a repositioning feature is used during line 
operational simulation for evaluation and line-oriented flight training 
only to advance along a flight route to the point where the descent and 
approach phase of the flight begins.
    (b) When flight testing, flight checking, or line operational 
simulation is being conducted, the certificate holder must ensure that 
one of the following occupies each crewmember position:
    (1) A crewmember qualified in the aircraft category, class, and 
type, if a type rating is required, provided that no flight instructor 
who is giving instruction may occupy a crewmember position.
    (2) A student, provided that no student may be used in a crewmember 
position with any other student not in the same specific course.
    (c) The holder of a training center certificate may not recommend a 
trainee for a certificate or rating, unless the trainee--
    (1) Has satisfactorily completed the training specified in the 
course approved under Sec. 142.37; and
    (2) Has passed the final tests required by Sec. 142.37.
    (d) The holder of a training center certificate may not graduate a 
student from a course unless the student has satisfactorily completed 
the curriculum requirements of that course.

Subpart E--Recordkeeping


Sec. 142.71  Applicability.

    This subpart prescribes the training center recordkeeping 
requirements for trainees enrolled in a course, and instructors and 
evaluators designated to instruct a course, approved in accordance with 
subpart B of this part.


Sec. 142.73  Recordkeeping requirements.

    (a) A certificate holder must maintain a record for each trainee 
that contains--
    (1) The name of the trainee;
    (2) A copy of the trainee's pilot certificate, if any, and medical 
certificate;
    (3) The name of the course and the make and model of flight 
training equipment used;
    (4) The trainee's prerequisite experience and course time 
completed;
    (5) The trainee's performance on each lesson and the name of the 
instructor providing instruction;
    (6) The date and result of each end-of-course practical test and 
the name of the evaluator conducting the test; and
    (7) The number of hours of additional training that was 
accomplished after any unsatisfactory practical test.
    (b) A certificate holder shall maintain a record for each 
instructor or evaluator designated to instruct a course approved in 
accordance with subpart B of this part that indicates that the 
instructor or evaluator has complied with the requirements of 
Secs. 142.13, 142.45, 142.47, 142.49, and 142.53, as applicable.
    (c) The certificate holder shall--
    (1) Maintain the records required by paragraphs (a) of this section 
for at least 1 year following the completion of training, testing or 
checking;
    (2) Maintain the qualification records required by paragraph (b) of 
this section while the instructor or evaluator is in the employ of the 
certificate holder and for 1 year thereafter; and
    (3) Maintain the recurrent demonstration of proficiency records 
required by paragraph (b) of this section for at least 1 year.
    (d) The certificate holder must provide the records required by 
this section to the Administrator, upon request and at a reasonable 
time, and shall keep the records required by--
    (1) Paragraph (a) of this section at the training center, or 
satellite training center where the training, testing, or checking, if 
appropriate, occurred; and
    (2) Paragraph (b) of this section at the training center or 
satellite training center where the instructor or evaluator is 
primarily employed.
    (e) The certificate holder shall provide to a trainee, upon request 
and at a reasonable time, a copy of his or her training records.

Subpart F--Other Approved Courses


Sec. 142.81  Conduct of other approved courses.

    (a) An applicant for, or holder of, a training center certificate 
may apply for approval to conduct a course for which a curriculum is 
not prescribed by this part.
    (b) The course for which application is made under paragraph (a) of 
this section may be for flight crewmembers other than pilots, airmen 
other than flight crewmembers, material handlers, ground servicing 
personnel, and security personnel, and others approved by the 
Administrator.
    (c) An applicant for course approval under this subpart must comply 
with the applicable requirements of subpart A through subpart F of this 
part.
    (d) The Administrator approves the course for which the application 
is made if the training center or training center applicant shows that 
the course contains a curriculum that will achieve a level of 
competency equal to, or greater than, that required by the appropriate 
part of this chapter.

    Issued in Washington, DC, on May 23, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-16432 Filed 7-1-96; 8:45 am]
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