[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16220-16367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7450]
[[Page 16219]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 1, 61, 141, and 143
_______________________________________________________________________
Pilot, Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; Final Rule
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules
and Regulations
[[Page 16220]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 61, 141, and 143
[Docket No. 25910; Amendment Nos. 1-47, 61-102, 141-8, 143-6]
RIN 2120-AE71
Pilot, Flight Instructor, Ground Instructor, and Pilot School
Certification Rules
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This rule revises the Federal Aviation Regulations (FAR) that
prescribe the certification, training, and experience requirements for
pilots, flight instructors, and ground instructors, and the
certification requirements for pilot schools approved by the Federal
Aviation Administration (FAA). This rule updates these requirements to
enhance the ability of pilots to meet the evolving demands of the
National Airspace System (NAS) and operate safely and effectively in
this environment.
DATES: This rule is effective August 4, 1997. Comments must be
submitted on or before June 3, 1997.
ADDRESSES: Comments on the proposals may be delivered or mailed in
triplicate to: Federal Aviation Administration, Office of the Chief
Counsel, Attention: Rules Docket (AGC-10), Docket No. 25910, 800
Independence Avenue, SW., Washington, DC 20591. All comments must be
marked ``Docket No. 25910.'' Comments may be examined in the Rules
Docket, Room 915G, weekdays between 8:30 a.m. and 5 p.m., except on
Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards
Service, FAA, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3844.
SUPPLEMENTARY INFORMATION:
Comments Invited
This final rule contains amendments that were not proposed in
Notice of Proposed Rulemaking (NPRM) No. 95-11 which was published in
the Federal Register on August 11, 1995 (60 FR 41160). The amendments
extend the applicability of the ``Age 60 Rule'' (14 CFR 121.383(c) for
operational requirements, and Sec. 61.77 for certification
requirements) to 10-30 seat aircraft, for holders of U.S. pilot
certificates and holders of special purpose pilot authorizations. In
addition, these amendments extend the compliance date for these pilots
to meet these provisions. These amendments are discussed fully in the
preamble of 14 CFR 61.3 and 61.77. Because these issues were set forth
in previous rulemaking actions and interested persons commented on
these issues, these amendments are being adopted without prior notice
and prior public comment. However, the Regulatory Policies and
Procedures of the Department of Transportation (DOT) (44 FR 1134;
February 26, 1979) provide that, to the maximum extent possible,
operating administrations for the DOT should provide an opportunity for
public comment on regulations issued without prior notice.
Accordingly, interested persons are invited to participate in this
rulemaking by submitting such written data, views, or arguments as they
may desire regarding the FAA expanding the applicability of the ``Age
60 Rule'' in 14 CFR part 61 to include 10-30 seat aircraft. Comments
may be delivered or mailed, in triplicate, to the FAA, Office of the
Chief Counsel, Attn: Rules Docket (AGC-200), Docket No. 25910, 800
Independence Avenue SW., Room 915G, Washington, DC 20591. Comments
submitted to this rule must be marked: Docket No. 25910. Comments also
may be sent electronically to the following Internet address: 9-nprm-
[email protected]. Comments may be examined in Room 915G between 8:30
a.m. and 5:00 p.m. on weekdays, except Federal holidays.
All comments received, as well as a report summarizing each
substantive public contact with FAA personnel on this rulemaking, will
be filed in the public docket. The docket is available for public
inspection before and after the comment closing date. This amendment
may be changed in light of the comments received on this final rule.
Commenters who want the FAA to acknowledge receipt of comments
submitted on this rule must submit a preaddressed, stamped postcard
with those comments on which the following statement is made:
``Comments to Docket No. 25910.'' The postcard will be date-stamped by
the FAA and will be returned to the commenter.
Good Cause for Immediate Adoption
The FAA finds that notice and public comment on the above
amendments are unnecessary. As stated in the preamble to Notice No. 95-
11, the changes to the age 60 requirements in part 61 were intended to
be similar to the age 60 requirement in 14 CFR part 121. Since the
covered operations in part 121 have been changed, the operations in
part 61 that are subject to an age limitation have been similarly
changed. These are, in essence, technical amendments. The FAA does not
believe that these amendments will cause undue hardship.
For these reasons, notice and public comment procedures are
impracticable, unnecessary, and contrary to the public interest. As a
result, the FAA, for good cause, finds that ``notice and public
procedures thereon'' are unnecessary within the meaning of 5 U.S.C.
553(b)(B) of the Administrative Procedure Act. Individuals will have an
opportunity to submit comments concerning these amendments by June 3,
1997.
Availability of Final Rule
Any person may obtain a copy of this rule by submitting a request
to the FAA, Office of Rulemaking, Attention: ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680.
Requests should be identified by the amendment number or docket number.
Using a modem and suitable communications software, an electronic
copy of this document may be downloaded from the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
703-321-3339), the Federal Register's electronic bulletin board service
(telephone: 202-512-1661) or the FAA's Aviation Rulemaking Advisory
Committee Bulletin Board service (telephone: 202-267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov,
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
Outline of Final Rule
I. General Aviation Policy Statement
II. Background
III. Proposed Rule and General Description of Comments
IV. Discussion of Major Issues
A. The exercise of recreational pilot certificate privileges
1. Medical requirements for recreational pilots and holders of
higher pilot certificates exercising the privileges of a
recreational pilot certificate
2. Elimination of the 50-nautical mile limitation for
recreational pilots
B. Recent flight experience
1. Takeoffs and landings
2. Recent instrument experience
C. Lighter-than-air flight instructor certificate
D. New instrument ratings
1. Single-engine and multiengine ratings
2. Airship
[[Page 16221]]
3. Powered-lift
E. Requirements for instrument ratings
F. New aircraft category and class ratings
1. Powered-lift
2. Glider class ratings
G. English language requirements
H. Areas of operation
V. Section by Section Analysis
I. General Aviation Policy Statement
On September 8, 1993, the FAA Administrator issued a general
aviation policy statement in which he recognized that the general
aviation industry is a critically important part of the nation's
economy and the national transportation system. The Administrator
stated the following:
General aviation plays a crucial role in flight training for all
segments of aviation and provides unique personal and recreational
opportunities. It makes vital contributions to activities ranging
from business aviation, to agricultural operations, to warbird
preservation, to glider and balloon flights. Accordingly, it is the
policy of the FAA to foster and promote general aviation while
continuing to improve its safety record. These goals are neither
contradictory nor separable. They are best achieved by cooperating
with the aviation community to define mutual concerns and joint
efforts to accomplish objectives. We will strive to achieve the
goals through voluntary compliance and methods designed to reduce
the regulatory burden on general aviation.
The FAA's general aviation programs will focus on:
1. Safety--To protect recent gains and aim for a new threshold.
2. FAA Services--To provide the general aviation community with
responsive, customer-driven certification, air traffic, and other
services.
3. Product Innovation and Competitiveness--To ensure the
technological advancement of general aviation.
4. System Access and Capacity--To maximize general aviation's
ability to operate in the NAS.
5. Affordability--To promote economic and efficient general
aviation operations, expand participation, and stimulate industry
growth.
Accordingly, this rulemaking project is designed to meet these
general aviation goals and to provide economic relief from unnecessary,
burdensome regulations. Throughout this process, the FAA has been in a
partnership with the general aviation community in developing and
revising the rules in 14 CFR parts 61, 141, and 143 to ensure aviation
safety, and yet delete unnecessary, burdensome rules. The FAA is
committed to developing rules that are fair and reasonable, and yet
promote a high level of pilot training and qualification.
II. Background
This rule is based on the proposals contained in Notice of Proposed
Rulemaking (NPRM) No. 95-11, ``Pilot, Flight Instructor, Ground
Instructor, and Pilot School Certification Rules,'' which was published
in the Federal Register (60 FR 41160) on August 11, 1995.
Since September of 1987, the FAA has been conducting a regulatory
review of parts 61, 141, and 143. These regulations pertain to
certification and training requirements for pilots, flight instructors,
and ground instructors, and the certification and operation of pilot
schools that are approved by the FAA. This regulatory review was
initiated in response to advancements in aviation technology, training,
and changes in the NAS that have occurred since the last major
revisions to these regulations in the early 1970's. The FAA has
received numerous petitions for exemption and letters from the public
suggesting changes to the current regulations. At the time the NPRM was
issued, there had been 41 amendments and approximately 3,616 exemption
actions to parts 61 and 141. Recommendations and comments from the
National Transportation Safety Board (NTSB), the public, and the FAA
also have demonstrated the need for the regulatory review. A major goal
of the review has been to identify differences between the rules and
the level of training demanded of pilots in today's aviation
environment.
In support of this regulatory review, the FAA completed an
historical review of parts 61, 141, and 143 in January 1988. During
this review, the FAA received comments from pilot schools and college
and university aviation departments operating under parts 61 and 141.
Three major areas were identified during the review: issues of
immediate concern recommended by the NTSB and public comments; the
requirements for aircraft operations in today's environment; and the
requirements for pilots in the year 2010 and beyond. Accordingly, the
regulatory review was divided into three phases corresponding to these
needs. The final rule, based on Phase 1 of this review (56 FR 11308;
March 15, 1991), contained the following:
1. A requirement to obtain training and a flight instructor
endorsement to serve as pilot in command of a tailwheel airplane;
2. A requirement to obtain training and a flight instructor
endorsement to serve as pilot in command of a pressurized airplane
capable of high altitude flight above 25,000 mean sea level (MSL);
3. A requirement for an applicant to complete a training curricula
and receive a flight instructor endorsement prior to qualifying in an
airplane that requires a type rating;
4. A provision to permit pilots to complete a phase of an FAA-
sponsored pilot proficiency program (WINGS program) in lieu of a
biennial flight review (BFR);
5. A requirement for pilot applicants to receive ground training on
stall awareness, spin entry, spins, and spin recovery techniques;
6. A requirement for pilot applicants to receive flight training on
flight at slow airspeeds with realistic distractions and the
recognition of, and recovery from, stalls;
7. A requirement for flight instructor applicants to receive actual
spin training;
8. A requirement for flight instructor applicants to perform a spin
demonstration on retests when the reason for the previous failure was
due to deficiencies of knowledge or skill relating to stall awareness,
spin entry, spins, or spin recovery techniques;
9. A provision that FAA inspectors and designated pilot examiners
may accept an instructor endorsement in lieu of a spin demonstration on
a practical test for the flight instructor certificate;
10. A requirement in part 141 that a chief or assistant chief
flight instructor be available by telephone, radio, or other electronic
means only during the time that instruction is given for an approved
course of training;
11. A provision in part 141 to permit the initial designation of
assistant chief flight instructors who possess half the experience
requirements of chief flight instructors;
12. A provision to eliminate the 100-hour currency requirements in
part 141 for obtaining initial designation as a chief flight
instructor; and
13. A provision to eliminate the 25-mile distance restriction for
establishing satellite bases in part 141.
This final rule reflects the results of Phase 2 of the regulatory
review. Phase 2 addressed issues affecting parts 1, 61, 141, and 143.
Prior to publishing this rule, the FAA issued a notice of meeting (54
FR 22732; May 25, 1989) that announced four public meetings and
outlined the general topics to be considered for this final rule. The
four public meetings were held before the drafting of this rule and
were held in Washington, DC (September 12-13, 1989); Chicago, Illinois
(September 19-20, 1989); Los Angeles, California (October 3-4, 1989);
and Orlando, Florida (October 16-17, 1989).
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Phase 2 also involved a Pilot and Flight Instructor Job Task
Analysis (JTA), completed on March 31, 1989, which consolidated the
results of a study on areas of pilot knowledge, skills, abilities, and
attitudes required in today's aviation environment. The JTA provided
the framework for this phase of the regulatory review and information
for use in training programs and practical test standards. Most of the
JTA consisted of data, based on experts' opinions, used to quantify the
relative importance of knowledge, skills, abilities, and attitudes. The
JTA also included a panel that discussed current and future pilot
training needs and whose objective was to project pilot training needs
3 to 10 years into the future. The panel discussed changing technology,
airline pilot requirements, airspace, training, instructors, and
aviation economics. A copy of the JTA is available for examination in
Docket No. 25627.
On February 9 and 10, 1993, the FAA conducted information-gathering
meetings with a number of aviation organizations and schools on the
comments received in Docket No. 25627. These meetings concerned issues
raised during the earlier public meetings and the information received
during the JTA. The invitees were selected as a result of their
organizations' and schools' past involvement in this regulatory review.
The following organizations and schools attended these meetings:
General Aviation and Manufacturing Association (GAMA), National Air
Transport Association (NATA), Jeppesen-Sanderson, National Association
of Flight Instructors (NAFI), Balloon Federation of America (BFA),
Farrington Aircraft, Aircraft Owners and Pilots Association (AOPA),
AOPA Safety Foundation, Experimental Aircraft Association (EAA),
Helicopter Association International (HAI), Soaring Society of America
(SSA), Embry Riddle Aeronautical University (ERAU), Parks College of
St. Louis, and American Flyers. This rule incorporates many of the
concepts developed through the public meetings, the JTA, and the public
comments received in Docket Nos. 25627 and 25910. Additional amendments
to ensure that Title 14, Code of Federal Regulations, conforms with the
provisions of this final rule will be the subject of a rulemaking
action in the immediate future.
Experimental Aircraft Association (EAA) Petition
On January 3, 1994, the FAA published, without comment or
endorsement, a petition for rulemaking submitted by EAA (59 FR 31). In
their petition, the EAA requested the following:
1. Eliminating the requirement that a recreational pilot hold at
least a third-class medical certificate;
2. Requiring a recreational pilot to self-certify that he or she
has no known medical deficiency that would make him or her unable to
fly;
3. Eliminating the 50-nautical mile limitation for those
recreational pilots who obtain additional training;
4. Permitting a pilot with a higher certificate or rating who no
longer has a medical certificate, but who self-certifies that he or she
is physically fit to fly, to exercise the privileges of a recreational
pilot certificate, subject to the limitations of the recreational pilot
certificate; and
5. Eliminating the recreational pilot certificate limitations for
cross-country, night flight, and flight into airspace requiring
communication with air traffic control for those pilots with higher
certificates and ratings who no longer have medical certificates, but
who self-evaluate that they are physically fit to fly.
The comment period for the EAA petition closed on March 4, 1994.
Over 1,000 comments were received, and the majority of commenters
voiced overwhelming support for the petition. Some commenters,
including the Civil Aviation Medical Association (CAMA), opposed the
EAA petition. CAMA expressed concern with the impact on public health
and welfare of the elimination of medical standards for pilots who
exercise the privileges of a recreational pilot certificate. One
specific concern of those commenters who opposed the EAA petition was
the carrying of passengers by a pilot who does not hold a medical
certificate. The FAA has reviewed all comments received in response to
EAA's petition in developing this rulemaking action. The vast majority
of commenters responding to this petition were individual members of
the aviation community and many were members of the EAA.
In this final rule, the FAA is adopting one very significant change
requested by the EAA: elimination of the 50-nautical-mile limitation
for those recreational pilots who obtain additional training. For
reasons discussed in section IV,A of this preamble, the FAA has decided
not to adopt those other elements of the EAA proposal that were
proposed in Notice No. 95-11.
Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking
at Training Centers; Final Rule
On July 2, 1996, the FAA issued Amendment Nos. 1-45, 61-100, 91-
251, 121-259, 125-27, 135-63, 141-7, 142, and SFAR 58-2, ``Aircraft
Flight Simulator Use in Pilot Training, Testing, and Checking at
Training Centers; Final Rule'' (61 FR 34508-34568), subsequently
referred to as Amendment No. 61-100. Those provisions of Amendment No.
61-100 that revised part 61 and Amendment No. 141-7 that revised part
141 have been included in this rule. In addition, some of the
provisions of Amendment Nos. 61-100 and 141-7 have been modified to
conform with changes adopted in this final rule and to correct several
mistakes and omissions that were contained in Amendment Nos. 61-100 and
141-7.
Amendment No. 61-100 redesignated Secs. 61.2, 61.3, and 61.5 as
Secs. 61.3, 61.5, and 61.6, respectively. In addition, that amendment
added a new section, Sec. 61.2, Definition of terms. In this final
rule, Sec. 61.1 includes both the applicability provisions and the
definitions of terms currently found in Sec. 61.1 and Sec. 61.2.
Accordingly, Secs. 61.2, 61.3, 61.5, and the preamble discussion of
those sections in this final rule reflect the structure of part 61
prior to the adoption of Amendment No. 61-100 and the organization of
part 61 proposed in Notice No. 95-11.
III. The Proposed Rule and General Description of Comments
In Notice No. 95-11, the FAA proposed a major revision to the
training and certification requirements applicable to pilots, flight
instructors, ground instructors, and those pilot schools approved by
the FAA. The intent of the proposal was to make the regulations more
compatible with the current operating environment and the evolving
demands of the NAS. The proposals included measures to update training,
certification, and recency of experience requirements, and a number of
the proposals were intended to promote and encourage increased pilot
training activities.
The major proposals in the NPRM included: (1) Clarification and
standardization of terminology; (2) establishment of a new powered-lift
category for pilot certification; (3) separation of class ratings for
nonpowered and powered gliders; (4) a new flight instructor certificate
in the lighter-than-air category; (5) creation of separate instrument
ratings for single-engine and multiengine airplanes, airships, and
powered-lifts; (6) revisions
[[Page 16223]]
to the recency of experience requirements, particularly related to
recent takeoffs and landings, and instrument currency; (7) revisions to
the recreational pilot certification and authorization requirements,
including the elimination of the 50-mile limit on flights; (8) human
factors training requirements for all certificates and ratings; (9)
replacement of flight proficiency requirements for training and
certification with more general approved areas of operation; (10)
revision of the minimum training times for the aeronautical experience
requirements to permit training to a standard; (11) placement of ground
instructor requirements in part 61 rather than in part 143; (12)
requirement for ground instructor certificates to be based on aircraft
category; (13) establishment of a practical test for ground instructor
applicants; (14) revision of the certification and test courses in part
141 to accommodate all aircraft categories and new technology; (15)
establishment of a check instructor position for student and instructor
checks and tests at pilot schools operated under part 141; (16)
deletion of exceptions that permit pilots to be certificated without
meeting English language fluency requirements; (17) revision of medical
certificate requirements to permit applicants for all certificates and
ratings to hold a third-class medical certificate rather than the
medical certificate required to exercise the privileges of the
certificate; and (18) elimination of the requirement for recreational
pilots to hold any medical certificate.
In response to Notice No. 95-11, the FAA has received over 5,400
comments from the public. The majority of those responding were pilots.
Commenters also included associations representing air carriers,
general aviation, and universities, including the following
organizations: Aerospace Medical Association (AsMA), Aero Sports
Connection (ASC), Air Line Pilots Association (ALPA), Air Transport
Association of America (ATA), Aircraft Owners and Pilots Association
(AOPA), American Diabetes Association (ADA), Auxiliary-powered
Sailplane Association (ASA), Balloon Federation of America (BFA), Civil
Air Patrol (CAP), Civil Aviation Medical Association (CAMA), Deaf
Counseling Advocacy and Referral Agency (DCARA), Department of
Veterans/Veterans Benefits Administration (VA), Experimental Aircraft
Association (EAA), General Aviation Manufacturers Association (GAMA),
Helicopter Association International (HAI), International Deaf Pilots
Association (IDPA), National Air Transportation Association (NATA),
National Association of Flight Instructors (NAFI), National Business
Aircraft Association, Inc. (NBAA), National Fraternal Society of the
Deaf (NFSD), Paralyzed Veterans of America (PV), Seaplane Pilots
Association (SPA), the Soaring Society of America (SSA), and United
States Ultralight Association, Inc. (USUA). Comments also were received
from public officials, including the Governor of Nebraska and the Mayor
of Omaha.
Most respondents address specific issues rather than the NPRM
overall. However, of the approximately 5,400 comments on the NPRM,
about 130 express general support for the proposed rulemaking, and more
than 220 express general opposition to the NPRM. Many of the
commenters, particularly those who support the proposals to eliminate
the medical certification requirement for recreational pilots as well
as elimination of the 50-mile flight limitation on recreational pilots,
urge immediate completion of the recreational pilot provisions of the
rulemaking. Others state that the proposal would promote the growth of
aviation.
However, some commenters who express general opposition to Notice
No. 95-11 state that it is too voluminous and complex. One commenter
states that while he originally supported Notice No. 95-11 based on the
proposed liberalization of requirements related to recreational pilot
certification, a subsequent detailed reading of what he termed
``numerous new restrictions'' in the rest of Notice No. 95-11 changed
his mind. Other comments in opposition to Notice No. 95-11 state that
the proposal would create burdensome and onerous new regulations and
restrict the growth or threaten the continuation of certain aviation
activities. One commenter criticizes the proposal for ``granting the
FAA Administrator more power.'' Some commenters state that no safety
data has been presented in support of the new requirements. One of the
most controversial areas, for example, was the proposal to create a
flight instructor certificate for the lighter-than-air category.
About 40 commenters express mixed reaction, including proposing
their own variations on some of the FAA-proposed amendments. One
hundred and fourteen commenters suggest technical, grammatical, and
typographical corrections, which the FAA has considered in revising the
proposed rule language. Some commenters state that the structure of the
rule language is difficult to follow because of the numbering system
and length of some of the sections. The FAA also considered this issue
in drafting the final rule. Several commenters also object to the
length of the proposal, stating that it is difficult to properly digest
and respond to the large volume of material.
AOPA comments that Notice No. 95-11 is extremely complex and
unmanageable from a public comment perspective. From a review of the
comments submitted to the docket, AOPA concludes that the general
aviation community has not been made fully aware of the significant
impact of the proposals, and the association does not believe that it
is possible for the FAA to adequately respond to all of the public's
comments without reissuing another NPRM on part 61. According to AOPA,
the public's misconceptions are the result of the incomplete nature of
the NPRM's preamble. AOPA states that many of the changes were not
addressed in the preamble or were labeled as editorial and format
changes. The association contends that some of the editorial changes
will have the greatest impact on pilots. AOPA also states that attempts
to codify existing policy have often created significant restrictions
not currently found in the regulations and, in some instances, do not
reflect current FAA policy. AOPA believes that a more efficient
approach would be to address issues in smaller, more manageable
sections that would afford the public a better opportunity to provide
complete and meaningful comments. According to AOPA, the proposal
imposes burdensome new requirements on general aviation in excess of
any benefits it might provide. The association recommends that the FAA
identify which changes received widespread public support and separate
them for expeditious publication as a final rule.
EAA states that Notice No. 95-11 contains many additional rules
that increase the complexity and cost of learning to fly and
maintaining currency. EAA is particularly concerned that the proposal
will burden flight instructors. The association also comments that the
rules appear to be changed in an effort to make enforcement easier.
In its comment, GAMA strongly supports the FAA's efforts to review
parts 61 and 141. GAMA states that many of the proposals will maintain
or increase the margin of safety while benefiting students and the
training industry as a whole. The association recommends that, because
Notice No. 95-11 is extremely complex, the FAA expedite a final rule
incorporating the less complex and controversial issues,
[[Page 16224]]
such as the elimination of the third-class medical certificate
requirement for recreational pilots and the pilot training requirements
for operating newly certificated aircraft. GAMA feels that the more
complex or controversial issues should be addressed in a subsequent
final rulemaking.
NBAA believes that this proposal is a comprehensive measure to
modernize pilot, flight instructor, ground instructor, and pilot school
certification rules. The association adds that this proposal is a valid
effort to promote general aviation, improve safety, and reduce costs to
aviation consumers, and provide for large improvements in aviation
training.
NATA comments that, although it generally is pleased with Notice
No. 95-11, it strongly supports maintaining the distinct difference
between parts 61 and 141 schools. The association disagrees with the
elimination of some of these differences and believes the economic
viability of part 141 schools is dependent on maintaining this
distinction.
SSA states that the proposed changes answer many past comments and,
for the most part, benefit safety. However, SSA feels that certain
sections of Notice No. 95-11 do not comply with the FAA's goal of
reducing regulatory burdens, nor do they demonstrate the FAA's faith
that the soaring community will voluntarily improve its safety record.
According to SSA, some of the proposals will have a detrimental effect
on the cost of learning to fly sailplanes, without enhancing safety.
HAI states that its comments are based on a compilation of member
comments and consultations with other general aviation associations.
HAI chose not to comment on part 1, in the belief that the FAA will
reference changes to the affected rule and make appropriate changes to
definitions in part 1.
The public comments received on specific proposals and the FAA's
response to these comments are addressed in sections IV and V. Each
discussion includes a summary of the issue, a summary of the public
comments, the FAA response, and disposition of the issue for purposes
of the final rule. All comments were reviewed and considered during FAA
deliberations regarding the rule and are available for public
examination in Docket No. 25910.
IV. Discussion of Major Issues
A. The Exercise of Recreational Pilot Certificate Privileges
1. Medical Requirements for Recreational Pilots and Holders of Higher
Pilot Certificates Exercising the Privileges of a Recreational Pilot
Certificate
Summary of proposal/issue: In Notice No. 95-11, the FAA proposed to
allow the following persons to operate aircraft without a medical
certificate: pilots who hold recreational pilot certificates, student
pilots operating within the limitations of a recreational pilot
certificate, and those higher-rated pilots (private, commercial, and
airline transport pilot) who elect to exercise only recreational pilot
privileges. In lieu of the requirement to hold a medical certificate,
each pilot would be allowed to evaluate his or her own medical
condition and determine if he or she is fit to fly. This proposed
approach of relying on the judgment of an individual pilot regarding
his or her fitness represented a departure from past FAA policy for
powered aircraft. The FAA has required that pilots, except for glider
and balloon pilots, hold medical certificates to ensure the safety of
pilots, passengers, and people and property on the ground.
This proposed change to FAA policy set forth in Notice No. 95-11
was made after consideration of a petition for rulemaking from the
Experimental Aircraft Association (EAA), and comments received in
response to that petition. The EAA petitioned the FAA to eliminate
medical requirements for pilots exercising the privileges of a
recreational pilot certificate (59 FR 31; January 5, 1994).
General Comments: In Notice No. 95-11, the FAA asked a number of
questions that were designed to elicit comment on whether self-
evaluation should be permitted for the pilots discussed. With respect
to the general concept of self-evaluation, the majority of individual
commenters voice support for eliminating the medical requirement for
recreational pilots and holders of a higher pilot certificate
exercising the privileges of a recreational pilot certificate.
Supporting this proposal are the Aircraft Owners and Pilots Association
(AOPA), Experimental Aircraft Association (EAA), American Diabetes
Association (ADA), Aero Sports Connection (ASC), General Aviation
Manufacturers Association (GAMA), National Association of Flight
Instructors (NAFI), and Soaring Society of America (SSA).
AOPA states that it supports this departure from previous FAA
policy as being ``beneficial to the economic well-being of general
aviation by providing a potential stimulus for new flight activity and
training'' and ``that removing the requirement for the medical
certificate from the regulations will not have a significant impact on
general aviation safety.''
Individual commenters who favor the proposal state that medical
self-evaluation would eliminate the paperwork and expense of medical
examinations. Commenters argue that overall there is a small number of
aviation accidents related to medical causes. Many of these commenters
cite the accident experience of balloon and glider pilot operations and
note that no medical certification is required for these operations.
The commenters who oppose allowing pilots to exercise the
privileges of a recreational pilot without a medical certificate cite
general safety concerns as the basis for their disapproval.
Specifically, opposing the proposal are the Aerospace Medical
Association (ASMA), Air Line Pilots Association (ALPA), Civil Aviation
Medical Association (CAMA), and Helicopter Association International
(HAI).
The medical associations raised various concerns. CAMA indicates
that there are a number of medical problems that cannot be recognized
by an individual who evaluates himself or herself and that are
incompatible with safe flight. CAMA also states that ``[s]ome
individuals can be expected to deny to themselves the seriousness of
their medical problems.'' CAMA believes medically related accidents
inevitably would follow the adoption of this proposal, but they also
acknowledge that medically caused accidents are rare. CAMA also states
its concern that the proposal is not in the long term interests of any
pilot because ``[m]inor problems will be detected on the FAA medical
examination and managed before they become major problems. For example,
early hypertension will be apparent and can be treated promptly.''
ASMA argues that although all pilots exercise a degree of self-
evaluation before every flight, ``the experience of practicing aviation
medical examiners is that private or recreational pilots are most often
the ones who proceed to fly with existing medical problems.''
HAI states its opposition to the proposal arguing that ``[t]he
medical is a necessary evil in aviation'' and that ``if you want to
fly, get a medical.'' Several individual commenters also disagree with
the proposal. One commenter
[[Page 16225]]
expresses disagreement with the proposal indicating that self-
evaluation would allow pilots to lie about their health and endanger
their passengers and people in the areas they overfly. Another
commenter states that he prefers the current third-class medical
certificate requirements and does not see how the FAA will be able to
enforce the proposed self-evaluation without any standard in the rule.
This same commenter states that the balloon and glider accident records
cited by supporters of the proposal are not indicative of the larger
group of general aviation pilots.
Comments to Specific Questions
Safety Data. In Notice No. 95-11, the FAA asked a number of
questions regarding medical self-evaluation. The FAA requested data on
any safety or other public interest concerns that may arise from the
recreational pilot self-evaluation proposal. No such data were
submitted.
Need for Medical Standards. A majority of commenters (including
AOPA and EAA) state that they generally oppose the FAA having specific
medical standards for self-evaluation arguing that a list of
disqualifying conditions would be tantamount to creation of a new kind
of medical certificate. EAA states that ``specific standards are
inappropriate (in fact, contradictory) for self-certification'' and
that they ``are not necessary for safety and therefore would only
institute additional unnecessary regulation.'' AOPA states that ``[it]
is deeply opposed to any regulated restrictions on medical self-
certification for recreational pilots'' arguing that ``[d]oing so, will
only create what is in effect, yet another class of medical
certificate, defeating any benefits that could be derived from this
proposal.''
Some individual commenters who oppose listing disqualifying
conditions for pilot self-evaluation state that they believe the
limitations of the recreational pilot certificate restrict the pilot to
less stressful types of operations that pose minimal risks to other
persons and property. Numerous commenters state that self-evaluation,
with no listing of conditions or constraints, has worked well for
glider and balloon pilots for many years. They argue that the same
self-evaluation process should be adopted for recreational pilots.
A few commenters state that only certain medical conditions should
be disqualifying. ALPA and AsMA support a list of disqualifying medical
conditions. Of these commenters, however, there was no consensus on
what medical conditions should be disqualifying. CAMA states that
further study should be done before adopting the proposal.
Failure of a Medical Exam. Most commenters state that pilots who
have failed a medical examination by the FAA should not necessarily be
prevented from claiming that they have no known medical deficiencies
that would make operating an aircraft unsafe. In addition, a majority
of commenters state that any pilot who has had a medical certificate
revoked or suspended, or who has held a special issuance of a medical
certificate should not automatically be prohibited from claiming that
that pilot has no known medical deficiencies that would make operating
an aircraft unsafe. AOPA does state, however, ``that it has some
concern that the publicity surrounding the self-evaluation proposal may
have built an unintended expectation in the pilot community that anyone
will be able to fly under the proposed rule,'' and that AOPA ``would
encourage any pilot who has been denied a medical certificate or who
holds a special issuance certificate to consult a physician.''
ALPA and AsMA support prohibiting any pilot from claiming that he
or she has no known medical deficiencies if that pilot has failed a
medical examination by the FAA, had a medical certificate revoked or
suspended, or holds or has held a special issuance of a medical
certificate.
Disclosure to Passengers. Most commenters (including AOPA and EAA)
state that the FAA should not require pilots to disclose to their
passengers that they do not hold a medical certificate but that they
have evaluated themselves as medically fit to fly.
Medical History or Records. Most commenters (including AOPA and
EAA) also argue that these pilots should not be obligated to provide
the FAA with their medical history or records upon request as part of a
specific investigation or randomly as part of a compliance program, nor
should they be required to undergo medical testing when any uncertainty
exists as to whether or not they have any medical problems.
Surrender of Pilot Certificates. In addressing the issue of whether
a pilot with known medical deficiencies should be required to surrender
his or her pilot certificate to the FAA, nearly all of the commenters
oppose the mandatory surrender of a pilot certificate, in such a case.
AsMA, however, supports mandatory surrender of pilot certificates. In
addition, the vast majority of the commenters (including AOPA and EAA)
state that the FAA should not require a pilot who has known medical
deficiencies to have his or her pilot certificate stamped with a
statement that the pilot certificate is not valid unless accompanied by
a current medical certificate. ALPA and AsMA support such a stamping
requirement.
FAA Response: The FAA carefully considered all comments pertaining
to the proposal that pilots who hold recreational pilot certificates,
student pilots operating within the limitations of a recreational pilot
certificate, and those higher-rated pilots who elect to exercise only
recreational pilot privileges be permitted to operate an aircraft
without holding a medical certificate. Although the FAA acknowledges
that most of the comments favored eliminating the third-class medical
certificate requirement for such pilots, few of these comments
contained supporting data or analysis. Safety is the FAA's overriding
regulatory concern, and before such a significant change can be
adopted, the FAA must ensure that the level of safety will not be
degraded.
The comments of the medical associations, AsMA and CAMA, raised
serious safety concerns regarding the limitations of self-evaluation.
Furthermore, in reviewing the comments, the FAA noted that there is
controversy regarding alternative methods of implementing and enforcing
self-evaluation in lieu of medical certification. The FAA has
determined that additional scrutiny of the proposal is needed to ensure
that it would raise or maintain the current level of safety; therefore,
the FAA has withdrawn the proposed change from the final rule. The FAA
intends to conduct additional study on this proposal and may issue a
separate rulemaking action in the future.
2. Elimination of the 50-Nautical Mile Limitation for Recreational
Pilots
Summary of proposal/issue: In Notice No. 95-11, the FAA proposed to
permit a recreational pilot to operate an aircraft in cross-country
flight more than 50 nautical miles from that pilot's base of training
if the pilot receives ground and flight training and the equivalent to
that required for the exercise of cross-country flight privileges by a
private pilot and receives the appropriate flight instructor
endorsements. This change was intended to increase the utility of the
recreational certificate and to promote general aviation.
Comments: More than 2,000 comments addressed the proposal.
Virtually all commenters (over 99 percent) favor the proposed change.
EAA and NAFI support eliminating the 50-mile flight limit because
it will help attract and retain recreational
[[Page 16226]]
pilots. These commenters also believe the proposal will improve safety.
AOPA also supports the proposal and states that a valuable benefit will
be given to recreational pilots without compromising safety. ASC
supports removing the mileage limitation with an endorsement from a
CFI. Other commenters state that this limitation has been a main factor
in discouraging interest among prospective pilots from earning the
recreational pilot certificate, and that the proposal would revitalize
sport aviation with no adverse impact on safety.
GAMA opposes lifting the 50-mile flight limit. It believes that the
proposal fails to provide an adequate amount of training for the
recreational pilot to competently and safely exercise the privileges of
the certificate. GAMA states that safety is a critical factor, and,
coupled with the reduction in solo flight time, the provision could
prove dangerous. According to GAMA, there should be no increase in
recreational pilot privileges, and instead the FAA should encourage
advanced training. One of the few individual commenters who objects to
the proposal states that the recreational pilot certificate was
intended for people who want to fly airplanes ``for the fun of it,''
but if they want private pilot privileges, they should obtain the
training necessary for the private pilot certificate.
FAA Response: The FAA notes the overwhelming support of the
commenters for this specific proposal. GAMA's concerns that
recreational pilots will lack the necessary skill due to the revised
aeronautical experience requirements have been considered. However, the
FAA has determined that an acceptable level of safety will be
maintained because recreational pilots will receive additional training
equivalent to that of a private pilot, and other recreational pilot
restrictions will continue to apply. The rule change will benefit
general aviation by stimulating interest in recreational flying,
encouraging recreational pilots to seek additional certificates and
ratings, and promoting additional pilot training. The proposal is
therefore adopted in the final rule.
B. Recent Flight Experience
1. Takeoffs and Landings
Summary of proposal/issue: The FAA proposed to revise the recency
of experience requirements in Sec. 61.57. The proposed revisions in
Notice No. 95-11 included requiring all landings, not just night
landings, to be conducted to a full stop. The proposal also required
that these landings involve flight in the traffic pattern at the
recommended traffic pattern altitude for the airport.
Comments: More than 170 comments address the takeoff and landing
aspect of recency of experience. Approximately 65 percent of the
comments oppose the proposal.
Most of the opposition concerns the proposal to require all
landings to be conducted to a full stop and to involve flight in the
traffic pattern and at the recommended traffic pattern altitude for the
airport.
AOPA expresses opposition to the requirement for full-stop
landings. The commenter does not believe that the FAA has presented any
evidence that full-stop landings are safer than touch-and-go landings.
According to AOPA, the proposal will cause a significant increase in
airport congestion and pollution, in training time spent on the ground,
and in the overall costs of maintaining proficiency. The commenter also
states that there is no safety evidence to support the requirement that
the landings be performed in the traffic pattern from the recommended
pattern altitude. AOPA comments that rotorcraft rarely fly a complete
traffic pattern, because to do so would create a hazardous mix of
dissimilar aircraft. According to the commenter, the proposal also
would lead to decreased efficiency for glider operations and emergency
procedures training.
NBAA comments that the requirement for full-stop landings
eliminates the efficient touch-and-go maneuver without justification,
while adding to airport congestion and aircraft operators' costs. NBAA
also objects to the language of proposed Sec. 61.57(a)(iii), because it
can be interpreted as requiring ``a circuit in the traffic pattern.''
The commenter states that most pilots combine currency landings with
other flight operations rather than full circuits in the traffic
pattern, and the proposal might require dispatching aircraft and crews
specifically for currency takeoffs and landings, thereby adding time
and expense.
HAI expresses opposition to proposed Sec. 61.57(a)(1)(iii)
requiring that all takeoffs and landings be conducted in the traffic
pattern at the recommended traffic pattern altitude. The commenter
states that helicopters do not always fly to or from airports, or
operate in the traffic pattern if at an airport. HAI suggests modifying
the proposed rule to require each takeoff and landing to be separated
by an en route phase of flight.
SSA states that, at some gliderports, the currency landings are
performed on a nonactive runway to avoid conflicts with the normal
traffic patterns. SSA suggests modifying Sec. 61.57 to reflect this
practice.
Generally, individual commenters express opinions similar to those
of the associations. Several individual commenters state that the
proposed requirements are not applicable to balloon operations, and
therefore the current rule should be retained. They cite operations in
an airport traffic pattern, for example, and one commenter asks what
``full stop'' means in relation to balloons.
FAA Response: After consideration of the comments, the FAA has
decided to withdraw the proposed requirement that landings involve
flight in the traffic pattern and at the recommended traffic pattern
altitude for the airport. In addition, the FAA will not go forward with
the requirement for full-stop landings because, as indicated by the
commenters, there is no cost justification for the measure, and it will
result in increased congestion at airports. However, the FAA is
retaining the current full-stop requirements for tailwheel aircraft, as
well as for night landings.
2. Recent Instrument Experience
Summary of proposal/issues: The FAA proposed to revise the
instrument recency of experience requirements of Sec. 61.57 by
eliminating the requirement for 6 hours of flight in actual or
simulated instrument conditions every 6 months. For aircraft other than
gliders, the proposal required that a pilot, within the preceding 6
calendar months, perform and log at least six instrument approaches;
holding procedures; intercepting and tracking of very high frequency
omnirange (VOR) radials and nondirectional beacon (NDB) bearings;
recovery from unusual flight attitudes; and flight by reference to
instruments. The preamble to the NPRM stated that these maneuvers and
procedures would not be required to be performed in actual or simulated
instrument flight conditions.
Comments: More than 385 comments were received on this issue. The
comments reflect widely disparate opinions. More than 200 comments
express clear opposition to the proposal. Nearly as many comments take
issue with parts of the proposal, and propose variations to it.
Approximately 60 comments agree with the proposal. Some commenters
indicate that they believe the proposal would make it more difficult
and costly to remain current for operations under IFR. One commenter,
however, says he believes the proposal will permit pilots who do not
fly as frequently to stay current and
[[Page 16227]]
continue to have access to the IFR system.
GAMA supports the elimination of the minimum hour requirement for
instrument currency. GAMA, however, believes that a minimum of 50
percent of the time spent performing maneuvers should be in actual or
simulated instrument flight conditions, or in an approved flight
simulator or flight training device.
In its comment, ALPA expresses concern regarding several aspects of
the proposed instrument currency requirements. According to ALPA, the
requirement for the use of NDBs may not be practical because NDBs are
being removed from service. The commenter also believes that there
should be an option to allow operations using the global positioning
system (GPS). Although ALPA agrees with the need for unusual attitude
training, the commenter states that there needs to be FAA guidance on
practice methods and procedures. ALPA also contends that recency of
experience maneuvers should be performed in either instrument or
simulated instrument conditions.
NAFI opposes specifying the use of any particular equipment, such
as VORs and NDBs, for instrument currency and suggests the requirement
should simply be for ``navigation by reference to instruments.'' It is
NAFI's position that unusual attitude training is appropriate for
flight reviews, not currency requirements, and should not be performed
without a safety pilot.
NATA opposes several aspects of Sec. 61.57. The commenter contends
that unusual attitude maneuvers belong in instrument training and BFR
requirements, not in instrument currency requirements. NATA also
believes that the requirement that VORs and NDBs be used for several
tasks is too restrictive. NATA recommends that the tasks be performed
``with the available navigational technology.'' NATA, however, supports
requiring six approaches rather than the 6 hours for currency.
In its comments, NBAA recommends that the number of approaches for
currency purposes should be left at 6 rather than 12, as noted in the
preamble to the NPRM. NBAA also contends that references to VORs and
NDBs should be deleted because these navigational aids are rapidly
becoming obsolete. In addition, the commenter opposes unusual attitude
training.
AOPA comments that the elimination of the 6 hours of required
instrument time will benefit general aviation economically. The
commenter also finds the requirement for six approaches to be an
acceptable minimum for proficiency. With regard to holding procedures,
the association has no strong objection to the proposal but questions
the need for such a requirement. AOPA states there is no current safety
problem in this area and, except for airline pilots, holding procedures
are rarely encountered. Also, according to AOPA, it is not appropriate
to specify the types of navigational aids that should be used for
instrument currency because of the transition to newer technologies
such as GPS. AOPA also points out that many aircraft are not equipped
with an ADF receiver. The commenter objects to the requirement for
unusual attitudes currency for the same reasons expressed by NAFI. Like
ALPA and GAMA, AOPA believes that the instrument currency procedures
should be performed in either actual or simulated conditions. The
commenter states that if the FAA does not intend to require flight in
actual or simulated conditions, Sec. 61.57(c)(2) should be clarified to
prevent varying interpretations of the rule. AOPA also strongly
supports the use of simulators and flight training devices, including
some PC-based simulators, for currency and proficiency.
Like many of the other commenters, HAI objects to the requirement
for recovery from unusual attitudes. The commenter also states that
commercial or corporate pilots will not be able to maintain currency in
the normal course of flight because of the proposals. HAI supports
eliminating the 6 hours of instrument time for currency, but proposes
deleting holding procedures and unusual altitude currency, and changing
the requirement to track VORs radials and NDB bearings to
``intercepting and tracking electronic navigation aids.''
Comments from individual commenters, for the most part, agree with
the positions advanced by the associations.
FAA Response: After consideration of the comments, the FAA has
decided to withdraw the requirement for recovery from unusual
attitudes. The FAA agrees with commenters who point out that practicing
these maneuvers would require a safety pilot and increase the cost of
maintaining instrument proficiency with only questionable safety
benefits.
In addition, the FAA has determined that the requirement for
intercepting and tracking VOR radials and NDB bearings should be
modified. The final rule requires pilots to intercept and track
``courses through the use of navigation systems.'' As noted by the
commenters, advances in air navigation technology support deleting the
reference to specific navigation systems. The FAA maintains that
requiring completion of specific training tasks, such as intercepting
and tracking courses and holding procedures, provides a safety benefit
by improving operational currency and the proficiency of pilots. For
this reason, the final rule includes the requirement for holding
procedures. The proposed requirement for six approaches also is
incorporated into the final rule.
The FAA has decided to retain the current requirement that the
tasks to meet recent instrument experience requirements be performed
and logged under actual or simulated instrument conditions. This
requirement can be met in an aircraft of the appropriate category, in
an approved flight simulator, or a flight training device that is
representative of the aircraft category.
As proposed in the NPRM, the final rule will not include a minimum
hour requirement to meet instrument currency. The elimination of this
requirement will provide pilots economic relief by permitting currency
requirements to be completed in less time.
Other proposed changes to Sec. 61.57 are discussed in the section-
by-section analysis of Sec. 61.57.
C. Lighter-Than-Air Flight Instructor Certificate
Summary of proposal/issue: The FAA proposed to amend Sec. 61.5 to
establish new flight instructor ratings for lighter-than-air category
aircraft. Section 61.3 included a provision to permit holders of a
commercial certificate with an airship or free balloon class rating to
conduct training in the appropriate aircraft for 2 years after issuance
of the final rule; the 2-year conversion process was contained in
proposed Sec. 61.201. Proposed Sec. 61.187 required that a person who
trains an applicant for a lighter-than-air flight instructor
certificate meet requirements comparable to flight instructor
applicants training in other aircraft categories. The proposal was
partly a result of input received from balloon operators and
organizations in public meetings held during the regulatory review in
1989, and from public comments filed in the docket during this
regulatory review and prior to the issuance of Notice No. 95-11.
Comments: More than 880 comments were submitted on this issue, the
majority regarding the proposed requirement's effect on balloon flight
training rather than airship flight training. Many of those commenters
oppose the proposal. (One commenter includes a petition opposing the
[[Page 16228]]
proposal and signed by over 400 persons.) Commenters identify
themselves as individual pilots and representatives of businesses
involved in ballooning, including manufacturers and providers of
balloon flights and training.
In general, many of these commenters contend that the current
system of commercial balloon pilots providing flight instruction works
well, and that because of the small numbers of balloons, pilots, and
days with acceptable weather for balloon flight, ballooning should be
treated differently than other aircraft categories. Some commenters ask
what specific quality-of-instruction issues the FAA meant to address
with the proposal. The commenters contend that ballooning has an
outstanding safety record, and that creation of the new flight
instructor certificate would make training harder to obtain, for both
initial pilot certification and for flight reviews.
The BFA strongly opposes the proposal, stating that the proposal
would ``lead to severe economic, safety, and time burdens to all
balloon pilots, to the point where it will cause a significant decline
in our sport.'' The BFA's comment states that there is no current
safety problem to justify the proposal, and that consistent use of the
Practical Test Standards by designated examiners has ensured that
balloon instructors obtain necessary skills. The BFA states that the
safest learning scenario is for student pilots to train in the area
where they will do most of their flying, so that they can learn local
weather and terrain conditions. This will not be feasible if
prospective pilots, except those who live in the few major urban
centers where there is a large amount of balloon activity, are forced
to obtain training from nonlocal training facilities. The BFA also
states that students in such circumstances probably would lose the
benefit of more frequent training sessions.
SSA and NAFI also oppose the proposal. SSA comments that there has
been no demonstrated safety degradation under the current system, and
NAFI states that the FAA has failed to provide supporting evidence of a
need for the change. SSA points out that the BFA provides training
material and self-polices in a manner similar to the United States Hang
Gliding Association (USHGA).
AOPA objects to proposed Sec. 61.7, which addresses obsolete
certificates and ratings, because it would effectively invalidate all
balloon certificates issued before 1973. AOPA maintains that all
certificated airmen should be able to retain the privileges they
currently hold.
Individual commenters contend that few commercial balloon pilots
will seek the instructor certificate, partly because few areas of the
country have enough students to justify the expense of obtaining and
keeping the certificate current. They state that one of the methods of
flight instructor certificate renewal is particularly unrealistic in
ballooning: the provision in proposed Sec. 61.197(b)(1) to show a
record of training for at least five students in 24 months, at least 80
percent of whom passed the practical test on the first attempt. Several
commenters indicate that one student per year per commercial-pilot
instructor is more typical. One commenter also states that flight
instructor refresher courses for balloonists would be cost prohibitive
and impractical because there would be so few balloon instructors.
The commenters believe that the lack of flight instructors would
result in fewer instructors familiar with local flying conditions. They
believe that the lack of flight instructors also would force potential
students and pilots requiring flight reviews to travel long distances
to find flight instructors. Commenters also state that the low number
of suitable flying days would make the instructor hour requirements
hard to meet. Commenters generally contend that the proposal would have
a devastating impact on the industry by reducing the availability of
instruction, overall flight activity, balloon sales, and revenue
related to locally-sponsored balloon events. The Governor of Nebraska,
who opposes the proposal, states that the ``imposed hardship may
eliminate the sport of balloon flying in Nebraska.'' The Mayor of Omaha
also opposes the proposal because ``there is no evidence that the
current system is not working.'' The Nebraska Department of Aeronautics
also opposes the proposal.
Some commenters state that the FAA had previously made and rejected
this proposal, and that no further economic or safety studies were made
to justify proposing the flight instructor requirement again. Another
commenter suggested, as an alternative to creating a flight instructor
certificate, that instruction be given only by commercial balloon
pilots with at least 200 hours flight time and who fly at least 50
hours per year. Another commenter with a similar suggestion added that
the commercial pilots could be required to pass the advanced ground
instructor written (knowledge) test. Other commenter-suggested
alternatives included increasing the flight hour requirements for
certification, particularly at the commercial pilot (balloon) level,
and requiring commercial pilots who instruct to use a written syllabus
and maintain records of the training.
Representatives of Balloon Excelsior, a balloon flight school and
repair station, state that the proposal would result in better-trained,
safer, balloon pilots and would encourage the growth of ballooning.
They state that most balloon flight instruction under part 61 is
``casual'' and accomplished without a curriculum or proper
documentation, often during paid passenger sightseeing flights with
inadequate attention given to the student. These commenters state that
while many instructors do a fine job, many do not, and send their
students to take practical tests unprepared. According to these
commenters, one result of the proposal would be better performance on
biennial flight reviews, and that renewal requirements could be met
through flight instructor refresher clinics, which are not cost
prohibitive. One commenter states that he supports the proposal even
though a scarcity of qualified pilots would initially hurt his balloon
operation. He believes that the proposal would benefit the industry in
the long run by increasing professionalism and improving safety.
Another commenter who supports the proposal, with reservations,
recommends reducing the number of students an instructor would have to
endorse for renewal of the instructor certificate from five to two,
every 24 months, but with a passing rate of 100 percent.
FAA Response: The FAA has decided to withdraw the proposed flight
instructor certificate in the lighter-than-air category. After further
review of the proposal, the FAA has concluded that operational
requirements and accident/incident data do not establish a sufficient
safety justification for the increased regulatory and economic burden.
Section 61.133 of the final rule provides that a person with a
commercial pilot certificate with a lighter-than-air category rating
may: (1) Give flight and ground training in an airship or balloon for
the issuance of a certificate or rating; (2) give an endorsement on a
pilot certificate for an airship or balloon; (3) endorse a student
pilot certificate or logbook for solo operating privileges in an
airship or balloon; and (4) act as pilot in command of an airship under
IFR or in weather conditions less than the minimum prescribed for VFR
flight.
[[Page 16229]]
D. New Instrument Ratings
1. Single-Engine and Multiengine Ratings
Summary of the proposal/issue: The FAA proposed to amend Sec. 61.5
to establish additional instrument ratings for single-engine and
multiengine airplanes. For airplanes, currently only one instrument
rating exists. Additionally, the FAA also proposed to establish single-
engine and multiengine instrument ratings for flight instructors. The
FAA requested public comment on its proposed conversion process for
current holders of airplane instrument ratings to the new system.
Comments: Approximately 200 comments oppose the new instrument
ratings for single-engine and multiengine airplanes. Approximately 20
commenters favor the proposal. Approximately 160 comments are in
opposition to the single-engine and multiengine airplane instrument
ratings for flight instructors.
ALPA supports the proposed instrument ratings for single-engine and
multiengine aircraft. ALPA finds the proposal particularly important in
light of the removal of the minimum-hour requirement for an instrument
rating. The association contends that it would be inappropriate for
very low time pilots to have their single-engine instrument rating also
apply to multiengine airplanes.
GAMA supports class-specific instrument instructor ratings for
single-engine and multiengine airplanes. GAMA asks why the FAA does not
simply prohibit instrument instructors who do not hold a multiengine
instructor rating from giving instrument instruction in multiengine
aircraft. According to GAMA, this could be accomplished by adding a
limitation on the CFI's certificate that states ``instrument
instruction privileges are limited to single-engine aircraft.'' GAMA
believes that flight instructors holding multiengine instrument
instructor ratings should be able to provide instrument training in
single-engine aircraft. The commenter states that all pilots possessing
both multiengine and instrument instructor ratings on the effective
date of the rule should be ``grandfathered'' and issued an instrument
multiengine airplane rating without further examination or testing.
EAA, NAFI, and NATA oppose the proposal. EAA states that there is
no safety justification for the change and that it will cause
additional training and expense. NAFI expresses concern about current
instrument pilots and instrument instructors who do not comply with the
proposed certificate exchange procedures. NATA contends that the
current system is safe and efficient, and states that the proposal
would place an undue financial burden on those who wish to obtain the
new ratings. NATA estimates the cost of the new multiengine rating at
$1,250 for training (10 hours at $125/hour), and $300 for the practical
test and designated examiner. NATA states that the current system, in
which instrument proficiency is demonstrated during a multiengine
instructor check ride, is sufficient. NATA also contends that any
conversion of current flight instructor certificates and ratings should
award any pilot holding a CFII and MEI certificate the new certificates
upon implementation of the new regulations.
AOPA also objects to the proposal. The association believes that
the current system, which requires an applicant for a multiengine
airplane class rating or multiengine airplane instructor rating to
demonstrate instrument or instrument instruction competency during the
practical examination, is sufficient. AOPA comments that it appears
from the NTSB investigation of the 1981 multiengine accident cited by
the FAA in the NPRM that the pilot became disoriented in instrument
meteorological conditions (IMC). AOPA believes that the accident had
little to do with the adequacy of the pilot's training in instrument
procedures for multiengine aircraft. AOPA maintains that the FAA should
not make drastic policy changes based on a single event. According to
AOPA, the proposal will be very costly for the pilot community and
would discourage pursuit of the multiengine instrument rating. AOPA
also states that if the FAA's intent in the proposed regulation is to
close an apparent loophole that permits a CFII who is not an MEI to
give instrument instruction in a multiengine airplane, then the
regulation should state this rather than requiring the new
certificates.
In its comment, AOPA also expressed concern about inconsistencies
in the preamble to the NPRM and the actual language in the provisions
for conversion of existing instructor certificates. AOPA notes that the
preamble indicates that a person may exchange his or her existing
instrument certificate for the new instrument airplane multiengine
rating if one of three conditions is met. AOPA states that the third
condition, which provides for the ``grandfathering'' of a person who
held an airplane multiengine class rating and had satisfactorily
completed the practical test for an instrument rating in a single-
engine airplane before October 4, 1984, was omitted from the proposed
rule. It is AOPA's position that the only pilots who should not receive
automatic conversion to the new certificate are those who currently
have a limitation on their certificates that states that operations are
restricted to ``Airplane Multiengine VFR only.'' AOPA also contends
that the conversion provisions favor instructors who teach full-time at
flight schools, and that the provisions will result in a majority of
multiengine airplane instructors losing their instruction privileges.
According to AOPA, very few multiengine instructors actually provide
instrument instruction in multiengine airplanes, and, therefore, they
would be unable to meet the requirement of 20 hours of such
instruction. AOPA further notes that a vast number of CFIIs have never
endorsed a student for an instrument airplane practical test, and would
also be unable to meet the conversion requirement for both the single-
engine and multiengine CFII privileges. AOPA recommends that all
current CFII-MEI instructors should be ``grandfathered'' under the new
system.
Individual commenters who oppose the proposal in Notice No. 95-11
to create separate instrument ratings for single-engine and multiengine
airplanes contend that the number of engines issue and the instrument
procedures issue are independent, and that instrument procedures,
including engine-out approaches, normally are part of the multiengine
practical test. These commenters contend that instrument procedures do
not essentially change from a single-engine to a multiengine airplane.
Some commenters state that the proposal does not seem justified by the
NTSB's recommendation, which was followed when the FAA instituted a
policy to require that multiengine airplane rating candidates
demonstrate proficiency in instrument procedures or receive a ``VFR
only'' limitation with their multiengine rating.
One commenter who favors the two new instrument ratings states that
the system would make instrument flying safer and instrument operations
in a multiengine airplane ``easier.'' Echoing AOPA's comments, one
individual commenter notes that instrument instructors who routinely
instruct in multiengine airplanes typically do not endorse students for
instrument rating practical tests. Such instruction is one of the
conditions proposed for converting a current airplane instrument flight
instructor certificate to the new system. However, the commenter states
that such instructors may teach advanced courses for instrument- and
[[Page 16230]]
airline transport pilot (ATP)-rated pilots. Another commenter states
that the proposed system of conversion to the new flight instructor
airplane single-engine and multiengine ratings would place an
unwarranted economic burden upon relatively new, part-time, or
independent flight instructors. One commenter states that the FAA did
not provide supporting safety data in the NPRM indicating that
multiengine instrument instruction has been inadequate, and a number of
commenters assert that there would be no safety benefit from the
proposal. Consistent with AOPA's position, individual commenters state
that they believe many flight instructors currently providing
multiengine airplane instrument instruction would not qualify under the
proposal. One commenter also notes that multiengine examiners may not
qualify under the proposal either. One commenter suggests changing
proposed Sec. 61.201(h)(2)(i) to include time providing instrument
competency checks in multiengine airplanes, while a number of
commenters request a more liberal ``grandfather'' clause.
Another individual commenter expresses concern that the proposal
would require an additional practical test in a multiengine airplane
(apparently referring to separate practical tests for the multiengine
rating and the multiengine instrument rating). He states that the
current policy (of requiring demonstration of instrument proficiency on
the multiengine practical test) is sufficient.
FAA Response: The FAA is persuaded by the public comments regarding
the unintended negative effects that would result from the creation of
multiengine and single-engine instrument and instrument instructor
ratings. Current accident/incident data show that there are no safety
problems resulting from the existing rules. Therefore, the FAA finds
that there is insufficient safety justification for the increased
regulatory and economic burden, and has eliminated the proposal from
the final rule.
2. Airship
Summary of proposal/issue: The FAA also proposed to amend Sec. 61.5
to establish an instrument rating for airships. The FAA noted that
smaller, foreign' built airships are operated in the United States, and
it was hoped that industry growth would be accompanied by the need for
more airship pilots. A separate airship instrument rating was intended
to remove an obstacle from the certification of commercial airship
pilots desiring to fly smaller, non-IFR-equipped airships, and to help
foster growth of this small segment of the aviation industry.
Comments: NAFI and AOPA oppose the proposed requirement for an
instrument rating to instruct in an airship. The commenters state that
there is no problem with existing training, which is conducted almost
entirely in VFR conditions. AOPA also comments that such a requirement
would increase training costs with no increase in safety. Individual
commenters echoed the association's position on this issue. One
individual commenter supports the proposal because it may foster the
growth of the United States airship industry.
FAA Response: The FAA has decided not to establish an instrument
rating for airships, because operational requirements and accident/
incident data do not establish a sufficient safety justification for
the increased regulatory and economic burden.
3. Powered-Lift
Summary of proposal/issue: The FAA proposed to amend Sec. 61.5 to
establish an additional instrument rating for powered-lifts, with a
corresponding instructor rating.
Comments: Some commenters oppose the instrument rating requirements
for powered-lifts. However, most commenters objected in general to the
additional powered-lift category of aircraft.
FAA Response: As discussed in section IV,E of this preamble, the
FAA is confident that powered-lifts will be useful in civilian
operations in the future, and a separate instrument rating will be
required, which is incorporated into the rule.
E. Requirements for Instrument Ratings
Summary of proposal/issue: The FAA proposed numerous revisions to
Sec. 61.65, the most significant of which was revising the eligibility
criteria for applicants for the instrument rating to parallel standards
set by the International Civil Aviation Organization (ICAO). The
proposal eliminated the requirement for a minimum of 125 hours of total
flight time, including 50 hours of pilot-in-command cross-country time.
This proposed change to Sec. 61.65, comments received regarding the
proposal, and the FAA response are discussed here as one major issue.
Other changes to Sec. 61.65 are discussed in the section-by-section
discussion.
Comments: Approximately 150 comments address the proposed
elimination of the minimum 125-hour requirement. Of these,
approximately 110 favor the proposal, and the rest are either in
opposition or suggest an alternative. Approximately 120 comments
specifically address the 50-hour cross-country experience requirement,
with 75 of those supporting the proposal and the rest either in
opposition or suggesting an alternative. The commenters' reasoning on
the two proposals follow essentially the same lines. Those who favor
eliminating the requirements consider them arbitrary and unnecessary
obstacles for pilots who seek the instrument rating, which can make
them safer pilots. Those who favor maintaining the requirements state
that exposure to different operating environments is important for
``seasoning'' pilots so they are better prepared for flight under IFR.
GAMA supports eliminating the 125-hour total time requirement for
an instrument rating. GAMA comments that a disproportionate number of
general aviation accidents occur when VFR pilots encounter IFR weather
conditions, and allowing pilots to begin instrument training sooner
will positively impact safety. GAMA also supports eliminating the 50-
hour cross-country requirement for similar reasons. AOPA echoes GAMA's
comments and states that encouraging such training is probably the
single greatest step in decades toward reducing the general aviation
accident rate.
FAA Response: The FAA has determined that eliminating the 125-hour
total time requirement removes burdensome regulations that add cost
without demonstrated need, parallels ICAO standards and recommended
practices, and will encourage more pilots to receive instrument
training at an earlier stage in their career. This proposal is adopted
in the final rule. After further review, the FAA has decided to retain
the 50 hours of cross-country pilot-in-command time required for the
instrument rating. The FAA deems that this change is necessary in order
to comply with minimum requirements under Annex 1 to the Convention on
International Civil Aviation and for U.S. pilot certificates with an
instrument rating to be recognized internationally.
F. New Aircraft Category and Class Ratings
1. Powered-Lift
Summary of the proposal/issue: The FAA proposed to add a powered-
lift category for the private pilot through ATP certificates, as well
as for the flight instructor certificate. Minimum experience
requirements for the
[[Page 16231]]
powered-lift ratings were developed based on the current minimum
experience requirements for airplane ratings.
Comments: Approximately 65 comments addressed the establishment of
the powered-lift category. Of these comments, over 40 oppose the
proposal and more than 20 express support, while the rest either do not
express a clear opinion or offer other suggestions.
Both NAFI and EAA oppose the proposal. NAFI states that there is
insufficient information available for the aviation industry to
properly evaluate the establishment of powered-lift requirements, and
recommends deleting all references to powered-lifts from the proposed
regulations. EAA indicates its support for NAFI's comments.
AOPA also questions the need for a separate airman certificate
category for powered-lifts. They believe that the implementation of the
new category is premature, if not entirely unnecessary, because there
are no viable aircraft of this type on the market today. AOPA states
that the skills necessary to fly this type of aircraft would duplicate
those of the nearly 1,200 ATPs who are already certificated in both
airplanes and rotorcraft. AOPA suggests that the proposal be amended to
require future powered-lift airmen to possess ratings in both airplanes
and helicopters, and specifically type rate these individuals when and
if powered-lifts reach the market. According to AOPA, this approach
would eliminate a myriad of testing, licensing, and certification
requirements that will likely remain dormant for many years. AOPA
recommends withdrawing all sections in the proposed rule relating to
powered-lift aircraft until it becomes evident that such aircraft will
find applications in the civil marketplace.
FAA Response: The FAA has determined that a new powered-lift
category should be established. Industry is currently developing
powered-lifts, and current pilot certification standards do not
adequately reflect the certification requirements for powered-lifts.
Current certification standards were not drafted with the intent of
certificating powered-lift pilots. The FAA recognizes the importance of
anticipating further developments in aviation technology. Therefore,
the FAA contends that these new regulations are necessary to respond to
future needs of aviation. The proposal is adopted in the final rule and
modified to include provisions permitting the use of approved powered-
lift flight simulators and approved powered-lift flight training
devices to satisfy certain training and aeronautical experience
requirements for persons seeking certification to pilot powered-lifts.
2. Glider Class Ratings
Summary of the proposal/issue: The FAA proposed to establish class
ratings for powered gliders and nonpowered gliders within the glider
category for the private pilot through commercial pilot certificates,
as well as the flight instructor certificate.
Comments: Approximately 85 comments are in opposition to the new
glider class ratings and approximately 40 are in favor. Another 20
comments do not express a clear opinion on the question or suggest
alternative proposals. However, many of these 20 comments appear to
favor the concept of the two class ratings, but contend that glider
pilots who have nonpowered glider experience as well as an airplane
pilot certificate should be considered qualified for the powered glider
rating. One commenter states that glider flight instructors who
performed their practical test in a nonpowered glider should not be
required to demonstrate 20 hours of instruction experience in that
class to convert their flight instructor certificates as proposed in
Sec. 61.201.
A number of the proposal's supporters submitted signed form
letters. The letters recommend dividing the glider category into
nonpowered glider and powered-glider classes, and call for the
incorporation of the powered glider flight and test requirements of
Advisory Circular (AC) No. 61-94 into the regulation. The form letter
proposes a different conversion system from current certificates to the
new certificates than what was proposed in Secs. 61.5 and 61.201. The
letter recommends that flight instructors be permitted to add the
powered-glider class rating to their certificates after completing 20
hours of flight time in a powered glider and completing training and
testing in accordance with AC No. 61-94; or by holding a flight
instructor airplane single-engine land rating and logging 20 hours in a
powered glider. The same letter recommends that holders of private or
commercial glider pilot certificates be permitted to receive the
powered glider rating if they have logged either a minimum of 25 hours,
including at least 10 flights in a powered glider during the preceding
24 months, have a current flight review, and have a logbook entry
showing completion of training in accordance with AC No. 61-94. The
form letter also recommends that holders of glider pilot certificates
be able to convert to the new certificate with a nonpowered glider
class rating if they have completed a current flight review.
ASA's comment opposes the separation of the glider category into
powered and nonpowered-glider classes. The commenter states that
auxiliary-powered sailplanes are, for all practical purposes,
nonpowered gliders, except for the ability to self-launch. ASA suggests
changes to the proposed regulations that would meet the goals of the
NPRM, with respect to gliders, without requiring the creation of
separate classes within the glider category. ASA recommends that
training requirements for gliders be consolidated under a single glider
category with subheadings listing additional training for powered
sailplanes. ASA proposes that AC No. 61-69, which addresses powered
sailplanes, should be referred to in the regulation specifying the
areas of operation for glider category ratings. Pilots seeking to
obtain a powered-glider rating should first be required to complete the
training required for a nonpowered glider rating. ASA proposes expanded
definitions of ``flight time'' and ``flight training'' that take
gliders into account.
ASA also comments that pilots and flight instructors with glider
category ratings, including those currently experienced in auxiliary-
powered sailplanes, should retain their ratings and should not be
required to take an additional practical test. ASA also states that the
proposed conversion requirements for glider flight instructors do not
consider the fact that much advanced glider instruction takes place
entirely in single-seat gliders, with the instructor in one glider and
a student following the instructor in another glider. ASA believes a
statement authorizing such training as flight instruction is necessary.
SSA opposes the division of the glider category into two classes
because the flight characteristics of gliders, whether powered or
nonpowered, are essentially the same. SSA acknowledges that powered
gliders may require knowledge levels similar to those of powered
aircraft, but believes that there are similarities between all
aircraft, and that these similarities are addressed in the knowledge
and flight tests. SSA is concerned that the FAA does not recognize the
efforts expended by instructors and flight schools to ensure pilots are
adequately trained in these areas. SSA notes that the existence of AC
No. 61-94, which, the commenter states, has been instrumental in
achieving safe operation of auxiliary-powered sailplanes. SSA contends
that there are only 200 licensed powered sailplanes in the United
States, and that
[[Page 16232]]
there is an inadequate distribution of two-place powered sailplanes to
respond to the NPRM's requirements. SSA states that it ``seems beyond
the scope of lessening the burden of regulatory reform to establish a
class rating for such a minimal size group who has not shown a
propensity to denigrate safety.'' SSA suggests that pilots should be
required to acquire a ``certificate with a glider category,'' obtain a
logbook endorsement for each launch method demonstrated, and follow a
syllabus to reach certification.
EAA supports SSA's comments to the proposed class ratings for
powered and nonpowered gliders and believes there is no safety
justification to support the proposal. EAA specifically objects to the
proposed powered glider rating for private pilots as set forth in
Sec. 61.109(b)(5), and recommends incorporating a power glider
endorsement rather than adding a rating.
NAFI and AOPA also object to the establishment of separate glider
class ratings. According to these commenters, an endorsement specifying
``self-powered launch'' privileges would be sufficient. NAFI also
states that the FAA has failed to provide evidence justifying the
proposal on safety grounds. The commenters contend that if the proposal
is adopted, all present glider pilots should automatically receive a
new certificate with both powered and nonpowered glider privileges.
NAFI also states that an individual who holds a glider rating and an
airplane category rating should be able to obtain a powered glider
rating without a further showing of proficiency.
Some of the individual commenters who oppose the proposal state
that AC No. 61-94 addresses the issue of flight instructors endorsing
pilots to fly powered gliders. One commenter states that most glider
instructors are also rated in powered aircraft, and that the proposed
system would make it more difficult to find an appropriate instructor.
FAA Response: After reviewing the comments, the FAA has decided not
to create separate class ratings for nonpowered and powered gliders.
Instead, the FAA has decided to accept the alternative suggested by
industry that would establish training and endorsement requirements for
specific glider operations in lieu of placing limitations on pilot
certificates as is currently required. This change will reduce the
regulatory burden on the public, as well as the administrative burden
for the FAA, while providing a level of safety equivalent to the
current regulations. The FAA has added paragraph (k) to Sec. 61.31,
which provides training and endorsement requirements for operating
gliders.
G. English Language Requirements
Summary of the proposal/issue: The FAA proposed to delete
exceptions to requirements for applicants to be able to read, speak,
write, and understand the English language at all certificate levels
and ratings, as well as in the case of certificates issued on the basis
of foreign pilot licenses under Sec. 61.75. The FAA also proposed to
delete references to the ability to write in English and to speak
without accent or impediment that would interfere with two-way radio
communication at the ATP certificate level in Sec. 61.151.
Comments: ALPA and NAFI support the proposed English language
requirements. NAFI believes the potential for communications error will
decrease under the proposal.
IDPA states that, while it would support a proposal to standardize
the English language fluency requirements, it cannot support the
proposed change because it would discriminate against individuals who
are deaf, hard of hearing, or otherwise speech impaired. IDPA opposes
eliminating the provision that allows special limitations to be placed
on pilot certificates restricting operations in airspace where the
English language is required. IDPA suggests that the proposal be
modified to allow the retention of the special limitation provisions
for Americans fluent in the English language who are deaf, hard of
hearing, or speech impaired.
The NSFD states that it supports the opinions expressed by IDPA.
The DCARA joins in these concerns and states that there is no reason to
restrict deaf and speech-impaired pilots from flying in airspace where
communications are not necessary.
PVA opposes the effect of the proposed changes to the English
language requirements on individuals with hearing or speech
impairments, and states that the changes would make these individuals
ineligible for pilot certification under Secs. 61.96, 61.103, or 61.123
on the basis of their disability. PVA urges the FAA to ensure that the
eligibility requirements do not arbitrarily discriminate on the basis
of a disability.
In its comment, AOPA states that it supports the position of IDPA.
AOPA states that qualifying language that made special provision for
hearing and speech impaired individuals has been inappropriately
deleted from Secs. 61.103(b) and 61.213(a)(2). AOPA further comments
that Secs. 61.83(c), 61.96(b), and 61.123(b) also single out qualified
pilots with speech and hearing impairments, and are likely to be in
violation of the Americans with Disabilities Act of 1990.
HAI also expresses a concern that someone who is speech or hearing
impaired would not meet the requirements to read, write, speak, and
understand the English language. The commenter also objects to proposed
Sec. 61.83, because many foreign students who train in the U.S. do not
become more fluent until later in their training, and would therefore
be eliminated from eligibility under the proposed change. HAI
recommends retaining the language of the existing rule.
Individual commenters also express concern about the proposal's
effect on speech and hearing impaired individuals. Other commenters who
did not address the implications for speech and hearing impaired
individuals support the proposal, stating that it would improve
communications and safety. One commenter feels that the FAA should not
eliminate the rule language requiring ATP applicants to speak English
without accent or impediment and disagrees with the FAA's statement
that the rule language is superfluous in light of the proposed changes
to the rule.
FAA Response: The FAA agrees that there was an unintended effect in
the proposed rule change that would prevent deaf pilots, and pilots
with other medical conditions that have a command of the English
language, from meeting the eligibility requirements for a pilot
certificate. The FAA has determined, however, for safety concerns, that
operations in the NAS do require a basic command of the English
language. Therefore, as proposed, the FAA is removing the exceptions
that permit pilots to be certificated without a basic command of the
English language. The FAA has added a provision to the eligibility
requirements for pilot certification to permit individuals who have a
command of the English language, but who may not be able to meet the
proposed requirements due to a medical condition, to have limitations
placed on their pilot certificates that would continue to permit them
to exercise the privileges of their certificate.
H. Areas of Operation
Summary of the proposal/issue: In Notice No. 95-11, the FAA
proposed general areas of operation to be addressed in training and on
practical tests, for all pilot and instructor certification. This was a
departure from specifying the required maneuvers and procedures in the
FAR. The specific
[[Page 16233]]
tasks to be performed would be contained in the practical test
standards (PTS), based on the areas of operation listed in the
regulations.
Comments: Approximately 65 comments address the proposal to use
generalized areas of operation in the regulations, and a large majority
opposed the proposal. Commenters object that the FAA could revise
requirements for certificates and ratings without issuing an NPRM and
soliciting public comments. One commenter states that this change would
not be in compliance with the Administrative Procedures Act. One
commenter questions the proposed terminology and states that while the
proposal refers to performing areas of operation, pilots actually
perform tasks within areas of operation, which the commenter states
should clearly be referred to in the regulation as those specified in
part 61.
SSA supports the FAA's decision for the FAR to refer to those areas
of operation and tasks that coincide with the PTS. SSA believes that
this change will eliminate the confusion between the PTS and the FAR.
However, SSA expresses a concern that this proposed change will only
result in the promulgation of more tasks for each area of operation.
According to SSA, the cost of learning to fly has significantly
increased because the amount of required training has changed over the
years, and the commenter does not believe that these increased
requirements have resulted in a significant decrease in accidents.
FAA Response: The FAA is adopting this proposal in order to be more
responsive to advances in training and technology, and to accident and
incident trends. While the FAA recognizes the commenters' concerns, the
FAA finds that they are unfounded. Changing the hour requirements for
certification in the future would need to be conducted using a formal
rulemaking process with its associated notice and comment procedures.
When revising the PTS, the FAA's Flight Standard Service actively seeks
comments from the public, and continuously accepts comments requesting
changes for future PTS revisions.
V. Section By Section Analysis
Part 1--Definitions and Abbreviations
Section 1.1 General definitions.
The FAA proposed revising the definitions of balloon, flight time,
and pilot in command.
Comments: Individual commenters agree with the FAA's concept of
distinguishing between the requirements for gas balloons and balloons
with airborne heaters, but suggest variations on use of the
terminology. One commenter, for example, suggests using ``gas balloon''
and ``hot air balloon;'' another, however, suggests ``balloon'' and
``balloon with airborne heater.''
FAA Response: After reviewing the comments, the FAA has decided to
modify the language defining ``balloon'' to state ``a lighter-than-air
aircraft that is not engine driven, and that sustains flight through
the use of either gas buoyancy or an airborne heater.'' In addition,
the FAA has modified the definition of ``pilot in command'' in proposed
paragraph (b)(4), withdrawing the reference to ``actual flight
conditions.'' A number of commenters oppose the use of this language in
the proposed rule. Their comments are addressed in the discussion of
Sec. 61.1. The definition of flight time was adopted as proposed except
for a modification that replaced the term ``nonpowered glider'' in the
proposed definition with ``glider without self-launch capability.'' The
FAA also determined that the definition of ``powered-lift'' should be
added to this section because the new powered-lift category is adopted
in the final rule.
The proposal is adopted with the changes discussed and with other
minor editorial and formatting changes.
Discussion of Specific Proposals
The FAA proposes to change the title of part 61 to ``Certification:
Pilots, Flight Instructors, and Ground Instructors,'' because part 143
has been eliminated and the rules governing the certification of ground
instructors have been moved to part 61.
Special Federal Aviation Regulations
SFAR No. 58 Advanced Qualification Program
The final rule retains the reference to SFAR No. 58.
SFAR No. 73 Robinson R-22/R-44 Training and Experience Requirements
The final rule retains the provisions of SFAR No. 73.
Subpart A--General
Section 61.1 Applicability and definitions.
Section 61.1(a)
Section 61.1 is revised by adding the provision in paragraph (a)(2)
for pilot authorization, as well as deleting the reference to
Sec. 61.71 and inserting a reference to ``courses approved by the
Administrator under other parts of this chapter'' to incorporate
training programs under SFAR No. 58, proposed training centers, and
part 141 pilot schools.
Section 61.1(b)
In Notice No. 95-11, the FAA proposed to create a new section,
61.1a, to clarify 15 terms used throughout part 61 as follows:
aeronautical experience; airman certificate; authorized ground
instructor; authorized flight instructor; cross-country time; examiner;
flight training; ground training; instrument approach; instrument
training; knowledge test; pilot time; practical test; supervised pilot-
in-command time; and training time. For ease of reference, proposed
Sec. 61.1a and the definition of terms contained in current Sec. 61.2
as adopted in Amendment No. 61-100, ``Aircraft Flight Simulator Use in
Pilot Training, Testing, and Checking at Training Centers,'' have been
incorporated into Sec. 61.1.
Comments: Approximately 200 comments were received in response to
the clarification of terms. SSA comments that part 1 is the appropriate
place to define terms, instead of Sec. 61.1a. One commenter, who was in
general agreement with the proposed clarification of terms section,
requests that the FAA define ``training'' for purposes of logbook
entries. Another requests that ``compensation or hire'' be defined in
Sec. 61.1(a). Another commenter requests that the FAA define the term
``route'' as used in proposed Sec. 61.129(a)(4)(ii). Other comments
specifically address the proposed terms and definitions.
AOPA opposes the exclusion of student pilot certificates from the
definition of airman certificates because these certificates are
subject to most of the part 61 provisions for airman certification.
SSA supports the adoption of the term ``supervised pilot in
command'' because it will help eliminate the confusion surrounding
``solo flight'' and reinforces the principle that the CFI supervises
all solo flights by students. GAMA supports allowing student pilots to
log pilot-in-command time under certain conditions, but it finds the
definition of ``supervised pilot in command'' vague and open to varying
interpretations.
AOPA urges the FAA to withdraw the entire concept of ``supervised
pilot in command'' and retain the current definitions of dual and solo
instruction time. Although the commenter supports clarifying the policy
with respect to permitting student pilots to log solo time as pilot-in-
command time toward future certificates and ratings, AOPA believes that
there are numerous conflicts between the application of this new term
and many sections in part 61.
[[Page 16234]]
According to the commenter, the term creates confusion as to what truly
is ``solo'' time. AOPA also states that the proposed definition raises
liability concerns for instructors because of the use of the term
``supervised'' for flights when an instructor does not truly supervise
a student or pilot. The commenter notes there is no provision in
proposed Sec. 61.51 for logging supervised pilot-in-command time.
NAFI opposes the wording of the definition of ``supervised pilot in
command.'' NAFI states that, except for aircraft type certificated for
more than one crewmember, ``a flight instructor should not be on board
an aircraft when a student is conducting a supervised pilot-in-command
flight.'' NATA states that it supports permitting student pilots to log
pilot-in-command time but that proposed Sec. 61.51 provides adequately
for this. NATA recommends retaining the term ``solo'' to eliminate any
confusion associated with the new term. NATA also states that the
proposed term does not clearly indicate whether an instructor is
permitted to be on board an aircraft. NATA also states that the term
does not appear to be applicable to advanced training.
HAI comments that the proposed term leads to confusion in other
areas of the regulations and recommends retaining the term ``solo.''
The commenter asks whether pilot-in-command time counts as supervised
pilot-in-command time.
FAA Response: In response to the cited comments, the FAA
acknowledges that certain definitions would not clarify part 61.
Therefore, the FAA has decided to not include the definitions for
``airman certificate,'' ``authorized ground instructor,'' ``authorized
flight instructor,'' and ``supervised pilot in command'' in the final
rule. The FAA agrees that the definition of ``airman certificate''
conflicts with the U.S. Code and the FAR, and should be deleted. The
FAA has removed the definitions for ``authorized flight instructor''
and ``authorized ground instructor'' and replaced them with a single
definition for ``authorized instructor'' as explained in the analysis
of Sec. 61.1(b)(2) below. The concept of supervised pilot in command
was created only to permit the logging of student solo time as pilot-
in-command time under Sec. 61.51. The proposed definition created
difficulty in determining when supervision was occurring, and has been
removed.
Section 61.1(b)(1) Aeronautical experience.
The FAA proposed a definition of aeronautical experience as pilot
time obtained in an aircraft, flight simulator, or flight training
device for meeting the appropriate training and flight time for an
airman certificate, rating, flight review, or recency of flight
experience.
Comments: Although pilot time in a flight simulator or flight
training device is addressed in certain definitions such as
``aeronautical experience,'' one commenter points out that there is no
specific definition to provide for training conducted in a simulator.
FAA Response: The intent of the section is to ensure more
consistent use of terms throughout part 61. The FAA finds that the
commenter's statement is outside the scope of Notice No. 95-11, and
that the definition of ``aeronautical experience'' clarifies the rule
and should be adopted as proposed.
Section 61.1(b)(2) Authorized instructor.
The FAA proposed definitions for ``authorized flight instructor''
and ``authorized ground instructor'' in Secs. 61.1a (c) and (d).
Comments: ATA expresses concern regarding the use of the term
``authorized flight instructor'' in proposed Sec. 61.1a(d). ATA notes
the use of the term ``authorized instructor'' in Sec. 61.157(f) and
states that the term was not intended by the FAA to mean the holder of
a flight instructor certificate. Rather, ATA states that the FAA meant
that the term ``authorized instructor'' could also include an
instructor qualified under the air carrier regulations of part 121.
AOPA strongly opposes the proposed change from the term
``certificated flight instructor'' to ``authorized flight instructor.''
AOPA notes that references are made to CFIs in thousands of
publications, videos, books, and government manuals. The commenter also
is concerned that the proposed terminology could have a deleterious
effect on the liability exposure of flight instructors. In addition,
AOPA comments that it appears that the FAA is relinquishing its role as
the sole certificator of airmen, and that FAA counsel is attempting to
circumvent the established procedures for certificate enforcement
actions since there are no formal legal procedures in place for the
removal of an authorization. The commenter believes that this could
compromise a flight instructor in any certificate or civil action. The
commenter contends that no justification is presented for this proposed
change.
NAFI also opposes this proposed change in terminology. Consistent
with AOPA's comment, NAFI states that the term ``CFI'' would have to be
replaced in every reference at considerable expense to government and
industry.
Six other individual commenters oppose the proposed definition of
``authorized flight instructor.'' Some of the commenters state there is
no reason to change from the commonly used term ``certified
(certificated) flight instructor'' (CFI) to ``authorized flight
instructor,'' or ``AFI.'' One commenter adds that the ``marginal
clarification'' intended by the new term does not warrant the confusion
likely to result among students as well as the need to revise books,
videos, and other training materials.
FAA Response: The FAA has removed the definitions of ``authorized
flight instructor'' and ``authorized ground instructor'' and replaced
them with a new term, ``authorized instructor,'' which encompasses
commercial lighter-than-air pilots and ATP certificate holders who may
also provide training. Additionally, the FAA has modified the
definition to include persons providing training under part 142. With
respect to the commenters' fear that the term ``certificated flight
instructor'' will no longer be valid due to the change, the FAA
stresses that flight and ground instructors are still certificated
under part 61, and therefore will remain certificated instructors.
Section 61.1(b)(3) Cross-country time.
In Notice No. 95-11, cross-country time was defined for three
separate circumstances: (1) For persons who hold a private, commercial,
or airline transport certificate; (2) for persons applying for a
private or commercial pilot certificate or instrument rating; and (3)
for military pilots.
Comments: NAFI indicates approval for the clarification of this
term. HAI recommends removing the requirement for cross-country flight
time to require landing by changing proposed Sec. 61.1a(e)(1)(ii)
``landing point'' to ``destination.'' HAI's justification for the
modification is that many CFIs, CFIIs, and aerial photographers may fly
long distances without landing at any point other than their point of
departure. The commenter states that its proposed change will permit
these pilots to log cross-country time. The commenter also points out
that the proposed 50-nautical mile requirement for all cross-country
flights is inconsistent with the 25-nautical mile cross-country flight
requirement for pilots seeking certification in helicopters.
AOPA supports clarifying what constitutes cross-country flight time
based upon the certificate held by a pilot. The commenter, however,
opposes the cross-country definition because it relies upon the
undefined term ``actual flight.'' AOPA is concerned
[[Page 16235]]
that the definition effectively excludes taxi, run-up, takeoff, and
landing roll as loggable flight time. According to AOPA, this
unloggable time could be significant if full-stop landings are required
for currency training.
While one individual commenter expresses agreement with the
proposed definition, others propose changes that would make the
definition more appropriate for different categories of aircraft and
types of operations. Commenters state that the definition is not
appropriate for balloon operations, which do not necessarily use
airports and in which a 50-nautical mile flight may be unusually far,
or for glider operations, which may cover long distances but begin and
end at the same site. One commenter suggests treating ``mission
pilots,'' such as those conducting fish-spotting and fire and pipeline
patrol operations, the same as military pilots. To account for such
cases, one commenter suggests provisions under which cross-country
flight would include any flight that departs an airport and its traffic
pattern and lands at another location, or, for a flight that does begin
and end at the same location, would include any flight of more than 50
nautical miles in powered aircraft, or 25 nautical miles in nonpowered
aircraft. That commenter states the proposal would apply to flights in
which dead reckoning, pilotage, electronic, or radio navigation aids
were used.
FAA Response: In response to the commenters' concerns, the FAA has
modified the definition of ``cross-country time'' to remove any
distinction between flight and actual flight. The definition was also
modified to permit flights of 25 nautical miles for a private
rotorcraft rating to be considered as cross-country flights. The
definition was modified to include references to future navigation
systems rather than restricting cross-country navigation to present
methods and systems. In response to comments received, the FAA modified
the definition of cross-country time to permit a commercial pilot,
airline transport pilot, or military pilot qualified for a commercial
pilot rating to log cross-country time without requiring a landing at a
point 50 nautical miles from the original point of departure.
Section 61.1(b)(4) Examiner.
In Notice No. 95-11, the term referred to persons authorized to
conduct practical tests or knowledge tests under part 61. However, the
FAA has modified the definition in the final rule to include persons
who conduct pilot proficiency tests.
Section 61.1(b)(5) Flight simulator.
The FAA has modified and combined the current definitions of
``flight simulator, airplane'' and ``flight simulator, helicopter,'' as
adopted in Amendment No. 61-100, to include all categories of aircraft.
Section 61.1(b)(6) Flight training.
In Notice No. 95-11, the term ``flight training'' was defined as
training other than ground training received from an authorized flight
instructor in actual flight in an aircraft.
Comments: For the same reasons expressed in its comment on the use
of the term ``actual flight'' in defining cross-country time, AOPA
opposes the use of the term in the definition of ``flight training.''
SSA does not object to this definition, but notes that it narrows the
``perception of dual time,'' which could include simulators.
FAA Response: The intent of the section is to ensure more
consistent use of terms throughout part 61. The FAA believes the
definition achieves this goal and should be adopted as proposed with a
modification to remove any distinction between flight and actual flight
in response to commenters' concerns.
Section 61.1(b)(7) Flight training device.
The FAA has modified the current definition of ``flight training
device,'' as set forth in Amendment No. 61-100, to include all
categories of aircraft.
Section 61.1(b)(8) Ground training.
In Notice No. 95-11, the term ``ground training'' is defined as
training other than flight training received from either an authorized
ground instructor or an authorized flight instructor. However, the FAA
has modified the definition in the final rule to replace the phrase
``authorized ground or flight instructor'' with the term ``authorized
instructor.'' This change was discussed in the analysis of
Sec. 61.1(b)(2). Except for this change, the definition is adopted as
proposed. No substantive comments were received.
Section 61.1(b)(9) Instrument approach.
Notice No. 95-11 described the instrument approach as an approach
procedure, defined in 14 CFR part 97, conducted to an established
minimum descent altitude (MDA) or decision height (DH) or, if
necessary, to a higher altitude selected by the air traffic control
(ATC) facility with jurisdiction over that airspace for safety reasons.
Comments: AOPA believes that there is a potential conflict between
the proposed definition of ``instrument approach'' in Sec. 61.1a(i) and
the instrument proficiency requirements of Sec. 61.57(c)(1)(i) because
the definition requires that the approach be flown to MDA or DH. The
commenter also is concerned that under the proposed definition, an
approach not flown to MDA or DH could be logged only if ATC considered
it unsafe. AOPA believes that a pilot is in a better position to
determine safety issues. AOPA also points out that the majority of
training flights are conducted in VFR conditions with the aid of air
traffic services. According to the commenter, the proposal would pose
an economic and safety threat by forcing pilots to continue an approach
under unsafe conditions in order to log it and avoid the cost of
repeating the approach, or to terminate the approach for safety reasons
before it could be logged.
NAFI also opposes the wording in this provision, because a typical
descent in which the aircraft breaks out of the overcast before
reaching MDA would not be loggable.
Some individual commenters also state that this definition may be
overly restrictive, because practice approaches often are conducted
under VFR and without involvement of ATC. These commenters state that
the pilot, safety pilot, or flight instructor may determine the need to
terminate the approach prior to reaching MDA or DH for safety reasons.
Another commenter states that it is beneficial for beginning instrument
students to complete some approaches visually so they better understand
issues related to transitioning from instruments to visual flight. That
commenter also indicates that in approaches conducted under IFR, pilots
may sight the airport or runway prior to reaching MDA or DH if weather
conditions permit. One commenter suggests revising the definition to
permit the pilot to terminate the approach prior to DH or MDA for
safety reasons. Another commenter proposes to define ``instrument
approach'' as `` * * * an approach procedure defined in part 97 and
conducted in accordance with that procedure or as directed by ATC to a
point beyond an initial approach fix defined for that procedure.'' The
commenter explains that this definition would allow for logging
instrument approaches that require some portion of the published
approach procedure to be followed in order for the pilot to establish
visual references to the runway. The commenter suggests that for
specific purposes such as training or currency requirements, the term
could refer to descent to the MDA or DH, or to the
[[Page 16236]]
missed approach point, which may occur after the MDA is reached.
FAA Response: To address the public's concerns, the definition of
``instrument approach'' was modified to remove any requirement that the
approach be conducted to DH, MDA, or to a higher altitude selected by
ATC in order to be considered an instrument approach.
Section 61.1(b)(10) Instrument training.
Notice No. 95-11 defines instrument training as that time in which
instrument training is received from an authorized flight instructor
under actual or simulated instrument flight conditions.
Comments: One commenter expresses concern regarding the lack of a
sufficient provision for training conducted in simulators, and suggests
a definition for ``simulated flight'' and for ``instrument training,''
which would encompass training received in a flight simulator or flight
training device. Another commenter states that the proposed definition
does not refer to authorized ground instructors.
FAA Response: Training received in flight simulators is outside the
scope of the rule, and is addressed in another rulemaking project
(Notice No. 92-10), as explained in section II. The term ``authorized
instructor'' is used as explained in the analysis of Sec. 61.1(b)(2),
and the definition of instrument training has been modified to reflect
this change.
Section 61.1(b)(11) Knowledge test.
The term ``knowledge test'' replaces ``written test,'' because the
FAA believes the term ``knowledge test'' is a more inclusive term that
incorporates the use of computer testing on the aeronautical knowledge
areas in part 61. No substantive comments were received, and the
definition is adopted as proposed.
Section 61.1(b)(12) Pilot time.
The FAA inadvertently failed to discuss this proposed definition in
the NPRM preamble. However, in response to requests for legal
interpretations as to what constitutes ``pilot time,'' the FAA included
the definition of ``pilot time'' in the proposed rule.
Comments: A commenter expresses strong opposition to the inclusion
of training given in an approved flight simulator or approved flight
training device in the proposed definition of ``pilot time.''
FAA Response: Since the early 1980's, the FAA has recognized the
importance of flight simulators and flight training devices, and has
issued over 30 exemptions to provide for the use of simulators and
flight training devices. Therefore, the final rule reflects established
FAA policy.
Section 61.1(b)(13) Practical test.
The proposed definition included both oral and flight testing or
testing in an approved flight simulator or flight training device on
the areas of operation for an airman certificate, rating, or
authorization. The definition is changed in the final rule to remove
the reference to ``actual flight.'' Except for this change, the
definition is adopted as proposed. No substantive comments were
received.
Section 61.1(b)(14) Set of aircraft.
The FAA has modified the current definition originally set forth in
Amendment No. 61-100 from ``set of airplanes or rotorcraft'' to ``set
of aircraft'' to include all categories of aircraft.
Section 61.1(b)(15) Training time.
Notice No. 95-11 discussed ``training time'' as training received
in actual flight from an authorized flight instructor, on the ground
from an authorized ground or flight instructor, or in a flight
simulator or flight training device from an authorized ground or flight
instructor.
Comments: AOPA opposes the use of the term ``actual flight'' in the
definition of ``training time'' because it effectively excludes taxi,
run-up, takeoff, and landing roll as loggable flight time. According to
AOPA, this unloggable time could be significant if full-stop landings
are required for currency training.
FAA Response: The definition of ``training time'' was modified in
the final rule to remove any distinction between flight and actual
flight. Taxi and run-up time performed for the purpose of flight can be
logged as training time.
Section 61.2 Certification of foreign pilots, flight instructors, and
ground instructors.
In Notice No. 95-11, the FAA proposed to revise Sec. 61.2 to
include a provision for ground instructor certificates. As previously
noted, Amendment No. 61-100 redesignated this section as current
Sec. 61.3. The FAA also proposed to permit a person who is not a
citizen of the United States or a resident alien of the United States
to: (1) complete a knowledge or practical test outside the United
States; (2) be issued an additional category, class, instrument, or
type rating, as applicable on a U.S. pilot certificate; and (3) be
issued an additional renewal, or reinstatement of a category, class, or
instrument rating for a U.S. flight instructor or ground instructor
certificate.
Comments: ALPA expresses concern over proposed Sec. 61.2, which,
the commenter states, makes it easier for a person who is neither a
U.S. citizen nor a resident alien to obtain a U.S. pilot certificate.
ALPA urges further amendment of this regulation as follows: ``A
certificate issued under this subsection may not permit the holder to
serve as a required crewmember on an aircraft in the commercial
operations of a U.S. carrier.'' ALPA cites ``the need to protect
quality piloting jobs for U.S. citizens and resident aliens.''
According to ALPA, future growth in U.S. air carrier operations will be
on international routes, and there are indications that U.S. carriers
are considering hiring noncitizen, nonresident aliens as flight crew
for these operations.
AOPA opposes the wording of proposed Sec. 61.2 because it appears
that the current regulation has been changed to the detriment of
foreign pilots seeking U.S. certification. According to AOPA, the
proposed language places a different emphasis on the word ``need,''
implying that the discretion to determine whether a pilot really
``needs'' a certificate is left to the Administrator. The commenter
recommends retaining the original language. It is AOPA's position that,
instead of attempting to limit the issuance of U.S. pilot certificates
to foreign airmen, the FAA should aggressively pursue reciprocal rights
for U.S. certificated pilots in foreign countries because U.S.
certificates are not normally recognized as the equivalent of
certificates issued in other countries.
FAA Response: The FAA notes ALPA's concerns but does not find the
commenter's specific proposal to be within the scope of this
rulemaking. As explained in the preamble to Notice No. 95-11, the
existing provisions of Sec. 61.2 limit U.S. training and airplane
manufacturing companies from expanding their business into the
international aviation market. The proposed rule was written to address
this problem. With regard to AOPA's comment concerning the language of
the proposed rule, the FAA finds that the proposed rule does not differ
substantively in this regard from the existing rule. The rule is
adopted as proposed.
[[Page 16237]]
Section 61.3 Requirement for certificates, ratings, and
authorizations.
As previously noted, Amendment No. 61-100 redesignated this section
as current Sec. 61.5.
Section 61.3(a) Pilot certificate.
The FAA clarified the requirement in Sec. 61.3(a) that a pilot
certificate must be in the person's ``personal possession'' whenever
the person exercises the privileges of the certificate.
Comments: ALPA supports the requirements of proposed Sec. 61.3(a)
on the possession of certificates.
HAI comments that while the loss of a pilot certificate during a
trip may be considered remote, it has occurred. The commenter contends
that because the loss of a certificate does not affect the safety of an
operation, a pilot should not be unduly penalized. HAI recommends
modifying Sec. 61.3(a) to provide an exception in the case of
operations under part 121 or part 135 where a procedure has been
approved for interim operations after the accidental loss of a pilot
certificate. HAI notes that while the conditions for granting an
approval for such a procedure for part 121 and 135 operators are beyond
the scope of Notice No. 95-11, the proposed exception can be
implemented immediately, and details associated with the procedures
could be included in an AC or in FAA handbook material, pending the
determination of the need to change part 121 or part 135.
EAA and NAFI oppose the proposal and contend that pilot records can
be obtained at any time through the use of computers and electronic
media. These commenters do not believe the proposal will enhance safety
and, instead, might expose pilots to inadvertent violations and
enforcement actions. EAA also states that under the proposal, pilots
who lose their certificates on a cross-country flight would be unable
to return home.
It is AOPA's position that, although proposed Sec. 61.3 is a slight
improvement over the existing regulation, the FAA should withdraw this
requirement entirely. AOPA recommends that the FAA qualify the language
in Sec. 61.3 concerning ``required crewmember'' to state that the
instructor may not act as a ``crewmember required under the aircraft's
type certificate'' without a valid medical certificate. AOPA believes
that this modification would permit a flight instructor to provide
instrument instruction and act as a safety pilot under the regulations
without a medical certificate.
One individual commenter agrees with the need for clarification,
but states that the proposal still is ambiguous. He states that
``physical possession'' should be defined in Sec. 61.1a or replaced
with ``a valid airman certificate in the aircraft and readily
accessible when exercising * * *''
FAA Response: The FAA is persuaded by the public comments that
contend the proposed section could create difficulties in certain
situations. As provided for in Sec. 61.29, the FAA will permit a pilot
to use a facsimile received from the FAA to satisfy the requirements of
Sec. 61.3(a). In response to AOPA's comment regarding instructors who
act as safety pilots not being required to have a medical certificate,
the FAA notes that Sec. 91.109 specifies that a safety pilot is
required to conduct simulated instrument flight, which makes the safety
pilot a required crewmember. Therefore, an instructor in such
situations would be required to hold a medical certificate. In
addition, AOPA requests that safety pilots operating under Sec. 91.109
be excepted from holding medical certificates. The FAA has decided not
to address this request here, as it is beyond the scope of this
rulemaking.
Section 61.3(b) Required pilot certificate for operating a foreign
registered aircraft.
In Notice No. 95-11, the FAA proposed formatting and editorial
changes to this paragraph. The rule change addresses the pilot
certificate requirements for operating aircraft of foreign registry
within the United States, and is adopted as proposed. No substantive
comments were received.
Section 61.3(c) Medical certificate.
This section was clarified in Notice No. 95-11, and set forth the
requirements for persons to have their medical certificate in their
physical possession or readily accessible in the aircraft. It also
specifically identified when it is permitted for persons not to have
their medical certificate in their physical possession or readily
accessible in the aircraft.
Comments: HAI suggests modifying proposed Sec. 61.3(c)(1)(ii) to
cover the accidental loss of a medical certificate. Similarly, GAMA
suggests adding the language ``except for renewal or replacement'' to
proposed Sec. 61.3(c)(1)(ii).
Approximately 30 commenters address proposed medical certification
requirements from the point of view of glider operations, nearly all of
them in favor of Notice No. 95-11. Most commenters feel the proposal
confirms that medical certificate requirements would continue not to
apply to glider pilots, a policy they support. ASA, SSA, AOPA, and EAA
support retaining medical self-evaluation for glider pilots. ASA states
its opposition to the imposition of any standards for medical self-
evaluation, while SSA opposes the listing of disqualifying conditions.
AOPA states that by not including powered gliders in proposed
Sec. 61.3(c)(2)(i), the FAA will be revoking the currently held
privilege of operating powered gliders without a medical certificate.
AOPA is unaware of any documented problem with medical incapacitation-
related accidents for powered gliders that could justify implementation
of a new medical certificate requirement for this group of airmen. NAFI
also states that powered gliders should be included in this regulation.
FAA Response: The FAA has considered the public comments that
indicate the proposed section could create difficulties for certificate
holders who are awaiting the replacement of lost or destroyed
certificates. Therefore, the phrase ``or other documentation acceptable
to the Administrator'' has been added to the final rule. With regard to
AOPA's concern over medical certificate requirements for pilots flying
powered gliders, as explained in section IV,F, the FAA is not adopting
the proposed separation of the glider category into powered and
nonpowered classes.
However, for reasons discussed in section IV,A of this preamble,
the final rule includes medical certificate requirements for
recreational pilots, and student pilots seeking recreational pilot
certificates.
Section 61.3(d) Flight instructor certificate.
In Notice No. 95-11, the FAA clarified the requirement that a
flight instructor certificate must be in the person's ``personal
possession'' whenever the person exercises the privileges of the
certificate. This section also provided that a flight instructor
certificate is not necessary if: (1) The training is given in
accordance with a part 121 or part 135 air carrier approved training
program; (2) the training is given by the holder of an ATP certificate
under Sec. 61.169 of this part; and (3) the person receiving the
training and the person giving the training are employees of that air
carrier. This proposal also provided that a flight instructor
certificate is not necessary if the training is conducted in accordance
with the provisions of Sec. 61.41.
Comments: GAMA and AOPA are concerned that the proposal would
present problems for flight instructors
[[Page 16238]]
participating in renewal programs that require instructors to turn in
their CFI certificate when they mail in their course documentation.
AOPA believes the proposed rule could ground these instructors while
they await their certificates.
ATA states that the language in the NPRM preamble regarding
proposed Sec. 61.3 implies that a flight instructor certificate is not
necessary if the training is in accordance with a part 121 air carrier
approved training program, and the persons receiving and giving the
training are employees of the air carrier. ATA notes that many part 121
air carriers provide training to other part 121 air carriers. The
commenter recommends modifying the regulation to exclude the language
``person receiving the training'' and include a statement that would
allow a part 121 air carrier with an approved training program to train
another part 121 air carrier's pilots.
FAA Response: Based on public comments that argue the proposed
section could create difficulties in situations where flight instructor
certificates are mailed in upon completion of a renewal course, the FAA
has decided to add the phrase ``or other documentation acceptable to
the Administrator,'' which would permit a flight instructor to use a
copy of a graduation certificate from a CFI refresher course and a copy
of the completed application for renewal to meet this requirement. The
FAA also agrees with ATA's comment, because the practice that ATA
refers to is currently permitted, and the FAA did not intend to revoke
it. Therefore, the FAA has changed the final rule to permit an air
carrier conducting operations under part 121 or 135 with an approved
training program to train another air carrier's pilots. Additionally,
the FAA has added provisions stating that a flight instructor
certificate is not necessary for certain training given by the holder
of a commercial pilot certificate with a lighter-than-air rating, a
person qualified in accordance with subpart C of part 142, a person as
provided in Sec. 61.41 of this part, and the holder of a ground
instructor certificate.
Section 61.3(e) Instrument rating.
This section replaced the references to the instrument rating
needed for each class of aircraft category with the phrase
``appropriate aircraft category, class, type, and instrument rating.''
Under the proposed rule change that established an instrument rating
for airships, the existing requirement for a pilot to hold a commercial
certificate with a lighter-than-air category and airship class rating
to operate an airship under IFR or IMC was deleted. The proposal also
required pilots of gliders to hold an instrument rating for a single-
engine airplane. The FAA has decided to eliminate the proposed airship
instrument rating proposed in Sec. 61.3(k)(4). Instead, the FAA is
retaining the current requirements for pilots to possess a lighter-
than-air commercial pilot certificate with an airship rating to be
permitted to fly airships under IFR, because the FAA concluded that
operational requirements and accident/incident data did not establish a
sufficient safety justification for increased regulatory or economic
burdens resulting from the proposed change to the rule. This section is
changed to reflect the elimination of the proposed separation of
single- and multiengine instrument ratings, as well as the elimination
of the powered glider class rating, as explained in section IV,D and
section IV,F, respectively.
Section 61.3(f) Category II pilot authorization.
The proposed rule contained only editorial and format changes, and
is adopted as proposed.
Section 61.3(g) Category III pilot authorization.
The provisions set forth in current Sec. 61.5(i) as adopted in
Amendment No. 61-100 have been retained with only minor editorial and
format changes.
Section 61.3(h) Category A aircraft pilot authorization.
The proposed rule contained only editorial and format changes, and
is adopted as proposed.
Section 61.3(i) Ground instructor certificate.
The FAA proposed to include the certification of ground instructor
certificates and ratings in part 61, and replaced the phrase ``personal
possession'' with ``physical possession, or immediately accessible when
exercising the privileges'' of the ground instructor certificate.
Except for a minor modification to clarify that a ground instructor can
only provide endorsements for a knowledge test, the final rule is
adopted as proposed.
Section 61.3(j) Age limitation.
Notice No. 95-11 proposed to align the age 60 rule for pilots with
the requirements of part 121 for all U.S. and foreign pilots who are
employed by foreign carriers that operate U.S.-registered civil
aircraft. Section 121.383(c) provides that no certificate holder may
use the services of, and no person may serve as, a pilot under part 121
if that person has reached his or her 60th birthday. That section,
however, applies only to pilots serving with U.S. air carriers
certificated under part 121. There are some U.S.-registered aircraft
operated by non-U.S. air carriers. Under Annex 1 to the Convention on
International Civil Aviation, the pilots of these aircraft must hold
U.S. pilot certificates or a U.S. validation of their foreign pilot
license. The special purpose pilot authorization under Sec. 61.77
provides for validation of a foreign license and applies an age 60
limitation similar to that in part 121. However, there has not been an
age 60 rule applied to the holders of regular U.S. pilot certificates
while operating U.S.-registered aircraft for non-U.S. air carriers.
This rule provides such a limitation.
In operations specifications issued under part 129, the FAA does
require that foreign air carriers under part 129 apply to their pilots
in command the age 60 limitation in Annex 1. This applies only to
operations in the United States, however, and does not apply to seconds
in command. It also applies to all airplanes operated by the foreign
air carrier, not just U.S.-registered airplanes. Section 61.3(j)
applies to all pilots, applies to certain operations both inside and
outside the United States, and applies only to the operation of U.S.-
registered airplanes.
Section 61.3(j) proposed to apply the age 60 rule to specific
operations, including any scheduled international air services,
nonscheduled international air transportation, or common carriage
operations for compensation or hire in civil airplanes having a (1)
passenger seating configuration of more than 30 seats, excluding any
required crewmember seat, or (2) payload capacity of more than 7,500
pounds. This was arrived at by merging the operations covered at that
time by the part 121 age 60 rule, and those operations covered by the
Annex 1 age 60 standard. Part 121 included scheduled and nonscheduled
operations of civil airplanes having a passenger seating configuration
of more than 30 seats, excluding any required crewmember seat, and all-
cargo operations with airplanes having a payload capacity of more than
7,500 pounds. The Annex 1 standard covers aircraft engaged in scheduled
international air services and nonscheduled international air
transportation operations for remuneration or hire.
However, since Notice No. 95-11, the applicability of part 121 has
been amended to include certain commuter
[[Page 16239]]
airplanes (60 FR 65832; December 20, 1995.) In order to align
Sec. 61.3(j) with part 121, as was proposed, this final rule applies to
the following:
(i) Scheduled international air services carrying passengers in
turbojet-powered airplanes;
(ii) Scheduled international air services carrying passengers in
airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat;
(iii) Nonscheduled international air transportation for
compensation or hire in airplanes having a passenger-seat configuration
of more than 30 passenger seats, excluding each crewmember seat; or
(iv) Scheduled international air services, or nonscheduled
international air transportation for compensation or hire, in airplanes
having a payload capacity of more than 7,500 pounds.
``International air service'' is defined as in Article 96 of the
Convention of International Civil Aviation (Chicago Convention) as
scheduled air service performed in airplanes for the public transport
of passengers, mail, or cargo in which the service passes through the
air space over the territory of more than one country. ``International
air transportation'' is defined as air transportation performed in
airplanes for the public transport of passengers, mail, or cargo in
which the service passes through the air space over the territory of
more than one country.
In the part 121 amendment, the FAA delayed the compliance date for
pilots on operations that were not subject to an age limitation in the
past but now are subject to the age 60 rule (see 60 FR 65843, as
amended, 61 FR 2608; January 26, 1996). Because Sec. 61.3(j) is a new
age limitation, and does not just add additional operations to an
existing age limit, the FAA is applying the same delayed implementation
dates to all operations. However, until December 20, 1999, a person may
serve as a pilot in operations covered by this paragraph after that
person has reached his or her 60th birthday, if, on March 20, 1997,
that person was employed as a pilot in operations covered by this
paragraph.
While Notice No. 95-11 proposed to align the age 60 limitation in
Sec. 61.3(j) with that in part 121, at that time the changes to part
121 had not been made final, and Notice No. 95-11 did not specifically
include the new part 121 airplanes. Accordingly, the FAA invites
comments on the inclusion of additional airplane operations under
Sec. 61.3(j).
Comments: Five comments were received. One commenter supports
clarifying the age 60 rule. Another commenter objects that the age 60
rule is an operational rule and should not appear in part 61 because it
does not constitute a general aviation rule. Two commenters state that
they believe the safety benefits of an age 60 limitation is not
established, and three commenters note that the age 60 rule has been
challenged in court.
FAA Response: The FAA has treated the age 60 rule in the past as
both an operational rule (Sec. 121.383(c)) and a certification rule
(Sec. 61.77). Annex 1 places the limitation in its certification
standards. Part 61 contains not only general aviation rules, but also
rules that apply to airline transport pilots and commercial pilots. The
FAA has decided to include the age limitation in Sec. 61.3(j) as a
convenient location where affected persons may easily find it.
Recently the FAA reconsidered the age 60 rule and decided not to
propose to change it (60 FR 65977; December 20, 1995). There is no
reason to reexamine that decision at this time. While a petition for
review of that decision has been filed in the United States Court of
Appeals, there is no need to further delay implementation of age
limitations.
Section 61.3(k) Special purpose pilot authorization.
The proposed rule required pilots who hold a special purpose pilot
authorization issued in accordance with Sec. 61.77 to have that
authorization in their possession in the aircraft when exercising the
privileges of that authorization. The rule is adopted as proposed. No
substantive comments were received.
Section 61.3(l) Inspection of certificate.
This section, as proposed, permitted certain exceptions during the
proposed 2-year transition period for the implementation of flight
instructor certificates in the lighter-than-air category. Because those
ratings have not been adopted in the final rule, proposed paragraph (k)
has been withdrawn. Proposed paragraph (l) is adopted as proposed. No
substantive comments were received.
Section 61.4 Approval of simulators and flight training devices.
Although this section was not proposed in Notice No. 95-11, it was
set forth in Amendment No. 61-100. It is modified to refer to the
approval of flight simulators and flight training devices. The current
section has been revised to provide that any device used for flight
training, testing, or checking that has been found to be acceptable to
or approved by the Administrator prior to August 1, 1996, is considered
to be a flight training device, provided it can be shown to function as
originally designed and is used for the same purpose for which it was
originally accepted or approved. The FAA notes that only devices that
were accepted in accordance with AC No. 61-66, ``Annual Pilot in
Command Proficiency Checks,'' may be used to satisfy the requirements
of Sec. 61.56. All other devices may be used only to the extent to
which they had received acceptance or approval prior to August 1, 1996.
This final rule also includes a provision stating that the
Administrator may approve devices other than flight simulators or
flight training devices for specific purposes.
Section 61.5 Certificates and ratings issued under this part.
The FAA proposed significant changes to this section. The FAA has
decided to withdraw the conversion provisions proposed in paragraphs
(e) through (h) from the final rule because the ratings proposed in
those paragraphs were not adopted.
Section 61.5(a)
In Notice No. 95-11, the FAA proposed to include the ground
instructor certificate in part 61. The specific provisions regulating
the ground instructor certificates are discussed in the section-by-
section analysis of Secs. 61.211-61.217.
Section 61.5(b)
Section 61.5(b) proposed to establish a powered-lift category
rating; an instrument rating for powered-lifts, nonpowered, and powered
class ratings under the glider category; separate instrument ratings
for single-engine and multiengine airplanes; and an instrument rating
for airships. As discussed in section IV,D and section IV,F, the
proposals for a powered-lift category rating and an instrument rating
for powered-lift are adopted. As previously discussed in section IV,F,
the FAA has decided to withdraw the proposals for separate ratings
under the glider category, separate instrument ratings for single-
engine and multiengine airplanes, and an instrument rating for
airships.
In Notice No. 95-11, the FAA proposed to delete from this paragraph
the word ``small'' in the reference to turbojet airplanes in the
paragraph that applies to aircraft type ratings. The FAA also proposed
to eliminate the reference to AC No. 61-1, ``Aircraft Type Ratings.''
The reference is obsolete because the AC has been revised. The list of
type ratings is incorporated into AC No. 61-89D, ``Pilot Certificates:
[[Page 16240]]
Aircraft Type Ratings,'' which also consists of type-rating curricula.
The FAA is adopting the proposed changes in the final rule.
The FAA proposed to delete from this paragraph the specific
reference to type ratings in small helicopters for pilots with ATP
certificates. The FAA is adopting this change in the final rule.
Section 61.5(c)
In Notice No. 95-11, the FAA proposed to establish the following
ratings for flight instructor certificates: a powered-lift category
rating, lighter-than-air category and class ratings, powered and
nonpowered glider class ratings, and instrument ratings for airship,
single-engine and multiengine airplanes, and powered-lift. For the
reasons discussed in section IV,C and section IV,F, the lighter-than-
air category and class ratings, and glider class ratings for the flight
instructor certificate are withdrawn. For the reasons delineated in
section IV,D, the separate instrument instructor ratings for airships
and single-engine and multiengine airplanes also are withdrawn. The
powered-lift category rating and instrument rating are adopted as
proposed. The powered-lift category proposal is discussed in section
IV,F.
Section 61.5(d)
Notice No. 95-11 revised ground instructor certificates to
distinguish ratings on the basis of aircraft category (airplane,
rotorcraft, glider, lighter-than-air, glider, and powered-lift).
Comments: AOPA opposes the change from the current ground
instructor certificates (basic, advanced, and instrument) to the
proposed ratings.
FAA Response: After further review, the FAA has decided to retain
the current ground instructor ratings. The FAA found that operational
requirements and accident/incident data do not establish sufficient
safety justification for the increased regulatory and economic burden.
Section 61.7 Obsolete certificates and ratings.
In Notice No. 95-11, the FAA proposed to revise Sec. 61.7 by adding
a new paragraph (c) that would list five certificates and ratings that
were proposed to be eliminated. However, the FAA has decided not to
adopt separate classes of airplane instrument ratings, separate the
glider category into a powered or nonpowered class rating, or establish
new ground instructor ratings, because there is insufficient safety
justification for the increased regulatory and economic burden. No
substantive comments were received regarding this section, and except
for the above changes, the final rule is adopted as proposed.
Section 61.9 [Reserved.]
In Notice No. 95-11, the FAA proposed that this section be titled
``Written syllabus for conducting training.'' The FAA also proposed to
require that training under part 61 for any airman certificate be
conducted according to a written syllabus. Under the proposal,
instructors were responsible for ensuring that the syllabus contained
all knowledge areas and areas of operation appropriate to the
certificate and rating sought, and that the student completed all
applicable lessons prior to receiving any endorsements. A copy of the
syllabus was required to be furnished to the student, and an itemized
written record of training also was required to be provided whenever a
student completed the curriculum or terminated training.
Comments: NAFI recognizes the benefits of a written syllabus, but
opposes the proposal because of the associated recordkeeping
requirements and enforcement potential. NAFI states that the
recordkeeping requirements are onerous, and the time limits for the
retention of these records are not specified. According to NAFI, the
proposal would make instructors liable for enforcement action and
litigation in the event a training syllabus is lost. NAFI believes that
the PTS is a sufficient guide to ensure coverage of training
requirements.
NATA states that the proposed written syllabus requirement is a
good concept, but the commenter also opposes the proposal because of
the recordkeeping requirements. NATA recommends that the references in
proposed Sec. 61.9(a) (1) and (2) to providing total training or lesson
time schedules to a student pilot be omitted in order to lessen the
pressures on students and instructors to complete training within a
time frame. To ensure the use of a written syllabus, NATA proposes that
student pilots be required to submit the written syllabus to the
designated examiner during the practical test.
AOPA agrees in principle that most flight training should be
organized into a format that ensures each student is taught the
necessary aeronautical skills. The commenter, however, opposes the
proposed written syllabus requirement and the associated recordkeeping
and transfer requirements. According to AOPA, the FAA does not provide
any justification for the burdens of the proposal. The commenter is
also concerned about the liability implications of proposed
Secs. 61.9(a)(1) and 61.9(c) for flight instructors. According to AOPA,
the proposals may create a de facto contractual relationship between
the instructor and the student to provide flight or ground instruction
in a specific amount of time. AOPA points out that each student is
different, and these differences may not be apparent at the beginning
of a syllabus curriculum. The commenter believes that it would be
better to provide the prospective student with a copy of the PTS for
the certificate or rating sought and to familiarize the student with
the standards to which he or she will be expected to perform.
AOPA also opposes the recordkeeping requirements of this provision.
The commenter states that proposed Sec. 61.9(f) creates strict
liability compliance on the part of the instructor by requiring the
instructor to provide the student with an itemized written record of
the training accomplished when the student decides to terminate
training. AOPA notes that the student is not obligated to give notice
of his or her decision to terminate training to the instructor. AOPA
believes that the current required logbook entries are sufficient
documentation and that no further regulation is necessary. According to
the commenter, the recordkeeping requirements also represent a
significant addition of time and costs to training without any increase
in safety.
HAI comments that the proposed written syllabus requirement is a
good concept, but that it will create difficulties for both flight
instructors and flight schools because of the training time constraints
and recordkeeping requirements, especially because there are many part-
time and occasional students with special requirements. HAI recommends
deleting any references to the instructor providing total training or
lesson time to a student pilot.
SSA opposes the proposed written syllabus requirement in its
current form. SSA contends that glider instruction is unique in that it
is virtually impossible to follow a written syllabus. Glider
instructors cannot predict the training time of each flight, the length
of total training time, the maneuvers and procedures that will maximize
each training session, or the knowledge areas that will be covered on
each flight because of weather constraints and scheduling realities.
SSA also states that glider school operators feel it is unreasonable to
present students with a complete package prior to beginning training
because many students do not progress past the first flight.
[[Page 16241]]
GAMA supports requiring flight instructors to use a written
syllabus for pilot training. GAMA comments that, while the
recordkeeping requirements may appear somewhat burdensome, the benefits
to safety outweigh the administrative burden. According to GAMA, a
written syllabus would improve communication between the student and
instructor, and it would contribute to a higher quality of training.
The commenter also believes that the syllabus could prove useful to
accident investigators and other safety personnel in understanding a
pilot's training background. GAMA notes, however, that the training
records should not be used for enforcement purposes.
Several individual commenters also cite concerns about burdensome
recordkeeping, and one states that the PTS are sufficient to follow.
One commenter suggests that the FAA publish an AC on the issue rather
than adopting a regulation. One commenter states that the proposed
requirement for the syllabus to contain planned training times for
lessons are impossible to determine for all students; another adds that
specifying planned training times could be misconstrued as a written
contract. Comments supporting the proposal state it would cut down on
unprepared instructors and would promote an organized, logical approach
toward meeting certification and rating requirements. One commenter
supports the proposal for use of a written syllabus, but opposes the
associated recordkeeping requirements as unnecessarily burdensome. On a
related issue, another commenter stated that the current requirement
for flight instructors to retain records for 3 years is unnecessary.
FAA Response: After further review of the proposal, the FAA has
concluded that operational requirements and the accident/incident data
do not establish a sufficient safety justification for the increased
regulatory and economic burden resulting from the proposed rule.
Therefore, the proposal has been withdrawn.
Section 61.11 Expired pilot certificates and reissuance.
Minor editorial and format changes were proposed for this section.
No substantive comments were received, and the final rule is adopted is
proposed.
Section 61.13 Issuance of airmen certificates, ratings, and
authorizations.
In Notice No. 95-11, the FAA proposed to replace the title of
Sec. 61.13, ``Application and qualification,'' with ``Awarding of
airman certificates, ratings, and authorizations,'' and to revise the
format of this section.
The significant proposed changes in this section were as follows:
(1) Replacement of the phrase ``flight proficiency requirements'' with
``approved areas of operation''; (2) deletion from this section of the
rule's provision that permits the use of aircraft for a practical test
that cannot perform all of the approved areas of operation for that
practical test because of limitations listed in that aircraft's type
certificate; and (3) clarification that a limitation placed on a
person's airman certificate may be removed if the pilot demonstrates to
an examiner satisfactory proficiency in the area of operation for which
the airman certificate and rating are sought.
For reasons of clarity, the final rule changes the proposed section
title word ``awarding'' to ``issuance''. Except for these and other
editing changes applicable to Category III operations and the use of
approved flight simulators and approved flight training devices, the
final rule is adopted as proposed. No substantive comments were
received.
Section 61.14 Refusal to submit to a drug test.
In Notice No. 95-11, the FAA inadvertently set forth the pre-March
1994 regulatory language contained in Sec. 61.14.
Comments: In its comments, AOPA opposes proposed Sec. 61.14(b)
because it seems to allow certificate action against any person who
refuses to take a drug or alcohol test, regardless of whether the
person is required under the rule to take a test. While AOPA believes
that the intent of this rule is obvious, it is uncomfortable with the
removal of the qualifying language and recommends retaining the current
language. NAFI also comments about this proposed section, and states
that courts have made determinations equating an adulterated test
sample with refusal to take a test. NAFI is concerned that, because
test samples might be adulterated in many ways other than by the person
taking the test, the wording of the regulation might place pilots at
risk of a violation and certificate revocation ``for reasons beyond
their control.''
FAA Response: As previously noted, no modifications were intended
for Sec. 61.14. The final rule sets forth the existing regulation in
its correct form.
Section 61.15 Offenses involving alcohol or drugs.
No modifications were proposed for this section.
Section 61.16 Refusal to submit to an alcohol test or to furnish test
results.
In Notice No. 95-11, the FAA proposed an editorial change to
correct the reference to Sec. 91.11(c) in the existing rule to
Sec. 91.17(c). The final rule is adopted as proposed.
Section 61.17 Temporary certificate.
In the preamble to Notice No. 95-11, the FAA proposed to revise
this section to include the ground instructor certificate. Although the
actual revision to the rule language was omitted inadvertently from the
proposed rule, the final rule includes the appropriate references to
the ground instructor certificate. The proposed rule also made some
minor editorial changes. No substantive comments were received on this
proposal, and it is adopted as proposed.
Section 61.19 Duration of pilot and instructor certificates.
In Notice No. 95-11, the significant proposed changes in this
section were: a change in the title of proposed Sec. 61.19 from
``Duration of pilot and flight instructor certificates'' to ``Duration
of pilot and instructor certificates''; deletion of the existing rule's
language specifying that a flight instructor certificate is only
effective when accompanied by a medical certificate appropriate to the
privileges being exercised; inclusion of ground instructor certificates
under part 61; and the addition of the language ``or otherwise
terminated'' to the list of conditions under which a certificate may be
terminated.
Comments: AOPA supports the inclusion of ground instructor
certificates without a specific expiration date, but objects to, and
requests the deletion of, the language ``or otherwise terminated'' in
proposed Sec. 61.19(f). AOPA states that the law provides protective
procedures in the event of suspension or revocation, and the commenter
is unaware of any method of certificate termination other than the
methods specified in the existing rule. Individual commenters also
express concern about the addition of the new language.
FAA Response: After further review and in response to the
objections of AOPA and some individual commenters, the final rule
deletes the proposed language ``or otherwise terminated.'' Except for
this change, the final rule is adopted as proposed.
[[Page 16242]]
Section 61.21 Duration of a Category II and a Category III pilot
authorization (for other than part 121 and part 135 use).
The FAA proposed minor editorial and format changes to Sec. 61.21.
No substantive comments were received, and, except for editorial
changes to include references to Category III operations, the final
rule is adopted as proposed.
Section 61.23 Medical Certificates: Requirement and duration.
The FAA proposed to change the title of this section from
``Duration of medical certificates'' to ``Duration and requirement for
a medical certificate'', and to redesignate the paragraphs within it.
Proposed paragraph (a) set forth the duration of each class of
medical certificate, and proposed paragraph (b) set forth the medical
certificate requirements for each type of pilot operation. Proposed
paragraph (b)(3)(iii) clarified the existing requirement that a person
who is exercising the privileges of his or her flight instructor
certificate while serving as a pilot in command, or as a required
crewmember, must hold a third-class medical certificate. However, if
the flight instructor is not serving as pilot in command or as a
required crewmember, then that person would not be required to hold a
medical certificate. The FAA proposed in paragraphs (b)(4)(i) and
(b)(4)(ii) to permit student pilots who are seeking a recreational
pilot certificate and certificated recreational pilots to operate on
aircraft without holding a medical certificate, provided they have an
application for an airman certificate on file with the FAA that
certifies they do not have any known medical deficiencies that would
make them unable to pilot the aircraft. The proposal also afforded
higher-certificated pilots exercising the privileges of a recreational
pilot certificate these same privileges.
The FAA also proposed editorial and format changes to the paragraph
concerning the duration of medical certificates.
Comments: NAFI supports the proposal to permit flight instructors
to teach with only a third-class medical certificate. NAFI and AOPA
express support for permitting flight instructors to teach without a
medical certificate if the instructor is not acting as a required
crewmember or pilot in command. AOPA, however, believes there is a
discrepancy that is potentially unfair. The commenter points out that
Sec. 91.109 requires a safety pilot any time a civil aircraft is
operated in simulated instrument flight, and, under these
circumstances, AOPA contends that the safety pilot becomes a required
crewmember. According to AOPA, an instructor becomes a required
crewmember as soon as a pilot receiving instruction puts on a hood or
other vision-limiting device. Therefore, AOPA reasons that a flight
instructor who does not possess a medical certificate cannot give any
form of instruction involving flight by reference to instruments under
simulated instrument conditions. The commenter recommends permitting an
instructor to act as a safety pilot without a medical certificate.
GAMA, NATA, HAI, and AOPA oppose the language of proposed
Sec. 61.23 concerning the duration of the different classes of medical
certificates, and recommend retaining the current language of the
regulation. NATA believes the proposed language is unclear and could
lead to misinterpretations. Other individual commenters have echoed
this position and state that, under the proposed language, it appears
that if a pilot's first-class medical certificate expires, the pilot
will not be able to exercise the privileges of pilot certificates
requiring second-class and third-class medical certificates.
FAA Response: In the final rule, the title was changed to ``Medical
Certificates: Requirement and duration,'' and the section was further
reformatted and edited. The FAA reviewed AOPA's concerns regarding the
ability of flight instructors to act as safety pilots without medical
certificates. The FAA has determined that safety requires all required
crewmembers, including safety pilots, to possess valid medical
certificates.
The FAA agrees with the concerns of GAMA, NATA, HAI, and AOPA
regarding problems in the proposed language for the duration of medical
certificates and has modified the final rule to restore the provisions
of the existing rule. The FAA has also retained its proposal to require
that an applicant for a private, commercial, or ATP certificate possess
only a third-class medical certificate; but after further review, has
determined that the medical certificate requirements that were proposed
to be contained in the eligibility requirements listed under each pilot
certificate subpart should be placed in Sec. 61.23. The purpose of this
change is to reflect the FAA's position that a medical certificate
applies to the type of pilot operation being conducted.
Most commenters support the FAA's proposal, which provides that
applicants would only need a third-class medical certificate to be
eligible to apply for a private, commercial, airline transport pilot,
or flight instructor certificate. This change also was made in
Sec. 61.39, but is discussed here. These commenters feel that the
proposal would encourage pilots to seek advanced training, even if they
did not intend to exercise the privileges of the higher certificate.
AOPA, GAMA, and NAFI support permitting applicants for a commercial or
ATP certificate to hold only a third-class medical certificate. Like
the other commenters, these associations felt that the proposal would
encourage training toward advanced certificates and would improve
safety.
With respect to the holding of medical certificates by a flight
instructor, the FAA has determined that the compensation a certificated
flight instructor receives for flight instruction is not compensation
for piloting the aircraft, but rather is compensation for the
instruction. A certificated flight instructor who is acting as pilot in
command or as a required flight crewmember and is receiving
compensation for his or her flight instruction is only exercising the
privileges of a private pilot. A certificated flight instructor who is
acting as pilot in command or as a required flight crewmember and
receiving compensation for his or her flight instruction is not
carrying passengers or property for compensation or hire, nor is he or
she, for compensation or hire, acting as pilot in command of an
aircraft. Therefore, because a certificated flight instructor who is
acting as pilot in command or as a required flight crewmember and is
receiving compensation for his or her flight instruction is exercising
the privileges of a private pilot, he or she only needs to hold a
third-class medical certificate. In this same regard, the FAA has
determined that a certificated flight instructor on board an aircraft
for the purpose of providing flight instruction, who does not act as
pilot in command or function as a required flight crewmember, is not
performing or exercising pilot privileges that would require him or her
to possess a valid medical certificate under the FARs.
The changes implemented by the FAA still require a person who is
involved in pilot operations requiring an ATP certificate (i.e., part
121 air carrier operations) to hold a first-class medical certificate.
In addition, a person who is involved in pilot operations requiring a
commercial pilot certificate (i.e., part 135 on-demand operators) will
be required to hold a second-class medical certificate.
[[Page 16243]]
For reasons discussed in section IV,A of this preamble, the final
rule retains the requirement that any pilot exercising the privileges
of a recreational pilot certificate possess a third-class medical
certificate.
As a result of a legal interpretation that permits applicants and
check airmen, under parts 121 and 135, to perform the practical tests
for a type rating in a flight simulator without either person holding a
medical certificate, the FAA has modified Sec. 61.23 to permit
applicants, examiners, and check airmen to perform a practical test or
check without being required to hold a medical certificate, provided
that the test or check is only being conducted in a flight simulator or
a flight training device.
Section 61.25 Change of name.
In Notice No. 95-11, minor format and editorial changes were
proposed. No substantive comments were received. Except for a minor
editorial correction, the final rule was adopted as proposed.
Section 61.27 Voluntary surrender or exchange of certificates.
The FAA proposed to revise the format of this section. No
substantive comments were received on this proposal, and it is adopted
as proposed.
Section 61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
In Notice No. 95-11, the FAA proposed to revise the title of this
section and delete some language concerning the procedures for
replacing lost or destroyed airman or medical certificates.
Section 61.29 (a), (b), and (c)
The FAA proposed to delete the stated fee for replacement of a lost
or destroyed airman or medical certificate. The proposal also
established the procedures for obtaining copies of lost or destroyed
airman and medical certificates and knowledge test reports.
Comments: EAA and NAFI disagree with proposed Sec. 61.29 because it
does not state what the fee is for replacement of a lost certificate.
EAA believes that requiring an airman to call the Airman Certification
Branch for fee information is unreasonable. These commenters also are
concerned that the fee could be raised without sufficient public
oversight. AOPA also opposes the deletion of the fee information and
states that the rule contains no reference to where fee information can
be found. The commenter contends that it is impractical to use the mail
for the urgent replacement of an airman certificate.
FAA Response: The cost for replacement of a lost or destroyed
airman certificate, medical certificate, or knowledge test report is
contained in 14 CFR part 187. In response to commenters' concerns, the
FAA notes that any changes to part 187 would be subject to public
comment. The FAA will accept a facsimile of the letter requesting
replacement of these certificates or reports in urgent cases.
Section 61.29(d)
In the final rule, paragraph (d)(2) has been revised to incorporate
current policy, which is not to accept a post office box as part of a
permanent mailing address. Minor editorial changes were also made in
the final rule.
Section 61.29(e)
Proposed paragraph (e) provided that a person who has lost an
airman certificate, medical certificate, or knowledge test report may
obtain a facsimile from the FAA confirming it was issued. No changes
were made to this paragraph in the final rule.
Section 61.31 Type rating requirements, additional training, and
authorization requirements.
The FAA proposed several new or revised training and instructor
endorsement requirements, and deleted the provision requiring a type
rating in helicopters for operations requiring an ATP certificate. The
proposed requirements included changes in endorsement requirements,
special aircraft training, aircraft type specific training, and flight
instructor endorsements for any aircraft specified by the
Administrator.
Comments: Approximately 55 comments address issues of endorsements,
about 44 percent of which oppose the proposals, 37 percent agree, and
19 percent offer alternatives. An individual commenter also suggests an
additional requirement for an airplane pilot to have training and a
flight instructor endorsement to serve as pilot in command in an
amphibious airplane.
FAA Response: The FAA has made various clarifying changes to these
sections and modified terminology because of changes implemented
elsewhere in the rule. The commenter's proposal for an additional
requirement for amphibious airplane pilots is outside the scope of
Notice No. 95-11 and cannot be included in the rule without comment
under the standard regulatory process. In addition, the FAA has added a
paragraph describing additional training required for operating a
glider. The reasons for this action are discussed in section IV, F.
Section 61.31(a) Type ratings required.
This paragraph listed those aircraft for which a type rating is
required and is adopted without change. No substantive comments were
received.
Section 61.31(b) Authorization in lieu of a type rating.
This paragraph listed the circumstances under which a pilot may be
authorized to operate, for up to 60 days, an aircraft without holding
the appropriate type rating. The provisions are adopted without change.
No substantive comments were received.
Section 61.31(c) Aircraft category, class, and type ratings:
Limitations on the carriage of persons or operating for compensation or
hire.
This paragraph provided limitations on the carriage of persons for
compensation or hire. The provisions are adopted without change. No
substantive comments were received.
Section 61.31(d) Aircraft category, class, and type ratings:
Limitations on operating an aircraft as the pilot in command.
This paragraph provided limitations on operating an aircraft as the
pilot in command.
Comments: AOPA opposes the language in proposed Sec. 61.31(d)(1),
which states that a pilot must be ``enrolled in a course of training''
for a certificate or rating and be under the supervision and
endorsement of a flight instructor in order to operate, as pilot in
command, an aircraft for which the person does not hold category and
class privileges on his or her certificate. AOPA believes that the use
of the language ``enrolled in a course of training implies that only a
part 141 or 142 school would be able to provide this authorization.''
AOPA recommends replacing this language with words that recognize that
the airman is ``receiving training'' toward a certificate or rating. An
individual commenter also questions how a person would enroll in a
course of training not associated with part 141, as described in
proposed Sec. 61.31(d)(1). NAFI also makes the same point and proposes
that proposed Sec. 61.31(d)(1) be changed to read ``Be under the
supervision of a certified flight instructor.''
FAA Response: After considering AOPA's and NAFI's comments, the FAA
has decided to change the references from ``enrolled in a course of
training''
[[Page 16244]]
to ``receiving training'', which is more generic and avoids the
implication that a pilot must receive training in an FAA-certificated
school.
Section 61.31(e) Exceptions.
This paragraph was modified because there is no longer a separation
of powered and nonpowered glider class certificates as in the proposed
rule, for the reasons stated in section IV, F. Therefore, gliders were
added to the list of aircraft that do not require class ratings. Minor
editorial changes were also made to this paragraph in the final rule.
Section 61.31 (f) and (g) Additional training for operating complex
airplanes, and additional training for operating high-performance
airplanes.
The FAA proposed to separate endorsements for high performance and
complex aircraft. Proposed Sec. 61.31(g) replaced the current
requirement for a pilot to receive training and an endorsement in an
airplane with ``more than 200 horsepower'' to ``200 horsepower or
more''.
Comments: Some commenters object to the proposal in Sec. 61.31 that
would separate the endorsements for the operation of airplanes with
retractable landing gear, flaps, and a controllable propeller, and
airplanes with engines of 200 horsepower or more, and state that pilots
with the current endorsement should be covered by a ``grandfather''
clause.
NATA and GAMA support the proposed separation of endorsements for
complex and high-performance aircraft but oppose the proposed
definition of ``high performance.'' EAA and NAFI also object to the
proposed definition of ``high performance'' and state that the
inclusion of aircraft with 200 horsepower engines will add considerable
cost for thousands of aircraft owners. These commenters contend that
there is no safety evidence to support the proposed definition. Some
individual commenters also suggest maintaining the regulatory reference
to engines of more than 200 horsepower.
In its comment, AOPA states that the FAA has offered no
justification for the separate endorsements for complex and high-
performance aircraft, and the commenter is unaware of any serious
accident history to support the proposal. According to AOPA, the
aircraft insurance industry has effectively regulated this area by
requiring training and instruction far in excess of that proposed by
the FAA. AOPA also objects to the inclusion of aircraft with 200
horsepower engines in the definition of high performance.
FAA Response: The FAA believes the operating characteristics of
complex aircraft and high-performance aircraft are so different as to
justify separate endorsements. There are now turbine-powered aircraft
that are high-performance aircraft but that are not considered complex
aircraft. Also, training in one type of aircraft does not necessarily
transfer to training in another type of aircraft. However, the FAA
finds persuasive the commenters'' objections to the proposed change in
the requirement of ``200 horsepower or more.'' Therefore, the rule will
only require a separate endorsement for airplanes with ``more than 200
horsepower.''
Section 61.31(h) Additional training required for operating
pressurized aircraft capable of operating at high altitudes.
The FAA proposed to require pilots to receive additional training
for operating ``pressurized aircraft'' because current provisions only
require pilots to receive additional training in ``pressurized
airplanes.'' This proposal captures the possible development of
pressurized aircraft that are not airplanes and may be manufactured in
the future.
Comments: AsMA urges an adoption of a broader view of what
encompasses human factors, and suggests specific areas to include in
such training. AsMA recommends that instructor pilots be required to
attend special human factors seminars and that the FAA evaluate these
new training efforts. The commenter also states that
Sec. 61.31(f)(1)(i) is too limited in scope because it requires only
those pilots flying a pressurized airplane that has a service ceiling
or maximum operating altitude, whichever is lower, above 25,000 feet
MSL to complete aviation physiology training. AsMA contends that the
physiological stresses of flight can occur at lower altitudes, and
other environmental and operational stresses can cause problems while
flying at any altitude. According to the commenter, proposed
Sec. 61.31(h)(1) (ii) through (vii) perpetuates these shortcomings and
takes an additional step in the wrong direction by eliminating the last
sentence (``and any other physiological aspects of high-altitude
flight'') from the existing rule. AsMA recommends modifying existing
Sec. 61.31(f) to mandate that all U.S. civil aviation pilots be
required to complete ground training on basic aviation physiology.
GAMA supports requiring one-time, high-altitude physiology and
emergency procedures training for a pilot in command of any aircraft
capable of operating above 25,000 MSL. According to GAMA, this training
has already been incorporated into many training courses, therefore
making it a formal requirement that should not impose an undue burden.
GAMA, however, recommends that the grandfather clause exempting pilots
who have flown as pilot in command in a pressurized aircraft be
extended to the date of final rulemaking instead of April 15, 1991, as
proposed.
FAA Response: After considering AsMA's comments, the FAA has
retained the phrase ``and any other physiological aspects of high
altitude flight'' in the final rule. However, GAMA's comment addresses
a clause that was not modified in Notice No. 95-11 and is beyond the
scope of this rulemaking. The proposal is adopted as modified.
Section 61.31(i) Additional training required by the aircraft's type
certificate.
The proposed paragraph required additional training and a flight
instructor endorsement for a person to serve as pilot in command of an
aircraft that the Administrator has determined requires type specific
training.
Comments: EAA and NAFI oppose the proposed requirement for type-
specific training because the FAA has the ability to require additional
training for a specific aircraft when the type certificate for that
aircraft is issued. EAA states that training in aircraft that have been
in use for many years should not be required.
AOPA also objects to the type-specific training requirement on the
grounds that the proposal grants the Administrator blanket authority to
require this additional training and would permit the FAA to
permanently regulate airman certification by policy without the benefit
of public comment.
GAMA states that the proposed requirement for type-specific
training will require an appropriate level of training, determined on a
model-by-model basis, and will significantly improve safety. The
commenter contends that a number of unfortunate incidents and accidents
have been caused by the pilot's lack of type-specific training in an
aircraft that is more ``advanced'' than the pilot has previously flown.
GAMA states that the aircraft may not be so different that a type
rating is needed, yet a high-performance/complex endorsement may be
grossly inadequate, especially as new aircraft designs are introduced.
A representative of the Texas Department of Aviation supports the
proposal in Sec. 61.31(i) for type-specific
[[Page 16245]]
training, but requests additional details as to how such aircraft would
be identified, how the additional training ``would be treated,'' and
who would be qualified to give such training.
Several individual commenters also oppose the type-specific
training proposal; two commenters state that the provision is vague and
vests too much discretion with the Administrator.
FAA Response: It is the FAA's position that granting the
Administrator the authority to require type-specific training, on any
aircraft that the Administrator deems appropriate, provides the
Administrator with the minimum means necessary to rapidly address
safety concerns without the delay incurred by rulemaking. The intent of
the rule is for the Administrator to only exercise this power in
limited circumstances. Flight characteristics of certain aircraft may
necessitate the rapid implementation of additional training. Recent
Piper Malibu and Robinson R-22 accidents demonstrate the need for this
requirement. When the Flight Standards Board (FSB) meets, a notice to
the public is published in the Federal Register, and the opportunity
for public comment is provided. The FAA believes that this will permit
the FAA to be more responsive to patterns of accidents in the future,
and the proposal is adopted with minor editorial changes.
Section 61.31(j) Additional training required for operating tailwheel
airplanes.
This paragraph listed the additional training required for
operating tailwheel airplanes. The proposed rule contained formatting
changes and has been adopted with only minor editorial changes. No
substantive comments were received.
Section 61.31(k) Additional training required for operating a glider.
The FAA has added this paragraph because the proposal to separate
the glider category into powered and nonpowered class ratings as
proposed in Notice No. 95-11 has been withdrawn, and additional
endorsements required for flying gliders have been adopted instead. The
reasons for this action are discussed in section IV, F.
Section 61.33 Tests: General procedure.
In Notice No. 95-11, a minor editorial change was proposed to
language of this section.
Comments: AOPA objects to the proposed Sec. 61.33 provision that
the Administrator shall designate the time, location, and examiner for
conducting tests. AOPA believes that this subtle language change
implies that the FAA is going to assign applicants for knowledge and
practical tests to a specific examiner. AOPA recommends retention of
the current language even if this is not the intent of the change
because the new language is subject to this interpretation. HAI and
individual commenters echo AOPA's concerns.
FAA Response: The proposed change replaced the phrase ``persons,
designated by the Administrator'' with the word ``examiners.'' FAA
notes the commenters'' concerns and has retained the existing rule's
language in the final rule.
Section 61.35 Knowledge test: Prerequisites and passing grades.
In Notice No. 95-11, Sec. 61.35 was retitled to read ``Knowledge
test: Prerequisites and passing grades,'' instead of ``Written test
prerequisites and passing grades.'' The FAA proposed that the term
``written test'' be replaced with ``knowledge test'' to reflect
computer testing and to be consistent with FAA policy, as discussed in
the analysis of Sec. 61.1(b)(11).
Proposed paragraph (a)(1) set forth a requirement that an applicant
receive an endorsement certifying the completion of ground training or
a home study course on the aeronautical knowledge requirements for each
certificate or rating, and that the applicant is prepared for the
knowledge test. An applicant would no longer be able to present
evidence of completion of a home study course for review by an FAA
Flight Standards District Office (FSDO) as a basis of eligibility to
take the knowledge test. This practice is a role more properly filled
by ground or flight instructors. Home study would continue to be
acceptable; however, the instructor rather than the FSDO would review
completion of the home study course.
In proposed paragraph (a)(2), the current requirements for the
presentation of personal identification found in FAA Order 8700.1,
``General Aviation Operations Inspector's Handbook,'' were included and
clarified. These identification procedures were established in response
to the Drug Enforcement Assistance Act of 1988 (Pub. L. 100-690,
November 18, 1988). The proposal required an applicant to present
identification consisting of the applicant's photograph, signature, and
date of birth showing that the applicant meets or will meet the age
requirements for the certificate sought before the expiration date of
the knowledge test report. The proposal would also require an applicant
to present identification containing his or her actual residential
address, if different from the applicant's mailing address. Acceptable
types of identification include, but are not limited to, a driver's
license, a government identification card, a passport, or other forms
of identification that meet these personal identification criteria. The
photograph of the applicant would be reproduced on the airman identity
card portion of the airman certificate.
The FAA also proposed that applications for ATP certificates and
ratings be included in Sec. 61.35. In the existing rule, Sec. 61.35 did
not apply to the written test for an ATP certificate or a rating
associated with that certificate. The passing requirements for a
written test for an ATP certificate or a rating associated with that
certificate were found in the existing Sec. 61.167. Existing
Sec. 61.167 stated that an applicant for an ATP certificate or rating
must pass the test with a 70 percent minimum passing grade.
Comments: NAFI, NATA, and AOPA oppose the proposal to require that
an applicant receive an endorsement from an instructor certifying that
the applicant is prepared for the knowledge test. The commenters state
that the fee is sufficient incentive for a student to prepare for the
test. HAI also objects to this requirement and notes that students
commencing ground school before their flight training may not yet have
logbooks, or might lose their logbooks and then be unable to find the
instructor who provided the endorsement. NATA contends that computer
testing has lifted the administrative burden of test scoring from the
FAA. AOPA also opposes the proposal to remove the minimum passing grade
for a knowledge test from the regulations. AOPA believes that this
information should be a matter of public record. The commenter is
concerned that the FAA could revise the passing grade requirements
without issuing an NPRM and soliciting public comment.
GAMA states that the FAA should eliminate the requirement for an
endorsement to take a knowledge test. According to GAMA, the FAA's
proposal fails to consider the high quality of training materials
offered today, most of which provide a means for the home study
applicant to complete practice tests at home before taking the FAA
knowledge test. In spite of this, GAMA feels that an instructor may
feel reluctant to provide an applicant with an endorsement based on a
one-time meeting. GAMA contends that if home study is permitted, an
applicant should be allowed to test
[[Page 16246]]
when he or she feels ready. The commenter believes that the testing fee
will act as the deterrent to premature testing.
One individual commenter who agrees with the proposal to require an
instructor endorsement for the knowledge test suggests that Sec. 61.35
state that the instructor must certify that the student is competent to
take the test, so that the instructor can charge for the service.
Another commenter opposes this proposal.
FAA Response: In the general discussion of the preamble, the FAA
inadvertently stated that a ``logbook'' endorsement was required for a
knowledge test. The rule, however, did not include this provision and
it was not the FAA's intent to require a ``logbook'' endorsement. The
FAA notes the commenters' objections to the requirement for an
endorsement as a prerequisite to the knowledge test. However, the
current rule requires an applicant to show satisfactory completion of
the required ground instructor or home study course. This is
accomplished through the use of an endorsement. The FAA has repeatedly
held that this requirement is necessary to ensure a high quality of
training, and the final rule is adopted as proposed with minor
editorial changes.
Section 61.37 Knowledge tests: Cheating or other unauthorized conduct.
In Notice No. 95-11, the FAA proposed that the phrase ``Except as
authorized by the Administrator'' be deleted from this section. Current
paragraph (a)(4) was inadvertently deleted from the proposed rule and
has been included in the final rule. Minor editing and formatting
changes were also proposed. No substantive comments were received, and
the final rule is adopted as proposed.
Section 61.39 Prerequisites for practical tests.
In proposed Sec. 61.39, the FAA replaced the words ``flight test''
and ``oral test'' with the words ``practical test''. The words
``written test'' were replaced with ``knowledge test''. These proposed
changes were consistent with the changes discussed in Sec. 61.1,
``Applicability and Definitions.'' The FAA also proposed to clarify the
eligibility prerequisites for practical tests.
Section 61.39(a)
The FAA proposed to permit an applicant to hold at least a third-
class medical certificate to be eligible for a practical test and to
clarify the age requirement for an applicant for an ATP certificate.
The proposal also included the current prerequisites for practical test
procedures found in FAA Order 8700.1. Comments relating to the third-
class medical certificate requirement are addressed in the discussion
of Sec. 61.23. The FAA made minor editorial changes to the final rule
to reflect the use of the term ``authorized instructor.''
Section 61.39 (b) and (c)
Proposed paragraphs (b) and (c) revised and clarified the current
eligibility provisions for applicants for ATP certificates and ratings.
Minor editorial changes were incorporated into this paragraph of the
final rule.
No substantive comments, other than those addressing the third-
class medical certificate requirement, were received, and the proposal
is adopted with minor editorial changes.
Section 61.39 (d) and (e).
Although not proposed in Notice No. 95-11, paragraphs (d) and (e)
include provisions relating to the completion of all increments of the
practical test that were adopted in Amendment No. 61-100.
Section 61.41 Flight training received from flight instructors not
certificated by the FAA.
The FAA proposed minor editorial changes to this section. The
proposal replaced the word ``instruction'' with the word ``training,''
and, in proposed paragraph (a), clarified that training received from a
flight instructor of an Armed Force must have been obtained in a
program for training military pilots. In proposed paragraph (b), the
FAA clarified that flight instructors not certificated by the FAA are
only authorized to give endorsements to show training given, but may
not give any of the endorsements required under part 61 to take a
written or practical test for a pilot certificate or rating, or for the
exercise of a certificate privilege. No substantive comments were
received, and apart from minor editing changes, the final rule was
adopted as proposed.
Section 61.43 Practical tests: General procedures.
In Notice No. 95-11, the FAA proposed to replace the term ``flight
test'' with ``practical test'', and the phrase ``maneuvers and
procedures'' was replaced with ``approved areas of operation''.
Applicants for ATP certificates or ratings were to be included in the
rule by replacement of the phrase ``an applicant for a private or
commercial pilot certificate, or for an aircraft or instrument rating
on that certificate'' with ``an applicant for a certificate or rating,
issued under this part.'' Additional changes were made to the language
in order to clarify and simplify the section.
In proposed Sec. 61.43(a), an applicant for a practical test was
required to: perform the approved areas of operation for the
certificate or rating sought within the approved standards; demonstrate
mastery of the aircraft with the successful outcome of each task
performed never seriously in doubt; demonstrate satisfactory
proficiency and competency; demonstrate sound judgment; and demonstrate
single-pilot competence if the aircraft is type certificated for
single-pilot operations.
With regard to the demonstration of single-pilot competence listed
in proposed paragraph (a)(5), most aircraft that are type certificated
for one pilot are currently operated by one pilot. However, some
aircraft (e.g., the Cessna Citation 501 and 551) are type certificated
for one pilot, but are operated by either one- or two-pilot crews. The
FAA realized that some pilots may desire to operate an aircraft type
certificated for one pilot with a two-pilot crew. In this situation,
the applicant would have the option, contained in proposed paragraph
(b), not to demonstrate single-pilot competence, but a limitation would
be placed on the applicant's airman certificate that states a second in
command is required. This limitation could later be removed if the
pilot demonstrates single-pilot competence. This proposal was
consistent with FAA Order 8700.1 regarding aircraft that are type
certificated for one pilot, but operated with one- and two-pilot crews.
The proposal did not change regulations for applicants that apply for a
certificate or rating in aircraft that are usually operated by one
pilot. These applicants currently are required to demonstrate single-
pilot competence during the practical test.
In paragraph (e), the proposal codified the procedures, which are
currently found in FAA Order 8700.1, that address those situations
under which an examiner or applicant may discontinue the practical test
due to inclement weather conditions, aircraft airworthiness, or other
flight safety concerns.
Comments: AOPA supports proposed Sec. 61.43(f)(1) permitting
applicants whose first test was discontinued for any reason to credit
those areas of operation that were performed satisfactorily to a
rescheduled test if the remainder of the practical test is performed
within 60 days.
FAA Response: The FAA notes AOPA's comment of support. Except for
[[Page 16247]]
minor editing changes, the final rule is adopted as proposed.
Section 61.45 Practical tests: Required aircraft and equipment.
In Notice No. 95-11, the FAA proposed that Sec. 61.45 be retitled
to read ``Practical tests: Required aircraft and equipment'' instead of
``Flight tests: Required aircraft and equipment''. The FAA also
proposed to revise this section by replacing the term ``flight test''
with ``practical test'' and ``flight proficiency requirements'' with
``approved areas of operation''.
Proposed paragraph (a)(1) permitted the use of aircraft with a
primary airworthiness certificate to be used for a flight test. This
proposal corrects an oversight that occurred during the issuance of the
Primary Aircraft Final Rule (57 FR 41360; September 9, 1992). In the
``Supplementary Information'' section (in the paragraphs entitled
``Rental and Flight Instruction'' and ``Pilot Certification'') of that
final rule, the FAA stated that the use of primary aircraft are
permitted to be used for rental, flight instruction, and pilot
certification. However, the FAA did not provide for their use in that
rule.
The FAA notes that the proposal excluded the use of ultralights and
hang gliders as acceptable aircraft for use in practical tests. The use
of ultralights and hang gliders are unacceptable aircraft for use in
pilot certificate tests. Ultralights are not required to meet the
airworthiness certification, pilot certification, aircraft
registration, or aircraft marking requirements of the other aircraft.
In paragraph (b), the FAA proposed to exclude balloons from the
current requirement that an aircraft used for the practical test have
pilot seats. The existing Sec. 61.45 required that the aircraft used
for a flight test have ``pilot seats with adequate visibility for each
pilot to operate the aircraft safely.'' Most balloons do not have
seats, and this requirement was waived for balloon practical tests.
In proposed paragraph (b)(3), the FAA required that applicants for
any practical test, other than a practical test in a balloon, perform
the test in a two-place aircraft. This would eliminate the existing
provision for an applicant for a gyroplane class rating to accomplish
the practical test in a single-place gyroplane. In the past, the FAA
has permitted examiners to observe the practical test from the ground
when the aircraft was a single-place aircraft. Most gyroplanes are
single-place aircraft that require examiners to monitor their use in a
practical test from the ground.
In paragraph (c)(3), the FAA proposed to require that the required
controls in lighter-than-air aircraft used for a practical test be
easily reached and operable in a normal manner by both pilots. An
examiner would be permitted to waive the requirement; however, the
examiner would have to determine that the lighter-than-air aircraft
used for the practical test could be operated safely.
Comments: EAA, NAFI, and AOPA oppose proposed Sec. 61.45(b)(3)
requiring that an aircraft have two pilot seats for use in a practical
test. NAFI and AOPA comment that the proposed rule is especially unfair
to gyroplane applicants who currently are examined with the examiner
observing on the ground and communicating by radio. AOPA disputes the
FAA's claim that two-place gyroplanes are amply available. AOPA, NAFI,
and EAA, however, approve of Sec. 61.45(a)(1), which provides that a
practical test may be taken in a primary category aircraft. NAFI states
this would lower costs without reducing safety. AOPA states that
primary category aircraft can be used in commercial flight operations.
FAA Response: After discussions with many of the manufacturers of
gyroplanes, the FAA believes that there are an adequate number of two-
place gyroplanes available to permit the FAA to require that a
practical test in a gyroplane be taken in a two-place aircraft. The FAA
notes the concerns of EAA, NAFI, and AOPA. The FAA believes the
importance of the practical test makes it extremely necessary that
examiners be able to observe applicants during the practical test. In
addition, the FAA replaced the words ``pilot seats'' with ``pilot
stations''. Balloons have pilot stations, and, therefore, this change
eliminates the need for an exception to be specifically stated in the
rule. Except for these changes and other editorial changes to include
provisions relating to the use of approved flight simulators and
approved flight training devices, the final rule is adopted as
proposed.
Section 61.47 Status of an examiner who is authorized by the
Administrator to conduct practical tests.
In Notice No. 95-11, the FAA proposed to change the title of this
section. The proposal also contained editorial and format revisions,
including proposed paragraph (b), which stated that ``The student is
the pilot in command of the aircraft during the practical test unless
the examiner or another person has been so designated before the
flight.''
Comments: AOPA opposes the change in the language of Sec. 61.47(b).
The commenter notes that the current rule states that the examiner or
inspector is not the pilot in command. AOPA contends that the proposed
language creates some ambiguity as to who is pilot in command and notes
this ambiguity was addressed in the 1966 amendment to Sec. 61.47, which
adopted the existing rule language. HAI suggests modifying proposed
Sec. 61.47(b) by replacing the word ``student'' with ``applicant''
because the individual taking the test may have progressed beyond the
stage of student.
FAA Response: After reviewing AOPA's comment, the FAA has concluded
that the language in proposed paragraph (b) is ambiguous and should be
withdrawn and replaced with language equivalent to the existing rule.
The proposal is adopted with these changes.
Section 61.49 Retesting after failure.
In Notice No. 95-11, the FAA proposed to delete the requirement for
an applicant to wait 30 days before reapplying for a written or
practical test following a second and subsequent disapprovals, and, in
lieu of the 30-day waiting period, the applicant would be required to
receive an endorsement from an authorized ground or flight instructor,
as appropriate. The FAA also proposed to reformat this section.
Comments: ATA approves of the proposal to delete the 30-day waiting
requirement. AOPA also supports removal of this requirement from the
rule. AOPA believes that the requirement caused unnecessary delays in
the certification process with no benefit to safety or pilot
proficiency.
FAA Response: The proposal is adopted as proposed except for minor
editorial changes incorporated into the final rule.
Section 61.51 Pilot logbooks.
In Notice No. 95-11, the FAA proposed to revise and reorganize
Sec. 61.51, largely in response to numerous requests for interpretation
from the public regarding various aspects of the rules on logging
flight time. The changes were intended to clarify procedures as well as
to ensure consistency with other changes to part 61.
A significant change proposed was the elimination of the
distinction between the concept of acting as pilot in command and the
logging of pilot-in-command time. This represented a fundamental change
to a 30-year policy, and although one intent was to eliminate much
confusion over the proper logging and authority over a flight, the
change was directed toward reestablishing the FAA's original intent
[[Page 16248]]
that pilot-in-command time should require a pilot to have authority
over the flight, and that the pilot not merely be manipulating the
controls.
The FAA proposed two paragraphs in Notice No. 95-11; Sec. 61.51(e)
``Two people logging pilot-in-command time,'' and Sec. 61.51(f)
``Student pilots logging pilot-in-command time'' which have been
eliminated from the final rule as discussed below.
Proposed Sec. 61.51(e) Two people logging pilot-in-command time.
Proposed paragraph (e) was intended to clarify that when a flight
instructor and a certificated pilot are on board an aircraft at the
same time, each may log pilot in command flight time. It also was
intended to specify the requirements that a flight instructor would
need to meet in order to log pilot in command flight time. Although the
existing regulation also specified that a flight instructor may log all
flight time during which the person acts as a flight instructor as
pilot-in-command time, the proposed rule provided more detail regarding
the conditions under which this could occur.
Comments: AOPA's objection to the elimination of the concept of
``sole manipulator of the controls'' as a basis for logging pilot-in-
command time, discussed below with respect to the final rule's
paragraph (e), is also referenced in this proposed paragraph. AOPA and
NAFI further disagree with proposed Sec. 61.51(e)(2)(i) because it
precludes the logging of instruction time if it is not in a course of
training for issuance of a certificate or rating or to obtain the
recency of experience requirements. NAFI believes that the proposal
penalizes CFIs who give recurrency training or additional instruction
such as aircraft transition training. AOPA states that the proposal
will provide a strong disincentive for instructors to give the type of
training that most contributes to general aviation safety. NBAA also
states that the language in proposed Sec. 61.51(e)(2) (i) and (ii) is
too prohibitive and recommends deleting the requirement that
instruction be ``in a course of training for the issuance of a
certificate or rating.'' HAI recommends eliminating all wording after
``flight instructor'' in proposed Sec. 61.51(e)(2)(i), as well as
corresponding changes to Sec. 61.51(i), to allow an instructor to log
time spent as pilot in command giving aircraft checkouts and currency
training. Individual commenters also express the view that the
requirement in Sec. 61.51(e)(2)(i) that the training be toward a
certificate or rating is too restrictive.
NATA opposes proposed Sec. 61.51(e)(2)(ii) and states that the
proposal will eliminate the ability of an instrument student to log
instrument training time as pilot-in-command time. This will place an
undue financial burden on the student and possibly create a safety
hazard if students logging time for their commercial requirements are
forced to fly extra hours as pilot in command. NATA does not believe
this was the FAA's intent, and the commenter recommends eliminating
this language. HAI echoes NATA's concern by stating that the proposed
rule effectively prohibits instrument students from logging time spent
under IFR as pilot-in-command time, even when the student is the sole
manipulator of controls, because the proposed Sec. 61.51(e)(2)(ii)
requirement for the student to be qualified in accordance with the
operating rule would mean compliance with the proposed Sec. 61.3(e)(1).
That rule would dictate possession of an instrument rating in that
case. HAI therefore recommends deletion of proposed
Sec. 61.51(e)(2)(ii).
AOPA expresses concern about proposed Sec. 61.51(e)(3), which
requires that aircraft used for flight training must have dual
functioning flight controls and engine controls that can be reached
from either pilot station in order for both the student and instructor
to log pilot-in-command time. The commenter encourages the FAA to
clarify which engine controls must be accessible. According to AOPA,
there are many cases when training is conducted in a tandem seat
aircraft where there are throttles available to both airmen; however,
the mixture control and magneto switch are only accessible from the
front seat. AOPA believes that both student and instructor should be
able to log pilot-in-command time when instruction is given in such an
aircraft. The commenter also states that the proposal does not address
the fact that balloons do not have dual functioning controls.
An individual commenter states that the requirement in proposed
Sec. 61.51(e)(3) for dual functioning flight controls contradicts
Sec. 91.109(a). Another commenter requests clarification of proposed
Sec. 61.51(e)(3) to specify which engine controls must be reachable
from either pilot station when a pilot and authorized flight instructor
both log pilot-in-command time. Echoing AOPA's concerns, the commenter
points out that for some tandem seat airplanes, the mixture and
ignition controls can only be reached from the front seat. Several
individual commenters also point out that it would be impossible for
balloons to comply with the dual-control requirement.
Several individual commenters object to the proposed requirement
that flight instructors possess at least a third'class medical
certificate to log instruction time, stating that for advanced
instruction this is unjustified.
FAA Response: After further review, the FAA has determined that the
increased regulatory and economic burden resulting from this proposal
does not sufficiently establish a safety justification based on
operational requirements and accident/incident data. Therefore, the
proposed paragraph has been eliminated from the final rule.
Proposed Sec. 61.51(f) Student pilots logging pilot-in-command time.
The FAA proposed to permit student pilots who meet certain
provisions to log pilot in command flight time when they: are the sole
occupant of the aircraft; have a supervised pilot in command flight
endorsement; and are undergoing a course of training for a pilot
certificate or rating or are logging pilot-in-command time toward a
certificate or rating.
Comments: HAI objects to the wording of proposed Sec. 61.51(f)
because it does not provide for students logging pilot-in-command time
beyond that needed for experience requirements. HAI asks for
clarification as to how the additional time would be logged. AOPA finds
the issue of supervised pilot-in-command time unclear with regard to
logging of flight time.
FAA Response: For the reasons previously discussed, the FAA is not
adopting the proposal to establish supervised pilot-in-command time.
However, the final rule still permits student pilots to log solo time
as pilot-in-command time according to the provision in Sec. 61.51(e)(4)
of the final rule.
Section 61.51(a) Training time and aeronautical experience.
The FAA proposed minor editorial and format changes to this
paragraph.
Comments: EAA and NAFI disagree with the removal of the existing
rule's phrase ``The logging of other flight time is not required'' from
proposed Sec. 61.51(a), stating that the deletion may impose a
significant burden on the high time and sport aviation pilot. The
commenters state that there is no safety reason to require the logging
of all flight time, and the elimination of this provision will only
create more enforcement actions against pilots.
FAA Response: The FAA notes the concern of EAA and NAFI, but feels
that the existing phrase was redundant, and
[[Page 16249]]
that its deletion does not impose costs or burdens on pilots. The rule
was revised to clarify what flight time is required to be logged. Other
flight time can be logged at the pilot's option, but it is not
required. The final rule is adopted as proposed.
Section 61.51(b) Logbook entries.
The FAA proposed to delete the reference to ``solo time'' because
of the proposed deletion of that term as discussed in the analysis of
Sec. 61.1. The FAA also proposed format changes to the existing rule.
Comments: AOPA comments that ``total time of flight'' in proposed
Sec. 61.51(b)(1)(ii) is not defined in the regulations, although it has
historically been taken as synonymous with the existing and proposed
definition of ``flight time'' in part 1, a term which AOPA states is
equated with ``block time'' in most of the industry. AOPA is concerned
that, without such a definition, the proposed rule's use of the term
``in actual flight'' confuses the meaning of ``total time of flight.''
FAA Response: As discussed in the analysis of Sec. 61.1, the FAA
has decided to retain ``solo time'' in this paragraph of the final
rule. The FAA notes AOPA's concern, and has decided to use the less
ambiguous term ``flight time'' in the final rule instead of the phrase
``total time of flight''. The final rule also deletes the language
``and the certificate number of the safety pilot'', as explained in the
analysis of Sec. 61.51(g), and includes language pertaining to logbook
entries for flights conducted in approved flight simulators and
approved flight training devices.
Section 61.51(c) Logging of pilot time.
In Notice No. 95-11, the FAA set forth provisions regarding the use
of pilot time. No substantive comments were received, and the final
rule is adopted as proposed.
Section 61.51(d) Logging of solo flight time.
In Notice No. 95-11, the FAA proposed to eliminate the term ``solo
flight time'' and replace it with the term ``supervised pilot-in-
command time'' as discussed in the analysis of Sec. 61.1. The existing
rule's provisions for logging solo time were therefore also deleted in
the proposed rule.
Comments: AOPA states that no provision exists in proposed
Sec. 61.51 for logging supervised pilot-in-command time, even though
such time is proposed to be required for both primary and advanced
certificates. HAI echoes these concerns and asks whether dual pilot-in-
command time meets the supervised pilot in command requirements. AOPA
states that the definition of supervised pilot-in-command time is
unclear, and that introducing the term at the expense of the existing
concept of solo time confuses rather than clarifies matters. The
commenter states that the change from solo to supervised pilot in
command creates problems with respect to numerous other proposed
regulations. Many individual commenters shared the concerns of these
associations.
FAA Response: The FAA notes the concerns of AOPA, HAI, and other
commenters, and is not adopting the new term ``supervised pilot-in-
command time'' in the final rule. Accordingly, the final rule adds
Sec. 61.51(d), ``Logging of solo flight time,'' which reiterates the
provision of existing Sec. 61.51(c).
Section 61.51(e) Logging of pilot-in-command flight time.
In Notice No. 95-11, the FAA clarified the procedures for logging
pilot in command flight time in proposed Sec. 61.51 (d) and (e). The
FAA specified that, except when a flight instructor provides flight
training, only one person may log pilot in command flight time. This
provision was intended to eliminate confusion under the existing rule,
particularly regarding the provision that permits any pilot to log
pilot-in-command time while acting as pilot in command of an aircraft
for which more than one pilot is required. The FAA proposed that the
holder of a pilot certificate may log pilot-in-command time only when
that pilot: (1) Has the final authority and responsibility for the
operation and safety of the flight; (2) holds the appropriate ratings;
(3) has been designated pilot in command before the flight; and (4) the
pilot-in-command time occurred in actual flight conditions and in an
aircraft.
Comments: AOPA states that it finds the most notable change to the
rules for logging pilot-in-command time to be the elimination of the
term ``sole manipulator of controls.'' AOPA notes that there is no
longer a distinction between the pilot operating the aircraft and the
pilot who has ultimate authority over the flight (acting pilot in
command). The commenter urges rethinking the entire pilot in command
issue. AOPA also expresses concern about proposed Sec. 61.51(d)(4),
which provides that pilot-in-command time may only be logged when the
flight time ``occurs in actual flight conditions.'' The commenter notes
that proposed Sec. 61.51(b) provides that for purposes of training time
and aeronautical experience toward a certificate or rating, a person
must enter the ``total time of flight,'' which AOPA states has been
historically interpreted as the equivalent of ``flight time'' as
defined in part 1. Part 1 defines ``flight time'' as ``the time
beginning when an aircraft moves under its own power for purposes of
flight and ending when the aircraft comes to rest after landing.'' AOPA
contends that the difference between the two provisions may require two
separate logbook entries after one flight: one entry for the time the
aircraft is in actual flight and another entry for the ``block'' or
Hobbs meter time. NBAA joins with AOPA in its concerns regarding use of
the term ``actual flight conditions'' in proposed Sec. 61.51(d)(4) as
possibly prohibiting taxi time from counting towards flight time. NBAA
states that this would discourage learning opportunities during a phase
of flight that is critical to safety, especially for avoidance of
runway incursions. HAI echoes these concerns, requesting the alignment
of the definition of flight time in proposed Sec. 61.51(d)(4) with the
definition in Sec. 1.1. HAI also recommends a provision to cover a
rated pilot operating solo, such as an additional paragraph in
Sec. 61.51(d).
FAA Response: After further review, the FAA has decided not to
adopt the proposal to change the provisions for the logging of pilot-
in-command time. The FAA has determined that the increased regulatory
and economic burden resulting from this proposal is not sufficiently
supported by a safety justification based on operational requirements
and accident/incident data. However, the FAA would like to take this
opportunity to clarify the proper logging of pilot-in-command time for
recreational, private, and commercial pilots. The FAA acknowledges
there has been confusion in the past regarding the logging of pilot-in-
command time by these pilots and that inconsistent policy opinions have
been issued by the FAA. The FAA has determined that clarity is
necessary to preserve the value of pilot-in-command time. In light of
the inconsistent policy opinions issued by the FAA, however, this
clarification is meant to be prospective and not to require pilots to
``revisit'' past logging. The FAA's position regarding the proper
logging of pilot-in-command time for a recreational, private, or
commercial pilot applicable after the effective date of this final rule
is set forth in this response.
There are only three ways for a recreational, private, or
commercial pilot to properly log pilot-in-command time in accordance
with section Sec. 61.51. These pilots may properly log pilot-in-command
time: (1) When the pilot is the
[[Page 16250]]
sole manipulator of the controls of an aircraft for which the pilot is
rated; (2) when the pilot is the sole occupant of the aircraft; or (3)
except for recreational pilots, when the pilot is acting as pilot in
command of an aircraft for which more than one pilot is required under
the type certification of the aircraft or the regulations under which
the flight is conducted.
As noted in Notice No. 95-11, there has been a distinction between
acting as pilot in command and logging of pilot-in-command time.
``Pilot in command,'' as defined in part 1, ``means the pilot
responsible for the operation and safety of an aircraft during flight
time.'' Section 61.51 is a flight-time logging regulation under which:
(1) pilot-in-command time may be logged by someone who is not actually
the pilot in command as defined in part 1 (e.g., when the pilot is the
sole manipulator of the controls of an aircraft for which the pilot is
rated but is not the pilot in command as defined in part 1); and (2)
pilot-in-command time may not be logged by someone who is the actual
pilot in command as defined in part 1 (e.g., when the pilot acting as
pilot in command of an aircraft on which more than one pilot is not
required under the type certification of the aircraft or the
regulations under which the flight is conducted is not the sole
manipulator of the controls of the aircraft, and the pilot who is the
sole manipulator of the controls is logging that time as pilot-in-
command time).
Two recreational, private, or commercial pilots may not
simultaneously log pilot in command flight time when one pilot is
acting as pilot in command as defined in part 1, and the other pilot is
the sole manipulator of the controls, unless the aircraft type
certification or the regulations under which the flight is conducted
require more than one pilot. In contrast, an ATP may log all flight
time as pilot-in-command time when that pilot is acting as the pilot in
command as defined in part 1 during an operation requiring an ATP
certificate regardless of who is manipulating the controls of the
aircraft. This distinction between the concept of acting as pilot in
command and the logging of pilot-in-command time will continue in this
final rule.
The FAA also notes the concern of AOPA and NBAA regarding the
wording ``actual flight conditions'' in proposed Sec. 61.51(d),
redesignated as Sec. 61.51(e) in the final rule, and has deleted the
objectionable language. The FAA notes that the Amendment No. 61-100 did
not include a provision to permit a student pilot to log pilot-in-
command time when that student is the sole occupant of the aircraft.
Section 61.51(e)(4) includes such a provision.
Section 61.51(f) Logging second-in-command flight time.
The FAA proposed to require a pilot who logs second-in-command
flight time to meet the requirements of Sec. 61.55.
Comments: AOPA expresses concern that changes to other regulations
made this requirement onerous with respect to safety pilots. Several
individual commenters echo AOPA's concerns.
FAA Response: The FAA addressed concerns to this rule by modifying
proposed Sec. 61.55 in the final rule, as discussed below, and
therefore no major changes were necessary to this paragraph. The FAA
has added the phrase ``the regulations under which the flight has been
conducted'' in paragraph (f)(2) to permit, for example, safety pilots
complying with Sec. 91.109 to be allowed to log second in command time.
Section 61.51(g) Logging instrument flight time.
The FAA proposed to clarify the information required for the
logging of instrument experience to meet the instrument currency
requirements. The proposal did not significantly alter the current
requirements regarding the logging of instrument time. However, the
proposal stated that if a safety pilot is required, the name and pilot
certificate number of the safety pilot, and the location and kind of
each completed instrument approach must be recorded. The existing rule
did not require the recording of the safety pilot's certificate number
in the logbook of the person logging instrument flight time.
Comments: Some individual commenters disagree with the proposed
requirement that the certificate number as well as the name of the
safety pilot be logged, stating that this would not improve safety.
Commenters note that the certificate number is often the pilot's social
security number, which many would hesitate to disclose every time they
act as a safety pilot.
FAA Response: The FAA notes the privacy concerns of individual
commenters and has therefore deleted the proposed language ``and pilot
certificate number'' from the final rule. The final rule also includes
language relating to the use of approved flight simulators and approved
flight training devices.
Section 61.51(h) Logging training time.
The FAA proposed specific requirements for a pilot to log training
time toward a certificate, rating, or flight review. The proposal
required that the instructor be properly authorized to give the
training, and that the information recorded include a description of
the training given, the length of the lesson, and the instructor's
signature, certificate number, and certificate expiration date.
Comments: AOPA objects to the proposed language apparently
restricting the logging of training time solely to ground or flight
instruction time leading toward a certificate, rating, or currency
requirements. HAI joins in opposition to this proposal because it does
not include provisions for pilots receiving dual training in a
simulator or flight training device unless the training is for the
purpose of meeting experience requirements. AOPA also asks for
clarification as to whether the ``training time'' logged is to be
``flight time'' as defined in part 1, or time in ``actual flight.''
FAA Response: The FAA notes the concerns of AOPA and HAI, and
therefore has deleted the proposed language ``for the purpose of
obtaining a certificate, rating, or recency of experience requirements,
of this part'' from the final rule. AOPA's concern regarding the
confusion between ``flight time'' and ``actual flight'' was addressed
through the elimination of the wording ``actual flight'' elsewhere in
paragraph (b) of this section, as previously discussed.
Section 61.51(i) Presentation of required documents.
In the proposal, the FAA set forth the documents a person would
have to present, in addition to the logbook, upon the request of an
authorized official. These documents included the person's pilot
certificate, medical certificate, or any other record required under
part 61. The proposal added Federal law enforcement officials to the
list of officials to whom a pilot must present his or her records if
requested. The proposal also set forth the documents student and
recreational pilots must carry.
Comments: AOPA expresses concern about the deletion of the word
``reasonable'' from this proposal. Citing the constitutional protection
against unreasonable search and seizure, the commenter states that this
could lead to abuse by law enforcement officials. AOPA questions the
addition of ``Federal'' law enforcement officials to the list of
officials to whom a logbook must be presented as well as the inclusion
of pilot and medical certificates in this proposed rule. AOPA further
contends that the inspection of such certificates is adequately
addressed in existing Sec. 61.3(h) and proposed
[[Page 16251]]
Sec. 61.3(l). Individual commenters oppose this proposed provision
permitting inspection by the FAA, the NTSB, or law enforcement
officers. HAI objects to the requirement in proposed
Sec. 61.51(j)(2)(i) that a student pilot must carry his or her logbook
to exercise the privileges of his or her certificate. Individual
commenters object to the requirement that recreational pilots carry
logbooks for flight at night and in airspace in which communications
are required.
FAA Response: The proposal inadvertently deleted the word
``reasonable'' before ``request.'' In the final rule, the phrase
``reasonable request'' has been retained. The FAA has noted HAI's
concern, but is not persuaded that student pilots should be exempt from
carrying logbooks on all flights. However, in partial response to HAI's
concern, as well as that of individual commenters, the FAA has decided
to delete the proposed logbook-carrying requirements for recreational
pilots, except for flights of more than 50 nautical miles from the
point of departure. In addition, the FAA has changed the heading of
this paragraph for clarity, because a student is required to present
more than a logbook. The FAA notes that this requirement is contained
in the existing rule. Except for these changes, the final rule is
adopted as proposed.
Other Sec. 61.51 issues.
The issue of logging safety pilot time did not directly affect any
particular paragraph of Sec. 61.51 and is discussed here.
Comments: AOPA feels that proposed Sec. 61.51, in combination with
other proposed changes, fails to provide for the logging of safety
pilot time. According to the commenter, when a safety pilot also
functions as the designated pilot in command, the pilot actually flying
the aircraft is not permitted to log pilot-in-command time, nor can the
pilot log second in command time since he or she is not a required
flight crewmember. It is unclear to the commenter how tasks such as
instrument approaches conducted for proficiency can be logged. It also
appears to AOPA that the only provision for a safety pilot to log
flight time is as second in command under Sec. 61.51(g)(2). The
commenter is concerned that a safety pilot acting as a required
crewmember in simulated instrument conditions could possibly be subject
to the second in command training and recurrency requirements in
Sec. 61.55(d). An individual commenter echoes AOPA's concern, stating
that proposed Sec. 61.51 fails to address if, when, or how a safety
pilot may log flight time.
FAA Response: The FAA did not intend to prevent safety pilots from
logging second in command time or to require them to comply with the
requirements of proposed Sec. 61.55. The FAA has noted the concerns of
AOPA and others, and has modified Sec. 61.51(f)(2) of the final rule to
permit safety pilots to log second in command time.
Section 61.53 Operations during medical deficiency.
The FAA proposed to divide this section into two paragraphs.
Proposed paragraph (a) applied to operations that require pilots to
hold medical certificates issued under part 67. Proposed paragraph (b)
applied to operations in which pilots are not required to hold a
medical certificate, was developed primarily in response to EAA's
petition to permit a pilot without a medical certificate to exercise
the privileges of a recreational pilot certificate. Proposed paragraph
(b) also applied to glider and balloon operations. The FAA also
proposed language specifying that a pilot may not act as pilot in
command or as a required flight crewmember while taking medication or
receiving other treatment for a medical condition that would make the
person unable to meet the medical requirements for the certificate held
or to operate an aircraft in a safe manner, as appropriate.
Comments: EAA, AOPA, and NAFI object to the proposed language of
Sec. 61.53(a)(1) and (b)(1), which states that a pilot may not act as
pilot in command, or as a required crewmember, if that person ``has
reason to know of any medical condition that would make the person
unable to meet the requirement for the medical certification held.''
These commenters believe that the new standard is very subjective and
may produce unnecessary enforcement actions. AOPA states that the
language effectively holds an airman to a negligence standard
concerning the exercise of the privileges of an airman certificate.
NATA joins in the concerns expressed by the other commenters regarding
this language and states that it should be changed to reflect
``definitive knowledge'' or eliminated from the rule. GAMA finds this
language ambiguous and recommends it be clearly defined or deleted.
FAA Response: After consideration of the comments, the FAA has
determined that the disputed language, ``knows or has reason to know''
is necessary to ensure that pilots seriously evaluate their health
prior to operating an aircraft. The FAA does not believe that the
disputed language imposes an additional burden on pilots because
Sec. 61.53 already requires pilots to evaluate their health prior to
each flight. The proposed language merely clarifies this existing
requirement. The FAA acknowledges that the language is subjective and
is relying on pilots to use reasonable judgment. After further review,
the FAA has determined that for operations that do not require a
medical certificate, the language referring to medication or treatment
would effectively establish standards for self-evaluation. Therefore,
this language has been deleted for operations that do not require a
medical certificate. The FAA has decided to retain the two-paragraph
format of the proposed rule because it clarifies a pilot's
responsibilities for medical self'evaluation, regardless of whether or
not a pilot is required to hold a medical certificate.
The proposal is adopted with minor editorial changes and the
changes noted above.
Section 61.55 Second-in-command qualifications.
This proposal was intended to clarify the requirements under
Sec. 61.55 for pilots serving as second in command of an aircraft that
requires more than one pilot.
Comments: ALPA supports the second in command training requirements
of proposed Sec. 61.55. GAMA comments that the addition of flight deck
management training is a very positive change. GAMA believes, however,
that the desired level of structure and standardization can best be
achieved by requiring that the Sec. 61.55 authorization be approached
with the same level of control as provided in Secs. 61.58 and 61.157.
According to GAMA, second in command training should be conducted with
an approved syllabus by authorized instructors using established
standards of performance.
AOPA is concerned that safety pilots acting as required crewmembers
in simulated instrument conditions may be subject to the second in
command requirements. The commenter notes that proposed Sec. 61.55(b)
provides that no person may act as second in command in ``operations
requiring a second in command'' unless that person meets the second in
command training and recurrency requirements. AOPA contends that
Sec. 91.109 makes a safety pilot a required crewmember in simulated
instrument conditions. AOPA states that ``under the proposal the safety
pilot may not log pilot-in-command time but that person is required for
the operation; therefore the
[[Page 16252]]
safety pilot must be second in command.'' AOPA does not believe that a
safety pilot should be subject to the second in command qualification
requirements and, therefore, recommends that the safety pilot be added
to the list in Sec. 61.55 for whom the training requirements of
Sec. 61.55(b) do not apply.
FAA Response: After consideration of the comments, the FAA has
determined that the proposed second in command training requirements
should be adopted with the addition of paragraph (d)(4) to except a
person designated as a safety pilot as required by Sec. 91.109(b). The
final rule also incorporates other editorial changes and provisions
permitting the use of approved flight simulators and approved flight
training devices to meet the requirements of this section.
Section 61.56 Flight review.
The FAA did not propose any changes to this section in Notice No.
95-11.
Comments: NAFI recommends modifying proposed Sec. 61.56(f) to
except flight instructors who have given 10 or more flight reviews or
have recommended 10 or more students for flight tests from the required
flight review requirement.
AOPA comments that the current and proposed language of this
section is confusing and should be reworded, using the instrument
currency requirements as an example.
NAFI suggests that a flight review should not be required for
pilots who fly only single-seat aircraft (gyroplanes, for example),
because finding a training aircraft and an instructor might be
difficult or impossible.
Another commenter opposes the current and proposed language in
paragraph (b), which requires a glider pilot who substitutes three
instructional flights in lieu of the 1 hour of flight instruction
provided for in paragraph (a) to perform 360-degree turns during each
of the flights. The commenter states that the requirement for 360-
degree turns causes instructors to limit the types of maneuvers
conducted during the review.
FAA Response: As adopted in Amendment No. 61-100, this section
includes provisions for the use of approved flight simulators and
approved flight training devices. The FAA notes that Amendment No. 61-
100 omitted the provision permitting a pilot to complete a phase of an
FAA-sponsored pilot proficiency award program (i.e., Wings Program) in
lieu of accomplishing a flight review. Such a provision is included in
paragraph (e).
In response to the comment concerning the performance of 360-degree
turns, the FAA has modified the language in paragraph (b) to permit
three instructional flights in a glider, each of which requires flight
to traffic pattern altitude, in lieu of the 1 hour of flight training
required in paragraph (a). This modification should provide instructors
with greater flexibility during the conduct of a flight review for
glider pilots. The FAA expects that each instructional flight to
traffic pattern altitude will consist of a launch, climb, level off,
turns, descent, and landing to ensure that the pilot can demonstrate
proficiency in each phase of flight.
Section 61.57 Recent flight experience: Pilot-in-command.
Section 61.57(a) General experience.
The FAA proposed to require pilots to make at least three takeoffs
and three landings to a full stop within the preceding 90 days to meet
the recent flight experience requirements of this section. The FAA also
proposed that these takeoffs and landings involve flight in the traffic
pattern at the recommended traffic pattern altitude for the airport.
For the reasons discussed in section IV,B, the proposal for full-stop
landings and the requirement for flight in the traffic pattern at the
recommended traffic pattern altitude have not been adopted in the final
rule. The existing requirement for full-stop landings in a tailwheel
airplane is retained, as well as the recently enacted provisions
relating to the use of approved flight simulators and approved flight
training devices.
Section 61.57(b) Night takeoff and landing experience.
In Notice No. 95-11, the FAA proposed to delete the reference to
the term ``night'' from this paragraph.
Comments: AOPA objects to the elimination of the definition of
``night'' from this section of the regulations because most airmen do
not have access to the ``Aeronautical Almanac'' referenced in the part
1 definition of ``night.''
FAA Response: Upon consideration of this comment, the FAA retained
the language of the existing rule.
Section 61.57(c) Recent instrument experience.
The FAA proposed to revise the requirements for recent instrument
experience to include six instrument approaches, holding procedures,
intercepting and tracking VOR radials and NDB bearings, recovery from
unusual flight attitudes, and flight by reference to instruments. Under
the proposal, these maneuvers were not required to be performed under
actual or simulated instrument flight conditions. The proposal also
eliminated the requirement for a pilot to log 6 hours of instrument
time under actual or simulated flight conditions to meet recent
instrument experience requirements. In paragraph (c)(3), the FAA
proposed to revise the provisions regarding recent instrument
experience for glider pilots.
Comments: According to GAMA, instrument currency in a multiengine
airplane should be accepted for instrument currency in a single-engine
aircraft, but not the converse. NBAA proposes 12-month currency
requirements because most business aircraft operators currently conduct
their simulator refresher training on an annual basis. AOPA states that
the proposed language is unclear concerning the requirement that if a
glider pilot carries passengers, the pilot must have at least 3 hours
of instrument time in gliders. The commenter recommends retaining the
language of the current rule.
FAA Response: As discussed in section IV,B, the FAA has decided to
retain the existing requirement that recent instrument experience be
performed in actual or simulated conditions, and withdraw the proposed
requirements for recovery from unusual flight attitudes, and the
intercepting and tracking of VOR radials and NBD bearings. In lieu of
the latter requirement, Sec. 61.57(c)(1)(iii) is modified to require a
pilot to intercept and track courses through the use of navigation
systems. The FAA modified Sec. 61.57(c)(1) to require instrument
experience ``under actual or simulated instrument conditions either in
flight appropriate to the category of aircraft for the instrument
privileges sought or in an approved flight simulator or flight training
device that is representative of the aircraft category for the
instrument privileges sought. * * *'' The FAA notes that GAMA's comment
would impose an additional economic burden on pilots, and would
therefore continue to require that flight time used to satisfy
instrument recency experience be in the category but not the class of
aircraft for which instrument privileges are sought. The FAA believes
that the removal of the proposed requirement to perform and log
recovery from unusual attitudes should relieve the concern expressed by
NBAA since compliance with the remaining requirements should be
achievable in normal flight operations. In consideration of AOPA's
comment, the FAA has clarified the language of paragraph (c)(2) in the
final rule. The
[[Page 16253]]
FAA also included in paragraph (c)(2) the requirement that the
instrument experience be performed and logged under actual or simulated
instrument conditions.
Section 61.57(d) Instrument proficiency check.
The FAA proposed to clarify this paragraph by requiring that the
instrument proficiency check include a representative number of the
tasks required for original certification of an instrument rating and
by replacing the term ``instrument competency check'' with ``instrument
proficiency check''.
Comments: GAMA states that the instrument proficiency check will be
better defined by the inclusion of the tasks listed in Sec. 61.57
(c)(1)(i) through (c)(1)(v). NAFI, however, objects to the requirement
that the check consist of a representative number of the tasks required
in the instrument rating practical test. NAFI states that a proficiency
check should be restricted to those items a pilot is likely to
encounter in his or her flying environment.
Some individual commenters express uncertainty regarding the change
in terminology from ``instrument competency check'', in the current
regulation, to ``instrument proficiency check'', as specified in the
proposed rule language. They point out that this check is referred to
as an ``instrument proficiency test'' in the preamble. At least one
commenter advocates that instrument-rated pilots should undergo a
``check'' every 6 months.
FAA Response: After consideration of the comments, the FAA has
determined that the requirement to perform a representative number of
tasks required by the instrument rating practical test will promote
safety, and that a required ``check'' every 6 months, as proposed by
one commenter, would impose an unwarranted economic burden on pilots
seeking to retain instrument privileges. To maintain consistency in
terminology throughout the rule, the proposal to change the term
``instrument competency check'' to ``instrument proficiency check'' is
also adopted. In addition, the FAA has modified the language in
paragraph (d) to reflect that an instrument proficiency check need only
be accomplished in the category of aircraft for which instrument
privileges are sought. Amendment No. 61-100 inadvertently required that
this check be accomplished in the class of aircraft for which
privileges are sought.
Section 61.57(e) Exceptions.
The FAA proposed to extend the exception requirements for the
general and night recency experience requirements of Sec. 61.57 to
pilots in command in part 125 operations.
Comments: HAI questions why takeoff and landing currency does not
apply to part 121, 125, or 135.
FAA Response: In response to HAI's query, Sec. 61.57(e) excepts
these pilots because they are required to meet recent experience
requirements under Secs. 121.439, 125.285, and 135.247. In Notice No.
95-11, the FAA inadvertently omitted the references to Secs. 121.437,
121.439, 135.243, and 135.247 from this paragraph and has therefore
included them in the final rule. In addition, the final rule modifies
paragraph (e)(1) to require explicitly that pilots operating under the
exception for pilots employed by part 125 operators comply with
Secs. 125.281 and 125.285, because the FAA has determined that pilot in
command qualifications and the recent experience requirements under
part 125 are equivalent to the general and night recency requirements
under part 61.
The proposal is adopted with the changes discussed above and minor
editorial changes.
Section 61.58 Pilot-in-command proficiency check: Operation of
aircraft requiring more than one required pilot.
The FAA proposed minor editorial and format modifications to this
section in Notice No. 95-11, including a proposal to revise former
Sec. 61.58 (b)(3), (c)(2), and (e) by eliminating references to part
127, because no certificate holders currently operate under part 127.
Furthermore, the FAA proposed to add part 125 operators to existing
Sec. 61.58 (b)(3), (c)(2), and (e) in reference to persons conducting
operations under part 125. Part 125 operators were not addressed in
this section when the part was initially established, therefore, the
FAA proposed to include part 125 pilots.
Additionally, the proposal required a pilot seeking an aircraft
type rating to perform to ATP standards, which codified the existing
policy for FAA pilot certification standards. The FAA also proposed to
remove the obsolete reference to part 123 and part 127 operators.
The FAA has modified the final rule so that Sec. 61.58 is
substantially equivalent to the provisions set forth in Amendment No.
61-100. No substantive comments were received.
Section 61.59 Falsification, reproduction, or alteration of
applications, certificates, logbooks, reports, or records.
Minor editorial changes were proposed to this section, and it is
adopted as proposed.
Section 61.60 Change of address.
The FAA proposed editorial and format changes to this section. The
FAA also proposed to revise this section to include ground instructor
certificates.
Comments: AOPA objects to the proposed language in this section
that provides that an airman may not exercise the privileges of a
certificate unless he or she notifies the FAA of the change within 30
days. AOPA believes that the use of the word ``unless'' could be
interpreted to permanently prohibit the exercise of privileges if the
notification was not made in 30 days. The commenter also points out
that ground instructor certificates were not included in the proposal.
FAA Response: The FAA did not intend the interpretation suggested
by the commenter and does not believe that the language reasonably
would be interpreted in this manner. Similar language was used in the
existing rule without any such confusion. Although the FAA acknowledges
that the reference to ground instructor certificates was not
specifically stated, the term ``airman certificate'' includes ``ground
instructor certificate.'' However, the final rule is modified by
replacing ``Persons who hold an airman certificate'' with ``The holder
of a pilot, flight instructor, or ground instructor certificate'' to
avoid any possible confusion. In addition, the reference to ``new
address'' has been clarified to incorporate current policy, which is to
not accept post office box numbers as the permanent mailing address.
The proposal is adopted with the above modification and minor
editorial changes.
Subpart B--Aircraft Ratings and Pilot Authorizations
Section 61.61 Applicability.
The FAA proposed to delete the words ``or instructor'' from this
section because the issuance of an additional rating for a flight
instructor certificate is contained in subpart H of part 61.
No substantive comments addressing this proposal were received. The
FAA deleted the reference to ``special purpose authorizations'' from
the final rule and substituted the term ``pilot authorizations''
because subpart B applies to additional pilot authorizations.
[[Page 16254]]
Section 61.63 Additional aircraft ratings (other than airline
transport pilot.)
In Notice No. 95-11, the FAA proposed to revise the title of this
section, reformat the section for clarity, and revise the required
aeronautical experience and training requirements for persons seeking
an additional category and class rating. The proposal also clarified
when an applicant would be required to accomplish a knowledge test. In
addition, the FAA proposed to restrict the issuance of a ``VFR only''
limitation for an aircraft type rating to only those aircraft that
cannot be used to accomplish the practical test under IFR because its
type certificate makes the aircraft incapable of operating under IFR.
Comments: HAI states that proposed Sec. 61.63(a)(1) seems to
contradict proposed Sec. 61.63(a)(5), which states that supervised
pilot in command is not required. The commenter asks whether it is the
FAA's intention that no solo time be required for an additional
category rating. HAI states that in such a circumstance, a rated
airplane pilot transitioning to helicopters ``would never experience
picking the aircraft up with an empty seat.'' HAI asks that proposed
Sec. 61.63(a)(5) be deleted because some solo time in a different
category or class aircraft should be required.
FAA Response: The FAA agrees with HAI's position and has deleted
proposed Sec. 61.63(a)(5) from the final rule. In addition, the FAA has
modified the rule to ensure that pilots are required to meet the
aeronautical experience requirements for the pilot certificate and
class rating sought. Also, the FAA has included the provisions of
Sec. 61.64 adopted in Amendment No. 61-100 in this section and added
provisions applicable to the use of a flight simulator or flight
training device to obtain an additional rating in a powered-lift.
Section 61.64 has been reserved.
Additionally, the FAA has corrected an inadvertent omission in
existing Sec. 61.64 (h) and (i) by permitting a type rating for a
single station airplane to be obtained in a multiseat version of that
airplane. The final rule also eliminates an error noted in Sec. 61.64
as adopted in Amendment No. 61-100. The existing rule incorrectly
requires all applicants for an additional category rating or class
rating to take a knowledge test.
Section 61.65 Instrument rating requirements.
In Notice No. 95-11, the FAA proposed revisions to Sec. 61.65,
including changes to the specified aeronautical knowledge areas, areas
of operation, aeronautical experience requirements, and instrument
training requirements. Significant changes proposed included
elimination of the existing aeronautical experience requirements of 125
hours total time and 50 hours pilot in command cross-country time; an
increase in the required instrument training time received from an
instrument instructor to 40 hours compared to 15 hours in the existing
rule; and the addition of new category-and class-specific requirements
for airplanes, helicopters, and powered-lift. The proposed changes,
comments received, and the FAA response to the elimination of the
existing 125-hour total time and 50-hour pilot in command cross-country
time requirements are discussed in greater detail in section IV, E.
In the FAA proposal, the section was organized by listing
requirements in a more concise format. The FAA believes this will help
the applicant and the examiner know more readily which requirements are
to be met.
The FAA added a requirement in proposed paragraph (a)(2) for
applicants to be able to write in the English language, while deleting
existing provisions for the Administrator to place a limitation on the
certificates of those unable to meet the English language requirements.
In proposed paragraph (a)(4), the FAA required an applicant to
receive training or complete a home-study program, and receive an
endorsement from a ground or flight instructor certifying that the
applicant received training on the required aeronautical knowledge
areas of this section that are appropriate to the instrument rating
sought. The paragraph also specified that an applicant for a practical
test must receive an endorsement from the flight instructor who gave
the applicant training certifying that the applicant is prepared for
the practical test.
Proposed paragraph (a)(7) specified that an applicant who completes
an instrument practical test in a multiengine airplane and who holds an
airplane category and single-engine class rating is considered to have
met the requirements for an instrument rating in a single-engine
airplane.
In the aeronautical knowledge requirements of proposed paragraph
(b) added requirements included training in windshear avoidance,
aeronautical decision making and judgment in the aeronautical knowledge
requirements, and flight deck resource management, to include crew
communications and coordination.
In proposed paragraph (c), the term ``flight proficiency
requirements'' is replaced with ``areas of operation''. The new
requirements included a change from existing language for specific
training in the VOR, ADF, and ILS systems to a more general requirement
for training in instrument approach procedures.
In proposed paragraph (d)(1), the FAA required 40 hours of
instrument training from an instrument instructor. Although the
existing rule required 40 hours of simulated or actual instrument time,
only 15 hours of instrument flight instruction from a CFII were
required. Proposed paragraph (d)(3) required that 5 hours of instrument
training be received in the appropriate category and class, while
paragraph (d)(4) required 3 hours of such class-specific training
within 60 days preceding the test. In proposed paragraph (d)(5), the
FAA revised the 250-nautical-mile, cross-country requirement of
instrument rating-airplane applicants. It was specified that at least
one leg, measured as a straight-line distance, be greater than 100
nautical miles between airports, and that the cross-country be
conducted under IFR. However, the proposal deleted the existing
requirement that this flight be conducted under simulated or actual
instrument conditions, and specified three different kinds of
approaches be conducted during the flight instead of VOR, ADF, and ILS
systems, as provided for in the existing rule. Similar changes were
proposed in paragraph (d)(6) for the instrument rating helicopter
requirements, in which the required cross-country flight was 100
nautical miles with one segment of more than 50 nautical miles.
Paragraphs (d)(7) and (d)(8) proposed similar requirements, with
specified distances for airship and powered-lift instrument ratings,
respectively.
Comments: Citing Sec. 61.65(a)(4)(iv), HAI comments that the
language requiring an applicant to ``have received an endorsement from
the instructor who gave the training'' occurs frequently and could be
interpreted to mean that all training required for the rating must be
from one instructor. HAI states that this could be a problem if an
instructor becomes unavailable during training.
AOPA expresses concern that, in proposed paragraph (b), the FAA
failed to include its new aeronautical knowledge area of planning for
air traffic delays. The commenter states that this requirement was
included inappropriately for recreational and private pilots, while
instrument-rated pilots are far more likely to encounter air traffic
delays.
[[Page 16255]]
HAI objects to the requirement in proposed Sec. 61.65(d)(1) that 40
hours of instrument training be obtained from a CFII or instrument
ground instructor. The commenter states that currently part of this
training can be logged with either a safety pilot or from a CFI.
NAFI opposes the proposed paragraph (d) cross-country requirements,
especially the 100-nautical-mile leg requirement. NAFI does not see a
need for this requirement and states that it would preclude a cross-
country of three relatively equal legs. NAFI comments that cross-
country flight already would have been demonstrated during private
pilot training. According to NAFI, it also may be difficult to meet the
requirement for three different types of approaches, as well as an
instrument approach 100 nautical miles away, in some parts of the
country. AOPA also objects to the 100-nautical-mile leg requirement,
because it would limit training flexibility. AOPA comments that most
learning during instrument training results from entering and exiting
the terminal environment. An individual commenter echoes AOPA's
concern.
NATA is in opposition to two aspects of the proposed requirements
for the instrument rating long cross-country flight. According to NATA,
the requirement in proposed Sec. 61.65(d)(5) that the flight be
performed in a class-specific aircraft ``poses an unnecessary economic
burden on the student, with no benefit.'' NATA also opposes the
elimination of any requirement for specific types of approaches and
states that at least one precision approach should be required.
AOPA states that the proposed requirement for the instrument cross-
country flight to be conducted under ``IFR'' creates significant
confusion because the term ``IFR'' is not defined in part 1 or part 61.
AOPA interprets the new language to require the flight to be conducted
under IMC or that a flight plan be filed. The commenter states that,
under its interpretation of the proposal, the flight instructor would
need to posses a medical certificate since the instructor would have to
be pilot in command for purposes of filing a flight plan. AOPA urges
the retention of the current language, which requires the flight to be
conducted under ``actual or simulated IFR conditions.''
HAI states that training helicopters such as the R-22 are not
certificated for flight in instrument conditions. The commenter asks
whether a helicopter not certificated for flight in IMC can legally be
flown on an IFR flight plan, and adds that, if the flight is done under
IFR, and VMC cannot be maintained, then the pilot will need to cancel
IFR and reattempt to meet this requirement.
Additionally, several comments oppose the proposal to eliminate the
requirement that the cross-country flight be flown under actual or
simulated instrument conditions. One individual commenter states that
the visual reference removes the need for maintaining spatial
orientation and a consistent scan of the panel, and that the
requirement would reduce the flight to just another VFR flight.
Commenters recommend a requirement for 2 to 5 flight-time hours in
actual instrument conditions.
In addition, commenters offer various views on the use of flight
simulators or ground training devices, advocating either less or more
use of such equipment during the instrument training. GAMA comments
that simulators and flight training devices provide much more effective
training than simply requiring the pilot to log a certain amount of
``unfocused'' flight time. GAMA, the FAA, and university research, as
well as the U.S. military, have demonstrated that, with the proper
instruction, relatively low-time pilots can readily learn instrument
flying skills. AOPA, NBAA, and several individual commenters echo these
views and encourage the FAA to expedite the integration of personal
computer-based flight training devices for instrument training and
proficiency.
FAA Response: The FAA acknowledges HAI's concern regarding the
language ``the instructor who gave that person the training'' and
therefore has deleted the objectionable language. The FAA has changed
the language in the recreational and private pilot aeronautical
knowledge area requirements so that it now refers to delays rather than
specifically to ATC delays. ATC delays concerning instrument rated
pilots are addressed in Sec. 61.65(b)(3), which provides for training
in the air traffic control system and procedures for instrument flight
operations. The FAA notes HAI's objection to proposed Sec. 61.65(d)(1).
The change resulted in an inadvertent increase in the amount of
instrument time that must be obtained from a CFII. The FAA has noted
this error and corrected it in the final rule. The FAA is adopting in
the final rule the proposal to eliminate the existing 125-hour total
time requirement, but is not eliminating the 50-hour pilot in command
cross-country time requirement, as discussed in section IV,E.
In response to NATA's concerns regarding class-specific aircraft
requirements within the proposed rule, the FAA has withdrawn the
proposed class-specific instrument rating, with the exception of the
powered-lift instrument rating, as explained in section IV,F. NATA's
other objection regarding the elimination of the requirements for
specific types of approaches, including precision approaches, is
addressed in Sec. 61.65(c)(6). The requirement for specific types of
approaches was deleted from the aeronautical experience requirements in
Sec. 61.65; precision approaches are still covered in the PTS. The
objections of AOPA and NAFI to the 100-mile leg requirement are noted,
and the FAA has decided to withdraw the proposal and return to current
requirements. The FAA's intent was to clarify the regulation but, based
on the comments submitted, the provision resulted in greater confusion
and did not provide the flexibility for pilots to plan their cross-
country flights according to individual situations. In addition, based
on the above, the FAA has decided to remove from the final rule the 50-
mile leg requirement for helicopters. In response to AOPA's and HAI's
comment regarding the use of the term ``IFR,'' it is the FAA's intent
to require a person to file an instrument flight plan and perform a
flight under IFR, although not necessarily under IMC. Therefore, the
FAA is going forward with the proposal. The objections raised by
commenters regarding the need for instrument training in actual or
simulated conditions are not valid because the definition of instrument
training includes a requirement for actual or simulated conditions.
Addressing concerns raised throughout the proposed regulations, the
final rule modifications to this section also include the insertion of
language restoring the ability of the Administrator to place operating
limitations on an applicant unable to meet the English language
requirements, as discussed in section IV,G; and deletion of provisions
for the proposed instrument airship rating, because that rating was not
adopted, as discussed in section IV,D. Similarly, as discussed in
section IV,D, the FAA is not adopting the proposal to separate the
instrument rating into single and multiengine classes, the proposed
paragraph giving single-engine instrument privileges to applicants who
pass the instrument rating practical test in multiengine practical test
is redundant and therefore deleted.
The use of ground training devices was addressed in Amendment No.
61-100. These provisions are included in the final rule.
[[Page 16256]]
Additionally, the final rule corrects several errors noted in
paragraph (g) of the existing rule as adopted in Amendment No. 61-100.
Existing paragraph (g)(1) erroneously contains the word ``any'' prior
to the phrase ``category, class, and type aircraft that is certificated
for flight in instrument conditions.'' This incorrectly allows the use
of any category, class, and type of aircraft during the practical test;
e.g., the use of a helicopter for an airplane instrument rating
practical test. Also, that same paragraph in the existing rule contains
the phrase ``that is certificated for flight in instrument
conditions.'' That language unintentionally precludes practical testing
in some aircraft that may not be certificated for flight into
instrument meteorological conditions, but which may be operated under
instrument flight rules, provided the flight is conducted in weather
conditions that meet the requirements for flight under visual flight
rules.
In response to a comment received regarding Amendment No. 61-100,
requesting clarification on the use of a flight simulator or flight
training device during the practical test, the FAA has revised
paragraph (a)(8) of the final rule to provide for the use of a flight
simulator or a flight training device for the conduct of a practical
test if that flight simulator or flight training device is approved for
the procedure performed. The final rule also limits the procedures
which may be performed in an approved flight training device to one
precision and one nonprecision approach provided the flight training
device is approved.
The format of the final rule was further changed to accommodate the
included modifications.
Section 61.67 Category II pilot authorization requirements.
In Notice No. 95-11, the FAA noted that this section was addressed
in a separate NPRM titled ``Aircraft Flight Simulator Use in Pilot
Training, Testing, and Checking at Training Centers,'' that was issued
on July 15, 1992 (57 FR 35918; August 11, 1992). On July 2, 1996, the
provisions contained in that notice were issued as a final rule in
Amendment No. 61-100. The provisions of Sec. 61.67 set forth in that
rule have also been included in this final rule with only minor
editorial changes.
Section 61.68 Category III pilot authorization requirements.
Although this section was not included in Notice No. 95-11, its
provisions were adopted as part of Amendment No. 61-100. The provisions
of Sec. 61.68 have therefore been included in this final rule with only
minor editorial changes.
Section 61.69 Glider towing: Experience and training requirements.
In Notice No. 95-11, proposed Sec. 61.69 was reformatted and
revised. The FAA proposed to revise the title of this section to read,
``Glider towing: Experience and training requirements.'' The title of
the existing Sec. 61.69 read ``Glider towing: Experience and
instruction requirements.''
The FAA proposed in paragraph (a) to clarify the requirements for a
pilot who desires to act as a pilot in command of an aircraft towing a
glider. Proposed paragraph (b) clarifies the requirements for a pilot
who accompanies that person, specifying that the accompanying pilot,
not the applicant, is required to have at least 10 flight hours as a
pilot in command of an aircraft towing a flight.
The FAA also proposed to eliminate the second alternative of
existing Sec. 61.69, which allowed for a person to have made at least
three flights as sole manipulator of the controls of an aircraft
simulating glider towing flight procedures and at least three flights
as pilot or observer in a glider being towed by an aircraft in order to
qualify as a pilot in command of an aircraft towing a glider. The FAA
proposed to require that to be eligible for glider towing, the pilot
must have specified experience actually towing gliders under the
supervision of an experienced pilot.
Comments: SSA opposes the elimination of the existing rule's second
method for tow endorsement from Sec. 61.69. The commenter states that
the elimination of this option would create a severe limitation for
commercial operators and clubs that tow with single-place towplanes.
SSA contends that the proposed rule would require these operators to
have available an aircraft with two pilot seats and a tow hitch to
complete a checkout, or to hire a multiplace towplane with a tow hitch
from another airport or operator. SSA also believes that the wording of
proposed Sec. 61.69(b)(3), which lists the requirements an instructor
must meet prior to being authorized to endorse another pilot for
towing, is unclear. AOPA, EAA, and NAFI support SSA's comments on
glider towing. AOPA adds that Sec. 61.69 refers to towing with a
``single-engine airplane,'' ignoring that it is possible for a
multiengine airplane to be used. NAFI echoes this last comment by AOPA.
An individual commenter agreed with the objection to eliminating the
existing rule's second option, citing it as the only one available when
the towplane has a single seat, such as is the case for the Piper PA-25
(Pawnee).
FAA Response: The FAA considered the comments of AOPA, EAA, NAFI,
and SSA, which oppose the elimination of the existing rule's method for
tow endorsement (simulated tow). After further review of the proposal,
the FAA has concluded that operational requirements and accident/
incident data do not establish a safety justification sufficient for
the increased regulatory and economic burden. Therefore, the existing
method has been reinstated.
Addressing AOPA's concern that the proposal's use of the term
``single-engine airplane'' was too specific, the FAA has replaced that
term in the final rule. The final rule requires the towing pilot to be
certificated in a powered aircraft. The final rule revises the proposed
100-hour pilot-in-command time requirement to specify ``category,
class, and type, if required'' rather than the proposed ``single-engine
airplanes.'' Other references to ``single-engine airplane'' were
replaced by ``aircraft.'' The final rule also restores the recency of
experience requirements for glider towing. The proposed rule
inadvertently deleted recency of experience requirements for glider
towing, although it did include the requirements for the pilots
accompanying glider towing trainees. These requirements have been
included in the final rule.
Section 61.71 Graduates of an approved training program, other than
under this part: Special rules.
In Notice No. 95-11, the FAA proposed to change the title of this
section. In addition, the FAA proposed to permit the crediting of
training conducted under part 141- or part 142-approved training
programs, and the issuance of an ATP certificate, type rating, or both,
to a person who has satisfactorily accomplished an approved training
program and a pilot in command proficiency check for that aircraft
type, in accordance with the pilot in command requirements of subparts
N and O of part 121 of this chapter. The proposal also deleted the
existing requirement for an applicant seeking an instrument rating who
graduates from a pilot school certificated under part 141 to hold a
commercial pilot certificate and a second-class medical certificate,
and the requirement that graduates of pilot schools with examining
authority must apply for a certificate or rating within 90 days.
Comments: AOPA opposes retention of the current requirement in
Sec. 61.71(a)(1), which provides a 60-day limitation on graduates from
a part 141
[[Page 16257]]
or part 142 school to take a practical flight test. The commenter
encourages the FAA to increase this period to 90 days to accommodate
graduates of university-based schools who may not complete their phase
checks until the end of the semester and might have an intervening
period for travel or job considerations before they can perform the
practical test.
FAA Response: In response to AOPA's recommendations, the FAA has
found that the 60-day requirement is adequate and consequently
Sec. 61.71, as proposed, is adopted with only minor editorial changes.
Section 61.73 Military pilots or former military pilots: Special
rules.
The proposed changes in this section clarified that military and
former military pilots would be required to have graduated from a
military pilot training course or military pilot flight school, and
received official military aeronautical orders before applying for
their commercial pilot certificate. In Notice No. 95-11, the provision
in existing Sec. 61.73(a) that permitted military pilots to apply for a
private pilot certificate was deleted because, historically, military
pilots have not chosen a private pilot certificate when a commercial
pilot certificate could be issued without complying with any further
requirements. Also, existing Sec. 61.73(g)(6) was deleted because
Tactical (Pink) Instrument cards were last issued by the Army in 1971.
In addition, the content of existing Sec. 61.73(d)(2) was moved to
proposed Sec. 61.73(d)(5), and the limitation for ``VFR only'' was
deleted because, since 1972, all U.S. military pilot training requires
instrument qualification training. The proposed rule also included an
administrative clarification for elevating type ratings on the
superseded pilot certificate to the ATP certificate level, and
implemented minor wording and structure changes.
Comments: One commenter states that although military training
surpasses part 61 requirements, pilots should not receive authorization
to fly sophisticated piston-engine aircraft without any previous
experience with controllable pitch-propeller aircraft.
FAA Response: In answer to the commenter's concern, the FAA already
requires additional training and an endorsement to operate complex and
high-performance airplanes as provided in Sec. 61.31 of this chapter.
To impose additional requirements would be beyond the scope of this
rulemaking. Therefore, this proposed section was implemented with only
minor clarifying language changes.
Section 61.75 Private pilot certificate issued on basis of a foreign
pilot license.
In Notice No. 95-11, the FAA proposed changes to Sec. 61.75
regarding issuance of a U.S. pilot certificate on the basis of a
foreign pilot license.
The title of proposed Sec. 61.75 would be changed from ``Pilot
certificate issued on basis of a foreign pilot license'' to ``Private
pilot certificate issued on basis of a foreign pilot license.''
The FAA proposed in paragraph (b) to delete the existing provision
that permitted a pilot with a foreign commercial, senior commercial, or
ATP license to apply for a U.S. commercial pilot certificate. The FAA
proposed to permit those pilots to apply only for a U.S. private pilot
certificate, with appropriate ratings. Proposed paragraph (b)(4) added
a provision that would permit an applicant to use his or her medical
certificate issued by the country that issued the foreign pilot license
in lieu of a medical certificate issued under part 67.
In proposed paragraph (e), the FAA deleted existing language that
based pilot privileges on those authorized by the foreign pilot
license, while adding a provision in proposed paragraph (e)(2) stating
that a holder of a private pilot certificate, issued under this
section, is limited to the privileges placed on that certificate by the
Administrator. Proposed paragraph (e)(3) added a provision stating that
a holder of a private pilot certificate, issued under this section, is
subject to the limitations and restrictions on the person's U.S.
certificate and foreign pilot license. A provision was added in
proposed paragraph (e)(4) that restricts each foreign pilot license
holder from exercising the privileges of his or her U.S. pilot
certificate while that holder's foreign license is under an order of
revocation or suspension.
Proposed paragraph (f) added a provision that would require a pilot
with a foreign pilot license to submit a transcription of that foreign
pilot license and that pilot's medical certificate in the English
language, unless the licenses and limitations are already in the
English language.
In proposed paragraph (g), the FAA required an applicant for a U.S.
pilot certificate to read, speak, write, and understand the English
language. Also deleted in this paragraph was existing language
specifically disallowing the U.S. certificate issued under this section
to be used for agricultural operations. A provision was added to this
paragraph that states that the U.S. private pilot certificate, issued
under this section, is valid only when that person has a foreign pilot
license in his or her personal possession or readily accessible in the
aircraft.
Comments: No substantive comment was received. Therefore,
specifically with regard to this section, apart from editing changes,
the final rule is adopted as proposed.
Section 61.77 Special purpose flight authorization: Operation of U.S.-
registered civil aircraft leased by a person who is not a U.S. citizen.
The FAA proposed to replace the current special purpose pilot
certificate for foreign pilots of U.S.-registered aircraft with a
special purpose pilot authorization. The FAA recognizes
``authorizations'' as equivalent to certificates issued by the
Administrator under 49 U.S.C. Sec. 44711(a)(2), formerly the Federal
Aviation Act of 1958, as amended, to be issued by a Flight Standards
District Office (FSDO) under Sec. 61.77. In addition, the FAA proposed
to clarify Sec. 61.77 to align the ``age 60'' rule for pilots with the
requirements of part 121 for all U.S. and foreign pilots who are 60
years of age or older, and who are employed by foreign air carriers
that operate U.S.-registered civil aircraft for compensation or hire in
scheduled international air services and nonscheduled international air
transport operations.
Comments: AOPA, EAA, and NAFI oppose Sec. 61.77(b)(6) and (e)(4)
because the proposed age limitation represents ``blatant age
discrimination,'' and they believe that it is inappropriate to include
such provisions because the matter is at issue in Congress and the
courts.
FAA Response: Notice No. 95-11 proposed to align the age 60 rule
with similar provisions in part 121. As previously discussed in the
analysis of Sec. 61.3, part 121 was revised to include certain commuter
operations previously addressed in part 135. Accordingly, the FAA is
amending the applicability of the age limitation in Sec. 61.77 to be
consistent with current part 121, as well as with Sec. 61.3(j). The FAA
invites comments on the inclusion of additional aircraft operations
under the age 60 limitation as set forth in Sec. 61.77.
In the past, Sec. 61.77 has applied only to aircraft engaged in
part 121 operations; therefore, the age 60 limitation applied to all
holders of certificates issued under Sec. 61.77. Because the
applicability of Sec. 61.77 is now expanded to all civil aircraft, the
age 60 limitation will not apply to all special purpose pilot
authorizations, and reaching the age of 60 will not result in the
expiration of the authorization.
[[Page 16258]]
As discussed in connection with Sec. 61.3(j), the FAA is delaying
implementation of the age 60 limitation for pilots of commuter aircraft
that now will be governed by part 121. A similar delayed implementation
is in Sec. 61.77(g).
Subpart C--Student Pilots
The FAA proposed to establish separate subparts for student pilots
and recreational pilots. In addition, the title of subpart C was
revised from ``Student and Recreational Pilots'' to ``Student Pilots.''
The final rule includes these changes as proposed.
Section 61.81 Applicability.
The FAA proposed to delete the reference to recreational pilot
certificates and ratings in this section, which were included in
proposed subpart D. No substantive comments were received, and the rule
is adopted as proposed.
Section 61.83 Eligibility requirements for student pilots.
Proposed paragraph (c) added a requirement that an applicant be
able to write in the English language. The existing rule only required
an applicant to have the ability to read, speak, and understand the
English language. In addition, the proposed rule applied to all
applicants, eliminating the existing provision that permits applicants
who cannot read, speak, and understand the English language to receive
a certificate with an operating limitation as deemed necessary by the
Administrator.
Proposed paragraphs (d) and (e) included minor revisions to the
medical requirements for applicants who desire a rating in a glider or
a balloon.
Comments: AOPA and IDPA express the same concerns previously
discussed regarding the deletion of the existing language that
permitted operating limitations for those applicants unable to read and
speak the English language due to medical conditions.
FAA Response: Upon reviewing the concerns of AOPA, IDPA, and other
commenters, the FAA has restored language permitting an operating
limitation for medical conditions. This issue is discussed in section
IV,G. In addition, the FAA has placed the references to medical
requirements for student pilots in Sec. 61.23, as discussed in the
analysis of that section.
Section 61.85 Application.
In Notice No. 95-11, no substantive changes were made to this
section, which would permit an applicant for a student pilot
certificate to submit a certification that he or she has no known
medical defect that would make him or her unable to pilot an aircraft.
As a result of the separation of the student pilot certificate from the
medical certificate, all requirements that pertain to the issuance of
medical certificates and the conduct of pilot operations during any
medical deficiency are contained in Secs. 61.23 and 61.53 of the final
rule. These requirements are further explained in the analysis of
Secs. 61.23 and 61.53.
Section 61.87 Solo requirements for student pilots.
In Notice No. 95-11, the FAA proposed to change the title of
Sec. 61.87 from ``Solo flight requirements for student pilots'' to
``Supervised pilot in command requirements for student pilots''.
Additionally, the term ``solo'' was replaced with ``supervised pilot in
command'' for reasons discussed in the analysis of Sec. 61.1.
This section was revised to include separate supervised pilot in
command maneuvers and procedures for the airplane single-engine rating,
airplane multiengine rating, rotorcraft helicopter rating, rotorcraft
gyroplane rating, glider nonpowered rating, glider powered rating,
lighter-than-air airship rating, lighter-than-air balloon rating, and
powered-lift rating. Comments addressed various proposed requirements
within this section and are discussed below. For reasons discussed in
the analysis of Sec. 61.1, the FAA is retaining the term ``solo.'' The
proposed term ``supervised pilot in command'' is being replaced by the
existing term ``solo'' throughout the final rule, where appropriate.
Additionally, the language of the proposal has been modified for
clarity.
Section 61.87(a), General; and Section 61.87(b), Aeronautical
knowledge.
Proposed paragraph (a) deleted the existing definition of the term
``solo flight.'' In paragraph (b), the FAA proposed to replace the term
``written examination'' with the term ``test'' to permit the
administration of the required test in a format other than on paper
(e.g., computer response).
Comments: AOPA and NAFI oppose the requirement in proposed
Sec. 61.87(b) that a student take a written test prior to engaging in
supervised pilot in command. The commenters state that most instructors
conduct this test already, and many insurance companies require flight
schools to perform such tests; codifying the provision needlessly adds
to an instructor's burden and exposure to enforcement action. AOPA also
comments that the FAA has not presented any justification for the
proposed change. According to AOPA, there is no indication that the
proposal will enhance safety. An individual commenter proposes that the
test should not necessarily have to be administered by the instructor,
as long as the instructor reviews the test results with the student.
FAA Response: A definition of ``solo flight'' similar to that of
the existing rule has been added to paragraph (a) of the final rule. In
this new definition, the phrase ``an airship'' has been replaced by ``a
gas balloon or an airship''. In paragraph (b), the first proposed
reference to the word ``test'' has been replaced with ``knowledge
test'', for consistency with new FAA usage. Regarding the existence of
the test requirement itself, the FAA notes the concerns of AOPA and
NAFI, but points out that the requirement merely reflects the existing
rule. Therefore, this final rule is adopted with the changes discussed
above.
Section 61.87(c), Pre-solo flight training.
The FAA proposed some minor reformatting of existing requirements
but no substantive change to this paragraph.
Comments: SSA recommends modifying proposed Sec. 61.87(c)(1) to
provide for supervised pilot in command in single-place gliders.
According to SSA, it is very common to solo a student in a two-place
glider and, when competent, in a single-place glider of similar
characteristics. SSA comments that the existing and proposed versions
of Sec. 61.87(c) limit solo flights to aircraft with more than one seat
by using the phrase ``in make and model.'' SSA states that Notice No.
95-11 proposes to give an instructor authority to endorse a student for
supervised pilot in command in a single-place glider, but the commenter
believes that the rule should be explicit on this issue. SSA proposes
the following language: ``For single-place aircraft, the pre-supervised
pilot in command training must have been received in an aircraft that
has two pilot seats and is of the same category, class, and type, as
appropriate, and the single-place aircraft must have similar flight
characteristics to those of the aircraft with two pilot seats.''
FAA Response: The FAA has modified Sec. 61.87(c)(2) to permit a
student pilot to demonstrate flight proficiency in a similar make and
model of aircraft to that in which the student pilot will conduct solo
flight. The FAA notes that similar make and model aircraft should be of
a similar design, with similar operating, performance, flight, and
handling characteristics. The
[[Page 16259]]
revision made by the FAA to the proposal made in Notice No. 95-11 will
apply to all categories and classes of aircraft. As examples, the
proposed revision will permit a student pilot to receive flight
training in a Schweizer 2-33 and solo a Schweizer 1-26, or receive
flight training in a two-place gyroplane but solo in a single-place
version of that same gyroplane, even though the single-place version
has a slightly smaller powerplant. The FAA also notes that a flight
instructor must endorse a student pilot for solo flight in the actual
make and model aircraft in which the student pilot will conduct flight
operations. Except for this change the final rule is adopted as
proposed.
Section 61.87(d), Maneuvers and procedures for pre-solo flight training
in a single-engine airplane; Sec. 61.87(e), Maneuvers and procedures
for pre-solo flight in a multiengine airplane; and Sec. 61.87(f),
Maneuvers and procedures for pre-solo flight training in a helicopter.
The FAA proposed to revise existing requirements. It also proposed
to use the term ``slow flight'' in place of the previously used term
``minimum controllable airspeed.'' Details of the maneuvers and
procedures to be performed by students would be established through the
appropriate practical test standards. The requirement for training on
stall entries and recoveries was inadvertently omitted from proposed
paragraph (d).
Comments: AOPA states that proposed Sec. 61.87 (d)(9) and (e)(9)
could hurt the long-term safety record of general aviation because the
requirement for flight at minimum controllable airspeed has been
replaced with ``slow'' flight. AOPA points to the FAA's definition of
slow flight as 1.2 times the stall speed of the aircraft, which is only
marginally slower than the standard approach speed of 1.3 times the
stall speed. According to AOPA, stall recognition and handling
characteristics of an aircraft at minimum controllable airspeed
constitutes ``critical knowledge'' for a student pilot and should not
be removed.
AOPA also states that the deletion of requirements for pre-solo
stall recovery training is a mistake. Individual commenters echo this
view, stating that this omission appeared to be inadvertent.
HAI cites proposed Sec. 61.87(d) and (f) and asks whether these
procedures for supervised pilot in command training are intended for
solo practice. The commenter believes that student pilots should not
perform emergency procedures without an instructor in the aircraft.
FAA Response: The existing requirement for training on stall
entries and recoveries was inadvertently omitted from the proposal. A
requirement for ``stall entries from various flight attitudes and power
combinations with recovery initiated at the first indication of a
stall, and recovery from a full stall'' has been inserted into
paragraphs (d) and (e) of the final rule. AOPA's concerns regarding the
deletion of flight at minimum controllable airspeed were reviewed, but
the change of terminology to ``slow flight'' was made to provide the
FAA with flexibility in determining which specific tasks should be
performed in the area of operation. This is issue discussed in section
IV,H. Moreover, the FAA has determined that the stall training
requirement of the final rule ensures that the student obtains the
necessary practice in stall recognition and handling characteristics.
HAI's concerns also are noted; however, this section's requirements are
explicitly listed as pre-solo training, therefore, these maneuvers
would be conducted with an authorized instructor. Except for these
changes, the final rule is adopted as proposed.
Section 61.87(g), Maneuvers and procedures for pre-solo flight training
in a gyroplane; and Sec. 61.87(h), Maneuvers and procedures for pre-
solo flight training in a powered-lift.
In proposed paragraph (g), the FAA deleted provisions for single-
seat gyroplanes for reasons discussed in the analysis of Sec. 61.45.
Proposed paragraph (h) established student pilot training for the
proposed powered-lift category rating. For the same reasons discussed
in the response concerning the final rule's paragraphs (d), (e), and
(f), a requirement for flight training on stall entries and recoveries
was added to paragraph (h). Except for the changes discussed, the final
rule is adopted as proposed.
Section 61.87(i), Maneuvers and procedures for pre-solo flight training
in a glider.
Proposed paragraphs (i) and (j) established student pilot training
for the proposed nonpowered class ratings and for the powered class
ratings under the glider category, respectively. No substantive comment
directly addressed the proposed paragraph (i). As discussed in section
IV,F, the FAA is not proceeding with the separation of the glider
category into nonpowered and powered classes. Therefore, the final rule
consolidates the proposed separate requirements for gliders into one
paragraph. The language of the final rule makes provisions for powered
gliders as appropriate, without discussing them as a separate class.
Except for these changes, the final rule is adopted as proposed.
Section 61.87(j), Maneuvers and procedures for pre-solo flight training
in an airship; and Sec. 61.87(k), Maneuvers and procedures for pre-solo
flight training in a balloon.
The FAA proposed minor editorial and reformatting changes. No
substantive comments were received. The references to ``vents'' and
``deflation valves'' were added to paragraph (k) of the final rule.
Except for these changes, the final rule is adopted as proposed.
Section 61.87(l), Limitations on student pilots operating an aircraft
in solo flight; Sec. 61.87(m), Limitations on student pilots operating
an aircraft in solo flight at night; and Sec. 61.87(n), Limitations on
flight instructors authorizing solo flight.
The proposed paragraphs set forth the limitations on the exercise
of student pilot flight privileges.
Comments: HAI objects to the language regarding limitations on
flight instructors authorizing supervised pilot in command flight. HAI
interprets the rule as requiring that training be completed in the
specific aircraft. HAI states that the rule should not require training
in a specific aircraft, but merely in the same make and model of
aircraft to be flown during supervised pilot in command. The commenter
also contends that the rule can be interpreted to mean that an
instructor must be physically present to authorize the student pilot to
perform each supervised pilot in command flight. HAI recommends
modifying the rule to allow supervised pilot in command flight as long
as all of the requirements have previously been met and the student's
pilot logbook is properly endorsed.
AOPA opposes the proposed requirement that an instructor who
authorizes supervised pilot in command flight must endorse the student
pilot's certificate every 90 days. AOPA states that updating the
endorsement would require the issuance of additional student pilot
certificates simply to accommodate recordkeeping functions. The
commenter contends that an instructor should be able to keep the
student current by endorsing only the logbook within the preceding 90
days. One commenter echoed AOPA's objections.
FAA Response: The FAA agrees with part of HAI's concern over
possible
[[Page 16260]]
misinterpretation of the requirement that training be conducted in a
specific aircraft, therefore, the language in the final rule for the
paragraph has been changed from ``in the aircraft'' to ``in the make
and model of aircraft''. Additionally, in accordance with the revision
made to Sec. 61.87(c)(2) to permit a student pilot to demonstrate
flight proficiency in a make and model of aircraft similar to that in
which the student pilot will conduct solo flight, the FAA has revised
Sec. 61.87(n)(1)(i) to permit an instructor to authorize a student
pilot to perform a solo flight if the instructor has given the student
pilot training in either ``the make and model of aircraft or a similar
make and model of aircraft in which the solo flight is to be flown''.
The FAA also concurs with AOPA's objection to the requirement that
certificates be endorsed every 90 days. The final rule has therefore
been revised to only require additional 90-day solo endorsements to be
recorded in the logbook. The paragraphs pertaining to powered and
nonpowered glider class ratings have been restructured because the FAA
is not proposing separate powered glider and nonpowered glider ratings
as discussed in section IV,F. Except for these changes, the final rule
is adopted as proposed.
Section 61.89 General limitations.
The FAA proposed minor editorial changes to this section in Notice
No. 95-11. No substantive comments to this section were received; the
section is adopted as proposed.
Section 61.93 Solo cross-country flight requirements.
In Notice No. 95-11, the FAA proposed to revise and reformat
Sec. 61.93. In the proposal, the title was changed from ``Cross-country
flight requirements (for student and recreational pilots seeking
private pilot certification)'' to ``Supervised pilot in command cross-
country requirements for student pilots''. The FAA proposed to change
the term ``solo'' to ``supervised pilot in command'' to reflect the
proposed deletion of the term ``solo'' as discussed in the analysis of
Sec. 61.1.
The most significant change proposed was the establishment of
separate supervised pilot in command cross-country maneuvers and
procedures for the airplane single-engine rating, airplane multiengine
rating, rotorcraft helicopter rating, rotorcraft gyroplane rating,
nonpowered glider rating, powered glider rating, lighter-than-air
category airship rating, lighter-than-air category balloon rating, and
powered-lift rating.
In proposed paragraph (a), the FAA deleted the existing provision
that a student pilot may land at an airport other than the airport of
takeoff, in an emergency. This provision already exists in Sec. 91.3,
``Responsibility and authority of the pilot in command.''
Proposed paragraph (b)(1) clarified the language of the provision
for performing supervised pilot in command flights to and from an
airport within 25 nautical miles of the airport from which the flight
originated.
Proposed paragraph (b)(2) clarified the provision for performing
repeated supervised pilot in command cross-country flights that are no
more than 50 nautical miles.
Proposed paragraph (c) clarified existing requirements for
endorsements on the student pilot's certificate and in the student
pilot's logbook. The requirement for an endorsement on the student
pilot certificate would not apply to a pilot with a pilot certificate
who seeks privileges in another aircraft category, because a
certificated pilot would not hold a student pilot certificate.
Provisions were added in proposed paragraph (d) for the use of
radios for VFR navigation and two-way communications, procedures for
diverting to alternate airports, and windshear avoidance.
Comments: One commenter states that the requirements of
Sec. 61.93(a)(1) for supervised pilot in command cross-country flight
should be clarified for balloon operations, which do not originate at
an airport and do not land at the departure point.
HAI asks whether the cross-country endorsement section of the
student pilot certificate will be revised to allow an endorsement for
aircraft make and model as required in proposed paragraph (c)(1), in
light of the fact that the current requirement is merely for an
endorsement of aircraft category. AOPA also questions the make and
model specific requirement of paragraph (c)(1), stating that an
endorsement for category alone should be sufficient, since the proposed
logbook endorsement of paragraph (c)(2) would accommodate the make and
model endorsement. According to AOPA, the proposal would force the FAA
to issue more student certificates simply for recordkeeping functions.
HAI questions whether the logbook endorsement in proposed paragraph
(c)(2) for supervised pilot in command cross-country flight is
necessary in light of the requirement for the certificate endorsement.
Individual commenters objecting to both proposed paragraphs (c)(1)
and (c)(2) shared the associations' views. One instructor states that
the ``make and model'' requirement could be a hardship if a flight
school changed equipment in the middle of a student's training, because
the student would have to repeat pre-solo maneuvers and cross-country
training. The commenter requests retaining the existing rule's
reference to aircraft ``category'' only. Another commenter states that
the privilege of signing for another flight instructor should be
retained under proposed Sec. 61.93 (c)(2)(ii) and (c)(2)(iii). Another
commenter requests that proposed Sec. 61.93 contain more useful
guidance regarding what is required for a glider pilot to make a cross-
country flight.
FAA Response: As discussed in the analysis of Sec. 61.1, the FAA
has decided not to adopt the term ``supervised pilot in command.''
Regarding the comment on the possible terminology problem in paragraph
(a) with respect to balloons, the FAA points out that it has decided to
delete solo cross-country requirements for balloons in the final rule
as discussed in the analysis of Sec. 61.107. Upon reviewing the
comments of AOPA, HAI, and individuals regarding cross-country
endorsements, the FAA has decided to replace the words ``make and
model'' with ``category'' in paragraph (c)(1) of the final rule, while
retaining them for logbooks in paragraph (c)(2). The intent of the
change to the existing rule is to clarify that a student must be
properly authorized to conduct not just all solo flights, but also all
solo cross-country flights, in a specific make and model.
For reasons similar to those discussed in the section-by-section
analysis of Sec. 61.87, the FAA also has modified Sec. 61.93(a)(2)(iii)
to permit the pre-solo flight maneuvers and procedures required by
Sec. 61.87 to be accomplished in either the make and model of aircraft
or a similar make and model of aircraft for which solo cross-country
flight privileges are sought. Except for these changes, the final rule
is adopted as proposed.
Section 61.95 Operations in Class B airspace and at airports located
within Class B airspace.
The FAA did not propose any substantive changes to this section in
Notice No. 95-11. This section is adopted as proposed with only minor
editorial changes for consistency with other sections of this proposal.
[[Page 16261]]
Subpart D--Recreational Pilots
Section 61.96 Applicability and eligibility requirements: General.
The proposed section sets forth the provisions that are applicable
to recreational pilot certificates and ratings. The proposal added a
new Sec. 61.96a titled ``Eligibility requirements: General.'' The
proposal required applicants to be able to write in the English
language and eliminated the provision in the existing rule that
permitted applicants who could not read, speak, or understand the
English language to receive a certificate with the operating limitation
deemed necessary by the Administrator. The proposal also deleted the
requirement for recreational pilots to hold a medical certificate. The
proposal required an applicant to receive an endorsement from the
ground instructor or flight instructor who gave the applicant training
or reviewed the applicant's home-study course. This endorsement would
state that the applicant was prepared for the knowledge test.
Comments: Approximately 1,100 comments address the FAA's proposals
regarding the recreational pilot certificate. The overwhelming majority
of the commenters agree with the proposal, many of them requesting
expeditious implementation of the final rule with regard to the
recreational pilot provisions of Notice No. 95-11, without necessarily
waiting for other parts of the proposal. Fewer than 20 commenters
disagree. Most of the commenters state that the proposal will stimulate
interest in flying by making recreational flying more affordable and by
eliminating paperwork. They also state that the proposals will boost
the general aviation industry without adversely affecting safety.
EAA and NAFI request that the FAA expeditiously review comments on
Notice No. 95-11 and move to final rule on the recreational pilot
provisions. The commenters note the success of the new Canadian
recreational pilot's permit, which they contend has increased training
activity and financially benefited FBOs and flight instructors. The
United States Ultralight Association, Inc., also states that the
proposed changes will benefit general aviation.
However, another commenter, who identifies himself as a flight
instructor, objects to the concept of a recreational pilot certificate.
He states that it allows inadequately trained pilots to fly.
FAA Response: The FAA has modified the final rule to address the
commenters' concerns regarding the unintended effect in the proposed
rule change that would prevent deaf pilots and pilots with other
medical conditions that have a command of the English language from
obtaining a recreational pilot certificate. The English language
requirement is further discussed in section IV,G. Although the FAA
notes the positive response to the proposal regarding medical self-
evaluation by persons exercising recreational pilot privileges, the FAA
has decided not to adopt the proposal for reasons discussed in section
IV,A of this preamble. In the final rule, medical certificate
requirements associated with recreational pilot eligibility and
privileges are contained in Sec. 61.23. Proposed Sec. 61.96 was
integrated with proposed Sec. 61.96a.
Section 61.97 Aeronautical knowledge.
The FAA proposed additional aeronautical knowledge requirements,
including ground training on windshear avoidance, aeronautical decision
making and judgment, and the preflight actions found in Sec. 91.103.
Comments: EAA favors the inclusion of windshear, and aeronautical
decision making and judgment in the training requirements. EAA and NAFI
oppose requirements that mandate training regarding how to plan for
alternatives if the flight cannot be completed and possible air traffic
delays are encountered. NAFI comments that recreational pilots are
unlikely to encounter the need for such training.
AOPA and GAMA support instruction in windshear avoidance,
aeronautical decision making, and preflight action in the aeronautical
knowledge requirements for recreational pilots. However, AOPA cannot
accept the additional training requirements without a description of
what they are and how they will be implemented.
In addition, AOPA questions the proposed requirement for training
and instruction in planning for air traffic delays because recreational
pilots are not permitted to fly in airspace requiring two-way radio
communications.
ALPA, GAMA, and NAFI support the requirements for training in
aeronautical decision making as do many of the individual commenters.
SSA states that including knowledge of decision making and judgment
techniques in the training cycle may be a valuable tool in reducing
accidents. GAMA and NAFI also support the addition of windshear
training requirements. SSA notes that windshear training has several
facets including windshears caused by fronts, microbursts, and
obstructions. SSA believes that the glider community is aware of the
dangers associated with windshear. Most individual commenters also
support the proposed requirements for windshear training.
AOPA favors the concept of teaching aeronautical decision making
and believes there should be a definition of what must be taught and to
what standards. The commenter encourages the FAA to elaborate on this
topic in the preamble to any final rule.
FAA Response: The FAA agrees with commenters who state that
recreational pilots are unlikely to encounter air traffic delays, and
has modified the requirement for training in traffic delay planning to
a more general reference to possible delays. Other terminology and
changes were implemented in the final rule as well, including revising
the reference to the ``Airman's Information Manual,'' which is now
titled the ``Aeronautical Information Manual.''
The FAA strongly believes that training in human factors and
aeronautical decision making should be required. Approximately 80
percent of all accidents are related to pilot error. Training in human
factors, and aeronautical decision making and judgment may decrease the
number of accidents attributable to pilot error, because implementation
of similar training in air carrier operations has decreased accident
rates. Regarding AOPA's concern on the need for guidance material on
aeronautical decision making, the FAA points out that AC No. 60-22,
``Aeronautical Decision Making,'' contains such guidance.
Section 61.98 Flight proficiency.
This proposed section established the areas of operation for all
aircraft that are permitted to be operated by a recreational pilot.
Several commenters raised concerns regarding the principle behind the
proposed areas of operation for all certificates. This issue is
addressed in section IV,H.
This section is adopted as proposed, with only minor editorial
changes.
Section 61.99 Aeronautical experience.
In Notice No. 95-11, the FAA proposed to change the title of this
section from, ``Airplane rating: Aeronautical experience,'' to
``Aeronautical experience.'' Proposed Sec. 61.99 included the
aeronautical experience requirements for single-engine airplanes,
helicopters, and gyroplanes that are permitted to be operated by
recreational pilots. The proposed section also revised the minimum
amount of solo time required for a person to be eligible for a
[[Page 16262]]
recreational pilot certificate. The proposal established more flexible
training requirements that permitted flight instructors to determine
the number of hours of training each student pilot requires. However,
the minimum number of total hours required to obtain a recreational
pilot certificate remained unchanged.
Comments: EAA favors the reduction in the minimum hours of solo
time for recreational pilot certificate applicants. Both EAA and NAFI
support the greater flexibility given to flight instructors.
AOPA does not believe that the reduction in the required number of
supervised pilot in command hours represents a significant economic
benefit to general aviation, because the aeronautical experience
requirements for a recreational pilot certificate dictate the need for
more than 3 hours of supervised pilot-in-command time. However, AOPA
supports the proposal because it stresses the concept of training to a
level of proficiency rather than training based on an arbitrary number
of hours.
In contrast, GAMA, NATA, and NBAA oppose the reduction in the
minimum amount of supervised pilot-in-command time to 3 hours for
recreational pilot applicants. These commenters recommend requiring at
least 10 hours of supervised pilot-in-command time. GAMA stresses the
importance of flight time as sole manipulator of an aircraft to the
development of a safe pilot. According to GAMA, such time bolsters a
student's confidence, helps the student become self-reliant, and
improves a pilot's decision making skills.
FAA Response: The FAA believes the change in the dual and solo time
requirements provides instructors with flexibility in determining the
amount of solo and dual training required for each student. This change
should not compromise safety, because the total number of hours remains
unchanged and should encourage increased training and help reduce
overall costs. It appears that some commenters misunderstood the
proposal, because their concerns implied that the total number of hours
would be reduced, which is not the case. Therefore, this section is
implemented in the final rule as proposed, with the exception of the
changes noted and minor editorial changes.
Section 61.100 Pilots based on small islands.
In Notice No. 95-11, the FAA proposed to change the existing title
of this section from ``Rotorcraft rating: Aeronautical experience'' to
``Pilots based on small islands.'' The proposed aeronautical experience
requirements for a rotorcraft category rating were moved to proposed
Sec. 61.99. Proposed Sec. 61.100 contained the provisions for pilots
based on small islands. These provisions are currently found in
Sec. 61.99 of the existing rule.
No substantive comments were received concerning this section.
However, the final rule has been modified to restore detailed
provisions from the existing rule that were inadvertently omitted from
proposed Sec. 61.100.
Section 61.101 Recreational pilot privileges and limitations.
In Notice No. 95-11, the FAA proposed significant revisions to the
privileges and limitations for recreational pilots.
In paragraph (a), the FAA proposed to specify the types of
operating expenses that a recreational pilot may share with a
passenger.
Proposed paragraph (c) deleted the existing restriction that
prevents recreational pilots from flying more than 50 nautical miles
from an airport where training was received. The paragraph also
explicitly permitted such operations, subject to compliance with
specific training and endorsement requirements. The proposal to
eliminate the 50-mile restriction is discussed in section IV,A.
Proposed paragraph (h) contained a revised version of paragraph
(f), maintaining the same basic provisions that are in the existing
paragraph, except for changes intended for clarity.
Comments: Many of the comments received on the proposal to codify
the sharing of expenses are also directed at similar provisions in
proposed Sec. 61.113. Approximately 130 comments address the FAA's
proposal to specify the expenses a private pilot may share with
passengers. Approximately 95 percent of the comments oppose the
proposal, while the remainder either are in favor or discuss other
aspects of the proposal.
AOPA, EAA, NAFI, and NATA comment that pilots should be able to
share operating expenses with passengers, such as aircraft rental
costs. AOPA and NATA state that this is currently allowed under the
regulations. Although AOPA supports codifying the expenses that can be
shared, it believes the proposed rule represents a significant change.
According to AOPA, the new rule will likely stifle activity at flight
schools and FBOs. SSA also supports including the cost of aircraft
rental in the expenses that can be shared. According to SSA, a glider
uses minimal fuel but has direct costs for tows and glider rentals that
can be specifically documented.
GAMA and HAI also recommend adding operating costs to the list of
expenses that may be shared. GAMA contends that individuals currently
are allowed to divide the rental costs of an aircraft including fuel,
oil, airport expenditures, and operating costs.
In its comment, NBAA states that proposed Sec. 61.113(c) is too
prohibitive and could add costs for the private pilot. The commenter
states that the proposal fails to take into account the potential added
fees that general aviation may face in the future. NBAA recommends
deleting all the language after the word ``passengers.''
Most of the individual commenters who oppose the proposal also
point out that for pilots who rent aircraft it may be difficult to
isolate the fuel, oil, and airport expenses from other expenses. They
state they should be permitted to share rental expenses. Another
commenter states that for aircraft that are not rented, provisions
should be made for sharing the cost of the ``engine reserves'' (i.e., a
pro-rated allotment per hour toward engine overhaul cost). A commenter
points out that the definition would preclude pilots of gliders from
sharing expenses. Another commenter states that there is no reason to
require that expenses be shared equally, if either the pilot or a
passenger wants to pay a greater share.
Some commenters also request additional privileges for recreational
pilots, subject to appropriate training and flight instructor
endorsement. One of the key additional privileges cited in the
comments--requested by approximately 210 commenters--is flight into
airspace requiring communications with ATC, such as Class C and Class D
airspace. EAA supports permitting recreational pilots to obtain an
endorsement to enter Class D airspace because many areas do not have
nontowered airports within a reasonable distance. Other commenters
state that often a pilot's home base or needed maintenance facilities
are in Class D airspace areas, or there may be safety reasons for
communicating with ATC. They also cite the possibility of pilots with
higher certificates and commensurate training exercising the privileges
of recreational pilots. Commenters also seek to expand recreational
pilot privileges to include operation of aircraft with more than 180
horsepower and retractable landing gear and night flying. EAA states
that recreational pilots should be able to obtain an endorsement for
amphibious operations because many newly produced, very light aircraft
are
[[Page 16263]]
amphibious. Commenters also mentioned demonstration flight for
prospective aircraft purchasers. However, several commenters suggest
setting the limitation at 2,400 pounds gross weight, with 180
horsepower or less, which is not ``complex.'' One commenter asks how
the FAA justifies limiting a four-place aircraft to one passenger for
recreational pilots.
Others request raising the ceiling of permitted recreational pilot
operations, stating that the limitation of 10,000 feet MSL or 2,000
feet AGL, whichever is greater, is too low for mountain areas. Some
commenters suggest alternative privileges and limitations not based on
the recreational and private pilot certificates.
FAA Response: The FAA inadvertently omitted ``aircraft rental
fees'' from the list of expenses that private and recreational pilots
may share. This is current FAA policy. Therefore, Sec. 61.101(a) is
appropriately modified in the final rule. In response to those
commenters who want additional operating costs shared, only direct
operating and rental expenses may be shared. To avoid a pilot receiving
compensation for a flight, indirect operating costs, such as
maintenance expenses, are not permitted to be shared. In response to
the comment regarding the equal sharing of expenses, the FAA has
determined that a pilot may not pay less than the pro rata share of
operating expenses. The rationale is that if pilots pay less, they
would not just be sharing expenses but would actually be flying for
compensation or hire. The rule has been modified accordingly.
Proposed paragraph (h) is modified and a new paragraph (i) is added
to maintain provisions of the existing rule. The reference to paragraph
(d) is removed from paragraph (h). Paragraphs (h) and (i) address only
operations at night or in airspace requiring communication with ATC.
The phrase ``for the purpose of obtaining an additional certificate''
also is added to this paragraph to indicate that this privilege is only
available to a recreational pilot seeking an additional certificate.
In response to the comments requesting expansion of the
recreational pilot privileges, the FAA acknowledges these concerns, but
has determined that these requests for changes to existing regulations
are beyond the scope of this rulemaking.
Apart from these changes and various editorial changes, the final
rule is adopted as proposed.
Subpart E--Private Pilots
The proposed establishment of separate subparts for student pilot
certificates and recreational pilot certificates required the
regulations pertaining to private pilot certificates and ratings to be
moved from subpart D to subpart E.
Section 61.102 Applicability.
The FAA did not propose any substantive changes for this section,
nor were any substantive comments received. The final rule is adopted
as proposed.
Section 61.103 Eligibility requirements: General.
The FAA proposed to revise this section and include new eligibility
requirements for private pilot applicants.
In proposed paragraph (b), the FAA added a requirement that an
applicant be able to write in the English language. In addition, all
applicants would have been required to meet the English language
requirements, eliminating the existing provision under which an
applicant who cannot read, speak, and understand the English language
may receive a certificate with an operating limitation, as deemed
necessary by the Administrator.
In proposed paragraph (c), the language pertaining to the medical
requirements for applicants who desired a rating in a glider or balloon
was clarified.
Proposed paragraph (d) required an applicant to specifically
receive an endorsement from the ground instructor or flight instructor
who gave the applicant training or reviewed the applicant's home study,
certifying that the applicant is prepared for the knowledge test.
Proposed paragraph (h) required an applicant to meet the proposed
aeronautical experience requirements for the category and class rating
sought, before applying for the practical test.
Comments: Most of the substantive comments received regarding this
section related to paragraph (a), especially the possible
discriminatory effect of the change in English language proficiency
requirements. For a discussion of these comments and the FAA's
response, see section IV,G. Some commenters objected to proposed
paragraph (c) regarding the revised language pertaining to the medical
requirements for pilots of gliders and balloons, interpreting them as
new requirements.
FAA Response: For reasons discussed in section IV,G, the final rule
includes language restoring the option for the Administrator to place
an operating limitation on an applicant's pilot certificate, waiving
the applicant's English language requirements on medical grounds. In
addition, the language on medical requirements for private pilots is
deleted from this section and placed in Sec. 61.23. This topic is
discussed in the analysis of Sec. 61.23. The FAA also made other minor
editorial and formatting changes to this section of the final rule.
Section 61.105 Aeronautical knowledge.
The FAA proposed to establish aeronautical knowledge requirements
that are applicable to applicants for all private pilot certificates.
The FAA also proposed to add aeronautical knowledge requirements,
including ground training on additional subjects such as windshear
avoidance, aeronautical decision making and judgment, and the preflight
actions found in Sec. 91.103.
Comments: GAMA and NAFI support the inclusion of training on
windshear avoidance, aeronautical decision making, and preflight
actions in the aeronautical knowledge requirements for private pilots.
AOPA also supports such training; however, AOPA cannot accept
additional training requirements without a description of what they are
and how they will be implemented. AOPA also questions the proposed
requirement in Sec. 61.105(b)(12) for training and instruction in
planning for air traffic delays because such training is more
appropriate for commercial, instrument, and ATP applicants.
FAA Response: The FAA agrees with commenters who state that private
pilots are less likely to encounter air traffic delays, and has
modified the requirement for training in traffic delay planning to a
more general reference to possible delays.
The FAA strongly believes that training in human factors and
aeronautical decision making should be required. Approximately 80
percent of all accidents are related to pilot error, and training in
human factors, and aeronautical decision making and judgment may
decrease the number of accidents attributable to pilot error, because
implementation of similar training in air carrier operations has
decreased accident rates. Regarding AOPA's concern on the need for
guidance material on aeronautical decision making, the FAA points out
that AC 60-22, ``Aeronautical Decision Making,'' contains such
guidance.
[[Page 16264]]
Section 61.107 Flight proficiency.
In this section, the FAA proposed separate and revised areas of
operation for the airplane single-engine rating, airplane multiengine
rating, rotorcraft helicopter rating, rotorcraft gyroplane rating,
glider powered rating, glider nonpowered rating, lighter-than-air
airship rating, lighter-than-air balloon rating, and powered-lift
rating. In addition, the proposal specifically required applicants for
a glider category rating to receive training on launches, approaches,
and landings, if applying for a nonpowered class rating; or, takeoffs,
landings, and go-arounds, if applying for a powered class rating.
Comments: NAFI comments that proposed Sec. 61.107 clarifies
aircraft category and training requirements.
Approximately 30 commenters take issue with the FAA's use of the
term ``balloonport'' in the proposed rule. This term is not addressed
in proposed Sec. 61.1(a), but as one commenter notes, the term is used
in proposed Secs. 61.107, 61.127, and 61.187. Two commenters state that
the term is known principally as a commercial name or a proprietary
name for a dealership of one brand of balloon. Commenters ask that
another term be defined and used, such as ``launch and landing field''
or ``launch and landing site.'' Commenters note that balloonists use
fields, parks, or airports for their operations, and the term used
should not be restrictive as to the takeoff or landing location.
FAA Response: In response to commenter concerns, the term
``balloonport'' was replaced with the term ``airport'', and the term
``lift offs'' was replaced with the term ``launches''. The FAA also is
not proposing separate flight proficiency requirements for powered and
nonpowered gliders. This issue is discussed in section IV,F.
Section 61.109 Aeronautical experience.
The FAA consolidated all aeronautical experience requirements for
private pilots in proposed Sec. 61.109. The FAA proposed to change the
title of this section from ``Airplane rating: aeronautical experience''
to ``Aeronautical experience'' to reflect the consolidation of these
requirements.
The FAA also proposed separate aeronautical experience requirements
for each aircraft category and class rating. An applicant seeking a
single-engine or multiengine airplane rating would be required to meet
the aeronautical experience requirements in a single-engine airplane,
and an applicant for a private pilot multiengine rating would be
required to meet these requirements in a multiengine airplane. The FAA
also proposed revisions to the aeronautical experience requirements for
private pilots by establishing more flexible training requirements for
private pilot applicants and integrating the concept of supervised
pilot in command into specific aeronautical experience requirements.
The proposal decreased the amount of solo time an applicant would be
required to possess prior to obtaining a certificate, added additional
night-flight training requirements, decreased the length of required
cross-country flights, and increased instrument flight training
requirements. The proposal also established aeronautical experience
requirements for a powered-lift rating. The minimum number of total
hours required to obtain a private pilot certificate remained
unchanged.
Comments: Approximately 140 comments address issues related to
private pilot training requirements proposed in Notice No. 95-11.
AOPA comments that, although it believes 5 hours of supervised
pilot in command is an excessively low figure, it supports the proposal
because it stresses the concept of training to a level of competency
rather than training consisting of an arbitrary number of hours. AOPA
also supports the reduction in the distance requirement for the solo
cross-country flight from 300 nautical miles to 100 nautical miles.
AOPA believes that there is no merit in requiring three takeoffs and
three landings to a full stop at an airport with an operating control
tower, and that this proposed requirement will constitute a burden in
cases where a towered airport is not available within a reasonable
distance.
In its comment, AOPA expresses concern about Sec. 61.109(a)(2)(v),
which proposes supervised pilot in command training requirements in
multiengine aircraft for the issuance of a private pilot certificate
with a multiengine rating. AOPA states that it is unaware of any
insurance company that will insure, or an FBO that will allow, a pilot
to fly solo in a multiengine aircraft without a multiengine rating.
According to AOPA, if the intent of the provision is to require an
applicant to log supervised pilot in command flight while the sole
occupant of the aircraft, this will result in a serious obstacle to
multiengine training. The commenter states that this proposal is an
example of how the change of terminology from ``solo'' and ``dual'' to
``training time'' and ``supervised pilot in command'' results in
confusion.
SSA believes that the proposal to allow tailoring of instruction to
more closely match a student's needs emphasizes dual instruction over
solo flight. According to SSA, solo time reinforces the principle of
responsibility that is so important to safe flight and provides the
student with an opportunity to find areas of weakness. SSA comments
that two supervised pilot in command flights, or even 5 hours of
supervised pilot in command flight, is inadequate. SSA urges the FAA to
recognize the importance of supervised pilot-in-command time. The
commenter also opposes the flight time requirements for a glider rating
set forth in Sec. 61.109(b)(2), and states that they are
``oppressive.'' SSA contends that if these requirements are adopted
many individuals who are planning to learn to fly will not do so
because of the increased costs.
NAFI also supports the reduction in cross-country distance
requirements and the addition of night cross-country training. NAFI,
however, disagrees with the reduction in solo flight time requirements.
According to the commenter, applicants with no solo experience should
be required to obtain 15 hours of solo time before carrying passengers.
However, NAFI recommends developing a system to credit solo time in
flight vehicles ``other than certificated aircraft,'' such as
ultralights, to satisfy part 61 requirements.
NBAA states that the proposed reduction in supervised pilot-in-
command time is excessive and recommends a minimum of 10 hours. HAI
also expresses concern about the reduction in this requirement because
it will result in private pilots with a low level of experience.
NATA comments that 5 hours of supervised pilot-in-command time is
insufficient to build a private pilot's confidence and recommends that
at least 15 hours be required. NATA further states that a single
supervised cross-country flight of 100 nautical miles is inadequate to
acquire cross-country skills. The commenter recommends requiring at
least three cross-country flights, including one flight of at least 250
nautical miles with at least one leg of 100 nautical miles.
GAMA opposes the reduction of the minimum supervised pilot-in-
command time to 5 hours for private pilots. GAMA feels that flight time
as the sole manipulator of an aircraft's controls is critical to the
development of a skilled, safe pilot. GAMA agrees with the proposal of
NAFI and NATA to require at least 15 hours of supervised pilot-in-
command time. GAMA states that, while a minimum number of supervised
pilot in command cross-country hours is
[[Page 16265]]
not necessary, the number of required flights should be revised to
ensure proper training and the fostering of skill and experience. GAMA
recommends that the rule require a minimum of three cross-country
flights including two flights with a landing point more than 50
nautical miles from the original departure point, and one flight of at
least 300 nautical miles, with landings at a minimum of three points,
one of which should be at least 100 nautical miles from the original
departure point. GAMA states that because a disproportionate number of
accidents involving private pilots occur at night, requiring a dual,
night cross-country flight would add to the margin of safety.
HAI points out that meeting the cross-country flight requirement
for helicopters does not require a flight of 50 miles between takeoff
and landing points, and that the cross-country definition in proposed
Sec. 61.1a(e), which specifies 50 miles, is not consistent with this
provision.
Some individual commenters also disagree with changes to the
proposed supervised pilot in command cross-country requirement,
advocating retention of the existing requirement for 10 hours of cross-
country time which includes at least one long cross-country flight.
Some commenters state that the proposed supervised pilot in command
experience hour requirement is too low.
One commenter suggests that the requirement for one 100-nautical-
mile cross-country flight could be impractical in certain areas during
certain times of the year. The commenter agrees with the proposal for 3
hours of instrument training for private pilot applicants. Another
commenter opposes the proposed requirement in Sec. 61.109 for 3 hours
of instrument dual instruction in an airplane for private pilot
training.
Individual commenters take issue with the night flight proposals;
some state that night flight in a single-engine airplane is too
hazardous. At least one commenter believes that the night cross-country
flight training requirement proposed under Sec. 61.109(a)(1) would not
require that a flight instructor be on board, and suggests that a
flight instructor be required. Another opposes the night cross-country
requirement for single-engine airplanes completely, while another
advocates reducing the requirement from 100 nautical miles to 50
nautical miles.
GAMA, NAFI, and NATA support the proposed night cross-country
requirements and state that safety will be enhanced by the adoption.
NATA also approves of the proposed night takeoff and landing
requirements and states that student confidence would be increased if
this proposal were adopted. GAMA states that the requirement would
provide an important educational experience by exposing the pilot to a
much broader flight environment under a supervised situation.
AOPA generally supports placing greater emphasis on night training
for private pilot applicants and states that the proposed night cross-
country flight training requirement will increase safety. The
commenter, however, requests clarification concerning the term
``duration'' and asks whether the cross-country flight is intended to
be 100 miles total (50 miles out and 50 miles return) or if the flight
is to be 100 miles from the point of departure (200 miles total). AOPA
supports a 100-mile round trip because the longer flight would be
difficult to achieve in the summer months. The commenter would oppose
the proposal if it required a flight of 200 miles total distance.
Some commenters suggest raising the minimum flight hour
requirements for the private certificate with a balloon rating. One
commenter suggests that 15 hours rather than 10 hours should be
required because much time is spent reviewing and relearning,
apparently due to weather-caused interruptions in training. Two
commenters state that the requirements of proposed Sec. 61.109(d)(2)(i)
for two flights within 60 days of application for a private balloon
rating are excessive, because of the nature of balloon operations and
scheduling difficulties.
NAFI opposes the new requirements under Sec. 61.109(c) for airship
instrument training because some ``hot air blimps'' currently are being
built as ultralight and experimental aircraft, and these aircraft do
not have sufficient electrical power for IFR instrumentation. NAFI
states that the proposal would effectively eliminate all private pilot
training for ``hot air blimps,'' and pilots would be forced to operate
the aircraft as ultralights, possibly without the benefit of training
from a certificated flight instructor. NAFI comments that this would
not advance safety. One individual commenter also states that the
instrument training proposed for private pilot certification under
Sec. 61.109(c) should not be required because many airships are not
equipped for instrument flight.
NAFI opposes the new night flight requirements of proposed
Sec. 61.109(c) for airship training. NAFI states that these aircraft do
not have sufficient electrical power for navigation lights, in some
cases.
FAA Response: The FAA believes the change in the composition of
dual and solo time, within the total number of hours required for each
certificate, provides instructors with flexibility in determining the
amount of dual and solo training required for each student. The FAA has
decided not to adopt the concept of supervised pilot in command as set
forth in Notice No. 95-11, and has therefore replaced references to
``supervised pilot in command'' time with ``solo'' time.
The proposal does not compromise safety because the total number of
hours required for the issuance of a private pilot certificate remains
unchanged. The rule should encourage increased training and help reduce
overall costs. It appears that some commenters misunderstood the
proposal, because their concerns implied that the total number of hours
would be reduced, which is not the case. The FAA has, however,
increased solo flight time requirements and solo cross-country flight
distance requirements in the final rule in order to meet the minimum
requirements under Annex 1 to the Convention on International Civil
Aviation.
The FAA believes that night cross-country training should be
required for private pilot applicants because a private pilot may later
be placed in circumstances where the pilot may inadvertently fly at
night, without appropriate night training. This issue was identified as
an area of concern in the FAA's Job Task Analysis. Increased night
flight training will reduce the issuance of certificates with a night
flying limitation, as well the associated administrative costs to the
FAA in reissuing such certificates when the limitation is removed. In
response to AOPA's request, the FAA has clarified the cross-country
requirements in this section by replacing the word ``duration'' with
the term ``total distance.''
Regarding the proposal for required solo flight in multiengine
aircraft for pilots seeking that rating, the FAA is convinced by the
commenters' arguments and has modified the final rule to require that
an applicant accomplish solo flight in an airplane. This would allow an
applicant for a multiengine rating to accomplish solo flight time
requirements in a single-engine airplane. The FAA believes that a
similar problem to that presented by the commenters could arise for
powered-lifts, and has made a similar modification to the regulations
applicable to those aircraft requiring that solo flight time be
accomplished in an airplane or powered-lift. The FAA recognizes HAI's
concern regarding an inconsistency with the definition of ``cross-
country,'' and has revised the
[[Page 16266]]
cross-country requirements for rotorcraft accordingly.
Currently the FAA requires training within 60 days of application
for a practical test in a balloon. The FAA, in order to clarify what is
meant by ``training,'' is requiring a minimum of two flights within 60
days of application. The FAA considers this requirement reasonable to
ensure proper preparation for the practical test.
The FAA disagrees with NAFI regarding night flight requirements for
airships, and finds that the majority of airships do have sufficient
electrical power to operate at night. The FAA believes that night
flight training should be required for airships as these aircraft
currently operate at night in the NAS. Therefore, the FAA will require
night training in airships.
To address commenters' arguments against required instrument
training in airships that may not be equipped for instrument flight,
the FAA has modified the requirements to state only that instrument
training is required, without referring specifically to airships.
The FAA also has modified the proposed requirements for the
issuance of a glider rating to be consistent with the decision not to
establish separate class ratings for powered and nonpowered gliders.
Additionally, the FAA has included provisions as set forth in Amendment
No. 61-100, which permit credit to be given for the use of an approved
flight simulator or approved flight training device.
Section 61.110 Night flying exceptions for private pilot
certification.
The FAA proposed to establish the night flying exceptions for
private pilot certification in Sec. 61.110.
In proposed paragraph (a), an applicant with a medical restriction
prohibiting the operation of an aircraft at night would not be required
to meet the night flight training requirements and would be issued a
certificate with a limitation prohibiting night flying.
It was proposed in paragraph (b) to permit an applicant who
accomplishes flight training in Alaska to have 12 months after the
issuance of the applicant's temporary airman certificate to comply with
the night flight training requirements. Alaska is unique in that 6
months out of the year there is limited nighttime. However, under
proposed paragraph (b)(2), an applicant who receives flight training in
Alaska and is unable to accomplish the night flying training required
by proposed Sec. 61.109 would be issued a temporary pilot certificate
for only 12 calendar months, with a limitation ``night flying
prohibited.'' That person would be required to comply with the night-
flying requirements for the private certificate within the 12-calendar-
month period after issuance of the certificate. If that person did not
comply with the requirements within that period, the certificate would
be suspended until the person complied the requirements.
Paragraph (b)(3) was proposed to explain the night flying
experience, endorsement, and practical test portion requirements of
Sec. 61.109 that must be met in order to have the ``night flying
prohibited'' limitation removed.
Comments: AOPA states that, while it supports the added flexibility
of the night flying exception rule, it opposes the language of
Sec. 61.110(b)(2) that would suspend the airman's certificate if the
pilot does not complete the night training requirements within 12
calendar months. AOPA states that the FAA certificates numerous pilots
each year with permanent night flight restrictions, and there is no
reason why Alaskan airmen should be singled out for suspension of their
certificates simply because they fail to remove their night flight
restrictions.
FAA Response: The FAA points out that a change in the proposed and
final rules to Sec. 61.109 will disqualify all applicants from being
issued certificates without meeting night flying requirements, unless
they qualify for an exception under Sec. 61.110. Therefore, the 12-
month limit of Sec. 61.110 does not discriminate against Alaskan
airmen, but rather allows them a special privilege. In the final rule,
the 12-month limitation remains, but the FAA has deleted language
referring to the issuance of a 12-month temporary certificate, because
existing FAA temporary certificates are valid for 120 days. The FAA has
also added a provision that a person seeking to obtain this exception
must both receive the flight training for the certificate and reside in
the State of Alaska.
By deleting the exception for pilots who have night flying
restrictions due to medical conditions, these pilots will now be
required to have 3 hours of night flight training. However, the
certificates of such pilots will be issued with an operating limitation
prohibiting night flying. The FAA has determined that safety will be
enhanced because this requirement will reduce the likelihood of pilots
later being placed in circumstances where they may be required to
engage in flight at night without appropriate night training.
Section 61.111 Cross-country flights: Pilots based on small islands.
In Notice No. 95-11, the FAA only proposed minor editorial changes
to this section. No substantive comments were received. The final rule
has been modified to restore detailed provisions from the existing rule
that were inadvertently omitted in the proposed rule.
Section 61.113 Private pilot privileges and limitations: Pilot in
command.
In Notice No. 95-11, the FAA proposed to include the provisions of
existing Sec. 61.118 in proposed Sec. 61.113. The revised aeronautical
experience requirements for a rotorcraft category rating found in
existing Sec. 61.113 were included in proposed Sec. 61.109.
Proposed paragraph (c) specified the flight operating expenses that
a private pilot may share with passengers. A more detailed discussion
of this proposal, including comments and FAA response, is addressed
with regard to the similar proposed change to Sec. 61.101(a).
Proposed paragraph (d) modified the requirements for participation
in an airlift sponsored by a charitable organization.
In proposed paragraph (e), private pilots were permitted to receive
reimbursement for expenses incurred while performing search and
location operations for law enforcement agencies or other organizations
that conduct these operations.
Proposed paragraph (f) permitted a private pilot who met the
requirements of proposed Sec. 61.69 to act as pilot in command when
towing gliders.
Proposed Sec. 61.113 eliminates specific provisions permitting a
salesman who has logged at least 200 hours to demonstrate an aircraft
in flight to a prospective buyer.
Comments: The commenter's opposition to the proposed paragraph (c)
definition of operating expenses that may be shared is discussed in the
analysis of the proposed provision of Sec. 61.101(a).
With respect to proposed paragraph (e), the National Headquarters
for the Civil Air Patrol (CAP) states that the proposed rule fails to
include maintenance expenses as reimbursable for pilots flying
humanitarian-type missions, and that the rule incorrectly assumes that
such activity is always under the direction of law enforcement
agencies. The commenter states that, depending on the definition of
``airport expenditures,'' the omission of maintenance costs in the
definition might require the CAP to continue to operate under an
exemption in order to maintain current privileges. The commenter also
requests that the rule be modified to account for the agencies, other
than law enforcement, for which the CAP often flies missions. These
[[Page 16267]]
include the FAA, FEMA, the Red Cross, and State and local Emergency
Management Agencies. AOPA supports adding search and rescue operations
to the list of operations for which private pilots may receive
reimbursement. In contrast, HAI objects to the search and rescue
provisions in proposed Sec. 61.113(e). HAI contends that this proposal
will only encourage the proliferation of this kind of activity. The
commenter believes that these kinds of operations are best dealt with
through the exemption process.
SSA approves of proposed Sec. 61.113(f) permitting private pilots
who meet the requirements of Sec. 61.69 to act as pilot in command of
an aircraft towing a glider. SSA points out that the explanation on
page 41207 of the Notice No. 95-11 indicates that the pilot will be
able to log this time. SSA suggests that Sec. 61.113(f) be modified to
this effect.
FAA Response: In response to objections to the language of proposed
Sec. 61.101(a) as well as Sec. 61.113(c), the FAA has decided to add
``rental fees'' to this list of allowable shared expenses in both those
sections, as discussed in the analysis for Sec. 61.101(a). This
language is therefore added to Sec. 61.113(e) in the final rule. The
CAP's concerns regarding types of agencies that conduct search and
location missions were noted, and the term ``law enforcement'' has
therefore been deleted from paragraph (e)(1) in the final rule.
In response to CAP's comments regarding the omission of any
provisions permitting a private pilot to be reimbursed for maintenance
costs, the proposed rule did not specifically provide for reimbursement
of maintenance costs, and neither does the final rule. Any
reimbursement for compensation of maintenance costs will be handled on
a case-by-case basis through the exemption process. In addition, CAP
commented that the rule be modified to account for agencies other than
law enforcement agencies for which it operates. In Notice No. 95-11,
the FAA proposed to allow pilots under the direction and control of an
``organization that conducts search and location operations'' to be
reimbursed. The FAA has determined that this addresses CAP's concerns
and is adopting the final rule as proposed.
In response to HAI's comment that search and location operations
should remain under the exemption process, since the early 1980's the
FAA has permitted private pilots to perform search and location
operations, and has continually reissued those exemptions without any
known problems. Provided that pilots comply with the requirements in
this final rule, which are identical to the exemption's conditions and
limitations, the FAA has codified those conditions and limitations in
this final rule.
After further review, the FAA has decided to reinstate the
provision allowing a private pilot who is an aircraft salesman and who
has at least 200 hours of logged flight time to demonstrate an aircraft
in flight to a prospective buyer. The FAA has concluded that these
operations would not be ``incidental to business,'' and therefore is
reinstating this provision into the final rule.
Section 61.115 Balloon rating: Limitations.
Proposed Sec. 61.115 includes the provisions of existing
Sec. 61.119. Also, the provisions of existing Sec. 61.115 were included
in proposed Sec. 61.109.
The proposed changes to this section were the classification of
balloons as either ``gas balloons'' or ``balloons with airborne
heaters,'' and the deletion of references to the terms ``hot air
balloon without airborne heater'' and ``free balloon.'' The proposed
rule also incorporated the existing operating limitations for a private
pilot who performs his or her practical test in a gas balloon as
opposed to those who perform the test in a balloon with an airborne
heater. The language of the operating limitations specified in this
section clarified that a person requesting removal of the current
operating limitations from his or her certificate would be required to
obtain the required aeronautical experience in the specific type of
balloon and receive a logbook endorsement from an instructor who
attests to the person's accomplishment of the required aeronautical
experience and ability to satisfactorily operate that balloon.
No substantive comments were received, and the FAA has incorporated
this section into the final rule with only minor editorial changes.
Section 61.117 Private pilot privileges and limitations: Second in
command of aircraft requiring more than one pilot.
Proposed Sec. 61.117 includes the provisions of existing
Sec. 61.120. No substantive comments were received, and the FAA has
adopted this section as proposed.
Subpart F--Commercial Pilots
The proposal to establish separate subparts for student pilot
certificates and recreational pilot certificates required the
regulations for commercial pilot certificates and ratings to be
relocated from subpart E in the existing rule to subpart F in the
proposed rule.
Section 61.121 Applicability.
The FAA did not propose any substantive changes for this section,
nor were any substantive comments received. The FAA has adopted this
section as proposed.
Section 61.123 Eligibility requirements: General.
In Notice No. 95-11, the FAA proposed to revise this section and
include new eligibility requirements for commercial pilot applicants.
In proposed paragraph (b), the FAA added a requirement that an
applicant be able to write in the English language. In addition,
applicants would have been required to meet the English language
requirements, eliminating the existing provision under which an
applicant who cannot read, speak, and understand the English language
may receive a certificate with an operating limitation, as deemed
necessary by the Administrator.
In proposed paragraph (c), the FAA proposed that an applicant only
hold a third-class medical certificate at the time of the practical
test. However, as in the existing rule, a commercial pilot was still
required to hold a second-class medical certificate for operations
requiring a commercial pilot certificate. Also in the proposed
paragraph, the existing medical requirements for applicants who desired
a rating in a glider or a balloon were revised.
The FAA proposed in paragraph (d) to require an applicant to
specifically receive an endorsement from the ground or flight
instructor who gave the applicant training or reviewed the applicant's
home-study course, stating that the applicant is prepared for the
knowledge test.
Proposed paragraph (i) required an applicant to hold a private
pilot certificate, before applying for a commercial pilot certificate.
Comments: AOPA objects to the proposal in Sec. 61.123(i) to require
commercial pilot applicants to hold a private pilot certificate as a
prerequisite for taking the commercial pilot practical examination for
all classes and categories of aircraft. AOPA believes that the
requirements for the commercial certificate stand alone as adequate
preparation for any applicant for the commercial certificate regardless
of whether or not they have ever held another certificate. NAFI
supports the proposed requirement for commercial applicants to possess
a private pilot certificate. According to the commenter, the time and
experience acquired in preparation for the private is necessary for
pilots to learn their personal
[[Page 16268]]
limitations. An individual commenter states that an instrument rating
should be listed in the commercial pilot applicant eligibility
requirements of Sec. 61.123.
FAA Response: For reasons discussed in section IV,G, the final rule
inserts language restoring the option for the Administrator to place an
operating limitation on an applicant's pilot certificate, waiving the
applicant's English language requirements based on medical reasons. As
discussed in the analysis of Sec. 61.23, the rule has placed all
medical requirements into that section.
In response to AOPA's comment, the existing rule requires that
persons seeking a commercial certificate in airplanes must either hold
a private pilot certificate or meet the requirements for holding a
private pilot certificate. A commercial pilot applicant is therefore
required to have completed the ground and flight training for a private
pilot certificate, and have passed the required knowledge and practical
tests before making an application for a commercial pilot certificate.
Private pilot applicants are tested on a number of tasks that
commercial pilot applicants are not tested on. The FAA wants to ensure
that all commercial pilots possess the aeronautical knowledge and
flight proficiency that must be mastered by all private pilots. The FAA
has determined that the requirement will not be an additional
regulatory burden or economic burden because experience has shown that
nearly all persons seeking commercial pilot certificates already
possess at least a private pilot certificate. In the final rule, other
minor editorial and formatting changes to the proposed rule were also
made. Except for these changes, the final rule is adopted as proposed.
Section 61.125 Aeronautical knowledge.
The FAA proposed to establish aeronautical knowledge requirements
that are applicable to applicants for all commercial pilot
certificates.
In proposed paragraph (b), the FAA modified the aeronautical
knowledge requirements to include training on additional subjects such
as windshear avoidance, and aeronautical decision making and judgment.
Comments: GAMA supports the addition of windshear recognition and
avoidance, aeronautical decision making, and night and high-altitude
operations to the commercial pilot aeronautical knowledge requirements.
GAMA believes that the statement ``including recognition and avoidance
of wake turbulence'' was unintentionally omitted and should be included
in Sec. 61.125(b)(5). AOPA favors the concept of teaching aeronautical
decision making and judgment as part of commercial pilot training, but
it cannot accept the proposed requirement without a definition of what
must be taught and to what standards. AOPA encourages the FAA to
elaborate on the specific nature of this training in the preamble to
the final rule.
FAA Response: In response to GAMA's concern regarding the exclusion
of training in wake turbulence recognition and avoidance, the FAA notes
that this training is required to be provided to all private pilots as
specified in Sec. 61.105(b)(7). The rule also requires that all
applicants for a commercial pilot certificate possess a private pilot
certificate, thereby ensuring that such training has been received.
Regarding AOPA's concern on the need for guidance material regarding
aeronautical decision making, the FAA points out that AC 60-22,
``Aeronautical Decision Making,'' contains such guidance.
Section 61.127 Flight proficiency.
In Notice No. 95-11, the FAA separated and revised areas of
operation the airplane single-engine rating, airplane multiengine
rating, rotorcraft helicopter rating, rotorcraft gyroplane rating,
glider nonpowered rating, glider category powered rating, lighter-than-
air airship rating, lighter-than-air balloon rating, and powered-lift
rating.
The proposal specifically required an applicant for a glider
category rating to receive training on launches, approaches, and
landings if applying for a nonpowered class rating, in proposed
paragraph (g); and takeoffs, landings, and go-arounds if applying for a
powered class rating, in proposed paragraph (h). No substantive
comments in opposition to this proposal were received.
FAA Response: In the final rule, the proposed ``ground reference
maneuvers'' were deleted from the areas of operation for the gyroplane
rating, because it is not a task that is required to be tested in
gyroplanes and was inadvertently included in the proposal. As a result
of the FAA's decision not to adopt flight instructor certificates for
the lighter-than-air category, as discussed in section IV, C, the areas
of operation associated with flight instruction have been added to the
required areas of operation for airship and balloon ratings. The FAA
also is not adopting separate flight proficiency requirements for
powered and nonpowered gliders. This issue is discussed in section
IV,F. Apart from these and minor editing changes, the final rule is
adopted as proposed.
Section 61.129 Aeronautical experience.
In Notice No. 95-11, the FAA proposed to consolidate all
aeronautical experience requirements for commercial pilots in
Sec. 61.129. The FAA therefore proposed to change the title of the
existing Sec. 61.129 to ``Aeronautical experience.'' Within proposed
Sec. 61.129, the FAA organized these requirements by category and class
of aircraft.
Proposed paragraphs (a) through (g) listed revised and separate
aeronautical experience requirements for the airplane single-engine
rating, airplane multiengine rating, rotorcraft helicopter rating,
rotorcraft gyroplane rating, glider powered rating, glider nonpowered
rating, lighter-than-air airship rating, lighter-than-air balloon
rating, and powered-lift rating.
The FAA proposed specific revisions to the aeronautical experience
requirements for commercial pilots by establishing more flexible
training requirements for commercial pilot applicants and by
integrating the concept of supervised pilot in command into the
proposed aeronautical experience requirements. The proposal decreased
the amount of dual instruction time an applicant would be required to
possess prior to obtaining a certificate.
The proposal also established aeronautical experience requirements
for a powered-lift rating. The minimum number of total hours required
to obtain a commercial pilot certificate remained unchanged.
Within the category-and class-specific paragraphs, where
applicable, the FAA revised the existing solo requirements, dual
training time requirements, dual cross-country requirements, night
flight requirements, and instrument training time requirements,
specifying that these requirements actually should be performed in the
appropriate category and class of aircraft. Also, two new dual cross-
country requirements were added: one for day VFR and one for night VFR
flight. For airplanes, the FAA specified that the complex airplane
requirements must be class-specific, although a provision was added
permitting the use of a turbine-powered airplane in lieu of an airplane
that has retractable landing gear, flaps, and a controllable pitch
propeller.
Comments: GAMA supports requiring applicants for commercial pilot
certificates to have training and demonstrate proficiency in the same
category and class of aircraft for which a rating is sought. According
to GAMA,
[[Page 16269]]
pilots who want to exercise commercial privileges in these types of
aircraft will need to undergo this training, so any additional cost is
minimal and the margin of safety would be improved.
NATA opposes the requirement in proposed Sec. 61.129 (a)(3)(ii) and
(b)(3)(ii) that 10 hours of complex training be class specific in a
single-engine airplane and/or a multiengine airplane. NATA believes
that due to the high cost of training in complex aircraft, the class-
specific requirement greatly increases the financial burden on students
without additional training benefits. The commenter specifically states
that the prior option available to students of using multiengine time
to satisfy single-engine complex time requirements, would be eliminated
without justification. The commenter contends that neither aircraft
training time nor cross-country time requirements should be class
specific.
In its comment, HAI objects to the requirements in proposed
Sec. 61.129(a)(4), (b)(4), and (c)(4) for supervised pilot in command
on the approved areas of operation listed in Sec. 61.127. The commenter
contends that the proposal would require the performance of emergency
maneuvers that should not be performed without an instructor. HAI also
questions the 5 hours of night supervised pilot in command required in
proposed Sec. 61.129(a)(4)(iii), (b)(4)(iii), and (c)(4)(ii). The
commenter questions whether it is wise to have private or nonrated
pilots flying at night without an instructor. With regard to the
commercial helicopter rating, HAI recommends removing proposed
Secs. 61.129(c)(3)(iii) and 61.129(c)(4)(ii), and combining these
sections into a new paragraph (5) that would require 5 hours of flight
time in night VFR conditions, which would include: one cross-country
flight in a helicopter of at least 2-hours duration and a total
straight line distance of more than 50 nautical miles from the original
point of departure; and 10 solo takeoffs and landings, each involving
an en route phase of flight. Most helicopters are not equipped for
instrument flight, and HAI contends that its recommended change will
prevent the safety hazard of low-time helicopter pilots and students
flying helicopters away from an airport at night without an instructor
on board the aircraft.
HAI also addresses the proposed instrument training requirements
for helicopters in Sec. 61.129(c)(3)(i). The commenter states that,
while the need for instrument training in a helicopter is necessary,
the availability of helicopter CFIs is very limited. HAI therefore
suggests expanding the types of flight instructors who can provide the
required instrument training. The commenter states that most helicopter
instructors are not instrument instructors or even instrument rated,
and, therefore, a transition period will be necessary to train
instructors to give this instruction. In addition, HAI recommends
deleting the instrument training requirement for gyroplanes in proposed
Sec. 61.129(d)(3)(1) on the grounds that there are no instrument-
equipped gyroplanes at this time.
AOPA also references HAI's comments regarding rotorcraft commercial
pilot certification, and expresses similar concerns with respect to the
instrument requirements for the commercial airship rating. AOPA
reiterates concerns similar to those raised in its comments regarding
the requirements for supervised pilot in command training for private
pilots with multiengine ratings.
Many individual commenters echoed AOPA's concerns regarding
supervised pilot in command training for pilots seeking multiengine
ratings. These commenters express concerns regarding the safety and
ability to obtain insurance coverage for such flights. One commenter
states that the proposal contains requirements for training that are
not appropriate to the category and class of aircraft specified. Some
individual commenters also state that the instrument training in
proposed Sec. 61.129(c)(3)(i) should not be required because many
helicopters are not equipped for instrument flight. For example, a
commenter notes that proposed Sec. 61.129(d)(3) would require 5 hours
of instrument training for the gyroplane rating, and a 2-hour cross-
country flight. But the commenter states that there are no gyroplanes
equipped for IFR flight, and there are no gyroplane instrument ratings
or instrument instructors. The commenter states that the only two
certified gyroplanes used for training, the McCullock J2 and Air &
Space 18A, are not capable of a 2-hour flight with reserves. The
individual commenter also takes issue with the proposed requirement
under Sec. 61.129(d)(3) for 20 hours of training in the areas of
operation under Sec. 61.127(e), stating there is no reason to increase
the required training hours, especially given that private pilot
requirements would be reduced.
SSA opposes proposed Sec. 61.129(f) and suggests different
requirements for a commercial certificate with a glider rating.
Several individual commenters opposed proposed Sec. 61.129(a)
requirements because they believed that the option of obtaining a
commercial pilot certificate without an instrument rating was being
eliminated.
FAA Response: The FAA has retained the requirements for class-
specific training, however the final rule is revised to permit certain
requirements such as the solo flight requirements for the multiengine
airplane rating, to be met in any class of aircraft within an aircraft
category. In response to HAI's comment regarding the performance of
emergency maneuvers without an instructor on board the aircraft, the
FAA notes that other training maneuvers such as stalls and slow flight,
that are routinely performed in solo flight by pilot applicants may,
when improperly performed, result in situations that adversely affect
the safety of a flight. The FAA contends that these maneuvers when
properly performed pose no adverse risk to the safety of the flight.
Flight instructors should ensure that emergency maneuvers, like other
maneuvers, only be performed in solo flight after an instructor
determines that such maneuvers may be safely performed by the
applicant, and under any restrictions that may be established by the
instructor to ensure the safety of the flight.
The FAA acknowledges AOPA's argument that solo time in multiengine
airplanes may be impractical due to liability and insurance concerns,
and is therefore replacing the term ``supervised pilot in command
flying'' with ``flight time performing the duties of pilot in command
with an authorized instructor'' for multiengine airplanes. The FAA has
therefore deleted any requirement for solo flight time in a multiengine
aircraft.
In response to the concerns of HAI and others regarding the hazards
of increased night training, the FAA reiterates its view that safety
will be enhanced because it increased night training requirements,
which will reduce the likelihood of pilots later being placed in
circumstances where they may be required to engage in flight at night
without appropriate experience.
The FAA concurs with the comments of HAI and others that instrument
training may be impractical in helicopters and gyroplanes and has
accordingly removed category and class-specific references to the
instrument training requirements in Sec. 61.129 for helicopters and
gyroplanes. Similarly, in response to AOPA and other commenters, the
FAA has modified the instrument requirements for airships.
Upon reviewing SSA's comments, and as a result of the FAA's
decision not to adopt the proposed separation of the glider category
into powered and
[[Page 16270]]
nonpowered classes in the final rule, as discussed in section IV,F, the
requirements for gliders are clarified and consolidated under one
paragraph.
The FAA has also included provisions set forth in Amendment No. 61-
100, which permit credit to be given for the use of an approved flight
simulator or approved flight training device. The FAA notes that
Amendment No. 61-100 inadvertently omitted the requirement for an
applicant for a commercial pilot certificate with an airplane rating to
log at least 100 hours of flight time in powered aircraft, at least 50
hours of which must be in airplanes. This requirement has been
reinstated in this final rule.
In addition, the FAA has added language to the existing solo cross-
country requirements to ensure pilots meet minimum standards specified
under Annex 1 to the Convention on International Civil Aviation. The
additional language requires that an applicant for a commercial pilot
certificate complete a solo cross-country flight of a total of not less
than 300 nautical miles. The existing rule states that a cross-country
flight must have landings at a minimum of three points, one of which is
at least a straight line distance of 250 nautical miles from the
original point of departure. All commercial pilot applicants with a
private pilot certificate currently meet the total 300-nautical-mile
requirement; however, private pilots certificated after the effective
date of this rule will not, due to the decrease in the solo cross-
country flight requirements for private pilots set forth in this rule.
The FAA wants to ensure that the requirements under Annex 1 to the
Convention on International Civil Aviation are specifically met, to
facilitate the acceptance of U.S. pilot certificates internationally.
Additionally, because the FAA has withdrawn the proposal to
establish a separate airship instrument rating, the FAA is reinstating
the instrument aeronautical experience requirements found in existing
Sec. 61.135(c) into paragraph (g)(3) of the final rule. An applicant
seeking a commercial pilot certificate with an airship rating must have
40 hours of instrument time, of which at least 20 hours must be in
flight, with 10 hours of that flight time in airships.
Section 61.131 Exceptions to the night-flying requirements for the
commercial pilot certificate.
Proposed Sec. 61.131 deleted the exception for applicants who are
not seeking night flying privileges. However, an applicant with a
medical restriction prohibiting the operation of an aircraft at night
would not have been required to meet the night flight training
requirements and be issued a certificate with a limitation prohibiting
night flying. In addition, an applicant who accomplished flight
training in Alaska would have had 12 months after the issuance of a
temporary airman certificate to comply with the night flight training
requirements.
The provisions of prior Sec. 61.131 ``Rotorcraft ratings:
Aeronautical experience'' were moved to Sec. 61.129.
Comments: AOPA is concerned about the special provisions regarding
Alaskan airmen who hold temporary certificates with the limitation
``night flying prohibited.'' AOPA opposes the wording of
Sec. 61.131(b)(2), which would suspend an airman's certificate if the
pilot does not complete the night training requirements within 12
calendar months. AOPA states that the FAA certificates numerous pilots
each year with permanent night flight restrictions, and there is no
reason why Alaskan airmen should be singled out for suspension of their
certificates simply because they fail to remove their night flight
restrictions.
FAA Response: AOPA's objection is noted and addressed in the FAA's
response to AOPA's comment in Sec. 61.110. As in that section, the FAA
has eliminated the reference to a 12-month temporary certificate from
Sec. 61.131 in the final rule, because current FAA temporary
certificates are valid for 120 days. In addition, by deleting the
exception for pilots who have night flying restrictions due to medical
conditions, these pilots will now be required to have 3 hours of night
flight training. However, the certificates of such pilots will be
issued with an operating limitation prohibiting night flying. The FAA
has determined that safety will be enhanced because this requirement
will reduce the likelihood of pilots later being placed in
circumstances where they may be required to engage in flight at night
without appropriate night training.
Section 61.133 Commercial pilot privileges and limitations: General.
The FAA proposed to clarify the privileges for persons who hold a
commercial pilot certificate with respect to the exercise of
certificate privileges for compensation or hire issue. In Notice No.
95-11, the FAA proposed to add the limitation that was in existing
Sec. 61.129 to proposed Sec. 61.133(b), which prohibits commercial
pilots with an airplane category rating, but without an instrument
airplane rating, from carrying passengers for hire in airplanes on
cross-country flights of more than 50 nautical miles or at night. The
same limitation was proposed for commercial pilots with a powered-lift
category rating, without an instrument powered-lift rating; and a
lighter-than-air category and airship class rating, without an
instrument airship rating. The FAA also proposed to revise the language
``hot air balloon with airborne heaters'' in existing Sec. 61.139, to
``gas balloons'' and ``balloons with airborne heaters.'' The proposal
also revised the language for the operating limitations that restrict
the pilot privileges to the type of balloon in which the person
accomplishes the practical test.
The FAA also eliminated from Sec. 61.133(c) the privilege in
existing Sec. 61.139 for commercial pilots with a lighter-than-air
category and associated class rating to give training in an airship or
free balloon, because of the proposed flight instructor certificate for
the lighter-than-air category.
Comments: AOPA supports the clarification of the language in this
paragraph.
FAA response: Paragraph (a) is adopted as proposed with a minor
editorial change. As discussed in section IV,D, the FAA has withdrawn
the proposal for an instrument airship rating and, consequently, the
language relating to this rating was withdrawn from paragraph (b). As
discussed in section IV,C, the FAA has decided to withdraw the proposed
flight instructor certificate and allow, in paragraph (c), commercial
pilots with a lighter-than-air category and associated class rating to
give training in an airship or free balloon. Except for the changes
previously discussed, as well as format and editorial changes, this
section is being adopted as proposed.
Subpart G--Airline Transport Pilots
Section 61.151 Applicability
In Notice No. 95-11, the FAA proposed to establish a section in
subpart G specifying the applicability of the subpart. No substantive
comments were received on this section, and it is adopted as proposed.
Section 61.153 Eligibility requirements: General
In Sec. 61.153, the FAA proposed that an applicant for any ATP
certificate hold a commercial pilot certificate with an instrument
rating that is appropriate to the category and class of aircraft for
the rating sought. The FAA also proposed to delete the current
provision that allows an applicant to be concurrently enrolled in an
instrument rating course upon application for the certificate. The
[[Page 16271]]
minimum age requirement of 23 years to take the practical test, but not
to take the knowledge test, was retained. The FAA also proposed to
permit an applicant for an ATP certificate to hold only a third-class
medical certificate, while the first-class medical certificate would
continue to be required to exercise the privileges of the certificate.
In addition, the proposal eliminated the existing requirement for an
applicant to be able to ``speak [the English language] without accent
or impediment of speech that would interfere with two-way radio
conversation.'' However, applicants were required in the proposed rule
to read, speak, write, and understand the English language to be
eligible to apply for the ATP certificate. The proposal eliminated the
requirement that an applicant be a ``high school graduate or its
equivalent in the Administrator's opinion, based on the applicant's
general experience and aeronautical experience, knowledge, and skill.''
In keeping with procedures for other knowledge tests, proposed
Sec. 61.153 permitted applicants to take the ATP knowledge test before
obtaining the aeronautical experience necessary for the issuance of an
ATP certificate. The proposed rule also included requirements found in
existing Sec. 61.155 for applicants who are military pilots, and
applicants who hold a pilot license issued by a member State of ICAO.
Comments: ALPA and NATA oppose the deletion of the requirement for
ATP certificate applicants to have at least a high school diploma. NATA
states that the current requirement is necessary for full comprehension
of aircraft information, and it can be used to encourage children who
aspire to aviation careers to remain in school. ALPA comments that the
complexity of modern air transport increases the need for a strong
academic background. A few individual commenters also opposed deletion
of this requirement.
AOPA supports elimination of the requirement that an applicant for
an ATP knowledge test must have 1,500 hours of flight time and possess
a valid first-class medical certificate. GAMA also supports the
provision that permits an applicant to hold only a third-class medical
certificate when that person applies for an ATP certificate, because it
allows flexibility and encourages training without decreasing safety.
HAI opposes proposed Sec. 61.153(e)(1) requiring an applicant for
an ATP certificate to hold at least a commercial pilot certificate and
an instrument rating. The commenter contends that it is a burden to
require applicants, including foreign pilots entering an ATP program to
upgrade their certificates, to go through the paperwork to obtain a
commercial certificate with an instrument rating if at the end of ATP
training the applicants will have exceeded those requirements. HAI
proposes that the rule only require an applicant to ``meet'' these
requirements instead of ``holding'' the commercial certificate and
instrument rating.
Some individual commenters also objected to the elimination of the
high school diploma requirement for an ATP applicant. Another commenter
endorses the proposed changes under Sec. 61.153.
FAA Response: In response to comments regarding the proposed
English language requirements the provisions regarding English language
proficiency have been standardized throughout part 61, as discussed in
section IV,G. The stated requirement for an applicant for an ATP
certificate to possess only a third-class medical certificate has also
been placed in Sec. 61.23 as have similar requirements for other pilot
certificates. A first class medical certificate however is still
required to exercise the privileges of the ATP certificate. The FAA
also contends that all ATP applicants should possess the knowledge,
skill, and experience required of a holder of a commercial pilot
certificate with an instrument rating. This level of initial
proficiency in an ATP applicant can only be ensured by requiring an
applicant to meet the objective evaluation criteria for the issuance of
the commercial pilot certificate with an instrument rating. Regarding
ALPA's and NATA's comments on the elimination in this section of the
requirement for a high school diploma, the FAA's experience is that ATP
certificate applicants typically achieve a higher level of education,
which makes the existing requirement obsolete.
Section 61.155 Aeronautical knowledge.
Proposed Sec. 61.155 combined the existing aeronautical knowledge
requirements of applicants for airplane and rotorcraft ratings, and
updated the list of items of required aeronautical knowledge for ATP
applicants. These requirements would also apply to the powered-lift
rating. Proposed revisions included deleting references to air
navigation facilities on Federal airways, such as rotating beacons,
course lights, and radio ranges, and adding requirements such as
physiological factors, aeronautical decision making and judgment,
windshear, and resource management. The proposal also clarified that an
applicant for a type rating would not be required to take an additional
knowledge test, if the applicant already held an ATP certificate with
the appropriate category rating.
Comments: GAMA supports the inclusion of windshear and microburst
awareness, identification and avoidance, flight crewmember
physiological factors, aeronautical decision making, and flight deck
resource management in the aeronautical knowledge requirements for ATP
applicants. GAMA believes that the statement ``including recognition
and avoidance of wake turbulence'' was unintentionally omitted and
should be included in Sec. 61.155.
AOPA cannot support the proposed requirement for aeronautical
decision making and judgment training until such time as the material
and standards for this training are disclosed. AOPA believes that
consideration should have been given to training in air traffic delays
because ATPs are the pilots most likely to need this type of training.
Approximately 40 comments address the general issue of requiring
training in human factors, with more than half in opposition. One
individual commenter calls the proposal ``needless;'' another states
that while such training is worthwhile, it is not a regulatory issue.
ALPA, AsMA, and SSA support human factors training for all levels of
pilot certification. ALPA recommends adding ``pilot fatigue,''
including both its causes and impact on operations, to the training
curriculum. ALPA states that the FAA should provide pilots and
instructors with specific guidance and references for study. SSA notes
that crew resource management applies even to single-place aircraft by
emphasizing the importance of an organized cockpit. According to SSA,
the soaring community recognizes that hypoxia, hypothermia, and other
conditions affect the pilot, and training on the use of oxygen is
addressed in areas where flights above 10,000 feet may be conducted
regularly. SSA states that additional regulation in this area is not
required.
FAA Response: The FAA purposely deleted the recognition and
avoidance of wake turbulence as an aeronautical knowledge area for the
ATP certificate. This training was deleted because it is provided at
lower certificate levels (student and private) and requiring it in
Sec. 61.155 would be duplicative of these requirements. The FAA,
through this regulatory review, has made an effort to eliminate
repetitive requirements, and conform with the ``step-by-step building
block'' concept of pilot certification. Also, the FAA has replaced the
term ``flight crewmember physiological factors'' with ``human factors''
because the latter term encompasses the former,
[[Page 16272]]
and is more commonly recognized and understood in the aviation
community. As stated in the FAA's previous discussion of this issue,
the FAA believes that training in human factors and aeronautical
decision making may decrease the number of accidents attributable to
pilot error, because the implementation of similar training in air
carrier operations has decreased accident rates. This is further
discussed in section IV,H. In response to ALPA's comment, the FAA
provides pilots and instructors with guidance materials regarding human
factors and aeronautical decision making in: AC 67-2, ``Medical
Handbook for Pilots''; AC 61-107, ``Operations of Aircraft at Altitudes
Above 25,000 feet MSL and/or MACH numbers (Mmo) Greater Than .75''; and
in the Airline Transport Pilot, Aircraft Dispatcher, and Flight
Navigator Knowledge Test Guide.
Section 61.157 Flight proficiency.
Proposed Sec. 61.157 established the flight proficiency
requirements for applicants for airplane and rotorcraft ratings, and
included separate and revised areas of operation for the airplane
single-engine rating, airplane multiengine rating, rotorcraft
helicopter rating, and the proposed powered-lift rating. The proposed
rule also included specific approved areas of operation for each
rating. In addition, the proposed rule clarified that the type ratings
on a superseded pilot certificate would be elevated to the ATP
certificate level, for the category and class of aircraft in which a
pilot satisfactorily accomplished the ATP practical test.
No substantive comments to this section were received. This section
has been adopted as proposed and modified to include the provisions of
Secs. 61.153 and 61.158, which pertain to the use of approved flight
simulators or approved flight training devices to obtain an airplane or
helicopter rating. The changes were set forth in Amendment No. 61-100.
The proposal has also been modified to include the provisions for the
use of approved flight simulators or approved flight training devices
to obtain a rating in a powered-lift. This section also has been
revised to include appropriate limitations for appropriate tests not
taken under instrument flight rules.
The FAA notes that Amendment No. 61-100 permits a proficiency check
conducted under Sec. 121.441 or checks conducted under Secs. 135.293
and 135.297 to satisfy the requirements of Sec. 61.157. This final rule
specifies that these checks must include all maneuvers and procedures
required for the issuance of a type rating, and that any check must be
evaluated by a designated examiner or FAA inspector.
Section 61.159 Aeronautical experience: Airplane category rating.
The FAA proposed that Sec. 61.159 include the prior aeronautical
experience requirements for an airplane category rating with no
substantive changes.
Comments: AOPA states that although this section was not changed in
Notice No. 95-11, proposed Sec. 61.159(a)(3), which is based on an
existing Sec. 61.155(a)(3), is the source of considerable
misinterpretation by airmen and FAA personnel, and should be clarified.
The problem lies in the use of the phrase ``in actual flight,'' which
has been interpreted incorrectly to mean that the hours must be flown
in actual IMC. AOPA requests that the rule be changed to reflect the
``correct and documented interpretation'' that an applicant for an ATP
must have 75 hours of instrument time in actual or simulated IMC, 25
hours of which may have been obtained in a simulator or flight training
device. AOPA also objects to proposed Sec. 61.159(c) because there is
no provision for crediting second in command time such as safety pilot
time. AOPA states that the FAA sought to rectify this situation in
Amendment 61-71, which ``clearly states that all second in command time
that meets the requirements of the current Sec. 61.153(c) may be
credited toward the ATP aeronautical experience requirements.''
FAA Response: The FAA agrees with AOPA's arguments regarding the
confusion produced by the phrase ``in actual flight'' and has deleted
the word ``actual.'' An incorrect reference to part 119 certificate
holders was also eliminated. The FAA also agrees with AOPA's comment
regarding safety pilots logging second in command time, and has added
Sec. 61.159(c)(1)(iii), which permits a safety pilot to credit second
in command time toward the total flight time requirements for an ATP
certificate. In addition, the provisions of proposed Sec. 61.167(b) and
(c) were placed in Sec. 61.159(d) and (e) in the final rule. Provisions
for the use of approved flight simulators and approved flight training
devices were also included as set forth in the final rule, Amendment
No. 61-100.
Section 61.161 Aeronautical experience: Rotorcraft category and
helicopter class rating.
Proposed Sec. 61.161 sets forth the aeronautical experience
requirements for an applicant seeking an ATP certificate with a
rotorcraft helicopter rating. It includes the aeronautical experience
requirements for a rotorcraft category rating. No substantive comments
were received. The section is being adopted as proposed, and was
modified only to include provisions for the use of approved flight
simulators and approved flight training devices.
Section 61.163 Aeronautical experience: Powered-lift category rating.
Proposed Sec. 61.163 sets forth the aeronautical experience
requirements for an ATP certificate with a powered-lift category
rating. Existing Sec. 61.161, ``Rotorcraft rating: Aeronautical
skill,'' was eliminated, and its existing provisions were covered in
proposed Sec. 61.153.
Comments: AOPA and NAFI object to the proposed section because of
their objection to the FAA's decision to establish a powered-lift
category rating.
FAA Response: The FAA responded to objections against the
establishment of the proposed powered-lift category rating in section
IV,F. In the final rule, the FAA removed the reference to ``actual''
flight and changed the section to include provisions for the use of
approved flight simulators and approved flight training devices.
Section 61.165 Additional aircraft category and class ratings.
Proposed Sec. 61.165 contained the provisions of existing
Sec. 61.165, ``Additional category ratings,'' and included provisions
for a powered-lift category rating.
Comments: AOPA and NAFI object to the proposed section because of
their objection to the FAA's decision to establish a powered-lift
category rating.
FAA Response: The FAA responded to objections against the
establishment of the proposed powered-lift category rating in section
IV,F. The FAA adopted this section as proposed, with minor editorial
changes.
Section 61.167 Privileges.
Proposed Sec. 61.167 contained the provisions of existing
Sec. 61.171. Proposed Sec. 61.167(b) also contained the limitations
found in existing Sec. 61.155(d). Those limitations applied to
applicants who credit second in command or flight engineer time in
meeting the total time requirement for an ATP certificate. No
substantive comments were received to this section, therefore, the FAA
is implementing the proposed changes. However, the provisions of
Sec. 61.167(b) and (c) in the proposed rule were moved to
Sec. 61.159(d) and (e) in the final rule, and the title of the section
was changed from ``General privileges and limitations'' to
``Privileges'' because there are no
[[Page 16273]]
limitations in this paragraph. After further review, the FAA has
decided to restate the privileges in existing Sec. 61.169 in order to
clarify that an ATP can continue to provide instruction in air
transportation service and to include provisions for providing
instruction in approved flight simulators and approved flight training
devices. Other clarifying and terminology changes were also made to
this section.
Subpart H--Flight Instructors
Section 61.181 Applicability.
No substantive changes were proposed for this section, and it is
adopted as proposed.
Section 61.183 Eligibility requirements.
In proposed Sec. 61.183, the FAA revised the existing eligibility
requirements for flight instructors. In paragraph (b), the FAA proposed
that an applicant be able to speak and understand the English language.
The existing rule requires an applicant to converse fluently.
In proposed paragraph (c), the FAA added requirements for an
applicant for a flight instructor certificate with a helicopter,
airship, or powered-lift rating to hold an instrument rating. This was
in addition to the existing requirement, which only specified that an
applicant for a flight instructor certificate with an airplane or
instrument rating hold an instrument rating on his or her pilot
certificate.
Proposed paragraphs (d) through (g) revised existing requirements,
specifying that an applicant would be required to receive from the
ground instructor or flight instructor who gave the applicant training
or reviewed the applicant's home-study course, an endorsement that
states the applicant is prepared for the knowledge test, and receive
from the flight instructor who gave the applicant training, an
endorsement that states the applicant is prepared for the practical
test.
Proposed paragraph (j) required applicants to have logged at least
15 hours of pilot-in-command time in the category and class of aircraft
that is appropriate to the flight instructor rating sought. The
existing requirement only applies to flight instructors seeking an
additional rating.
Comments: AOPA and NAFI object to proposed Sec. 61.183(c)(2)(iii)
and (c)(2)(iv) requirements for flight instructors with helicopter
ratings or airship ratings to have an instrument rating, because there
is no safety problem under the current system, and because most
operations in these aircraft are conducted under VFR. HAI expresses the
same opposition with respect to helicopters, and adds that the shortage
of helicopters equipped for instrument training would make the
requirement burdensome. If the proposal were implemented, HAI
recommends a 2-year transition period during which a CFI could continue
to teach.
With respect to proposed paragraph (j), SSA supports the
requirement that a pilot must log at least 15 hours of pilot-in-command
time in the category and class of aircraft prior to receiving an
initial flight instructor certificate, but feels it is an excessive
requirement in the case of additional ratings. The commenter states
that while the economic impact of the 15-hour requirement for an
initial instructor rating is minimal, the impact would be significant
for additional ratings. SSA proposes a minimum of 20 hours pilot in
command flight time and 5 hours in category for an instructor seeking
to add a glider rating to a flight instructor certificate.
FAA Response: The FAA concurs with the views of AOPA, HAI, and NAFI
that requiring an applicant for a flight instructor certificate with a
helicopter possess an instrument rating is unnecessary and burdensome.
The FAA is therefore deleting this proposed requirement from the final
rule. As the FAA has decided not to establish a flight instructor
rating for airships, the proposed requirement that an applicant for a
flight instructor rating for an airship possess an instrument rating
has also been withdrawn. However, the FAA has decided that the proposal
remains valid for powered-lift and instrument ratings. In response to
SSA's comment regarding 15 hours of pilot in command experience in
category and class for an additional flight instructor rating, the FAA
notes that this is an existing requirement as found in Sec. 61.191(b).
Additionally, the FAA revised the rule to permit an applicant to forego
taking the knowledge test specified in Sec. 61.185(a) if certain
equivalent conditions are met by the applicant. The FAA did not propose
to change this requirement. Except for these changes and other
editorial changes to include the use of approved flight simulators and
approved flight training devices, the final rule is adopted as
proposed.
Section 61.185 Aeronautical knowledge.
In Notice No. 95-11, the FAA proposed to add the requirement for
flight instructor applicants to receive and log ground training on the
aeronautical knowledge areas in which ground training is required for a
recreational pilot certificate. This was an addition to the existing
requirement for a flight instructor applicant to log instruction on the
aeronautical knowledge areas relating to the private and commercial
pilot certificates.
Proposed paragraph (b)(2) required a flight instructor applicant to
receive and log ground training on the aeronautical knowledge areas in
which ground training is required for an instrument rating, if that
person is applying for a flight instructor certificate in the following
categories and classes of aircraft: airplane single-engine, airplane
multiengine, airship, powered-lift, or any instrument flight instructor
rating.
Comments: NAFI approves of proposed Sec. 61.185(a) requiring a
logbook entry for aeronautical knowledge training, but the association
feels strongly that this requirement should be waived for certificated
teachers. No other substantive comments were received.
FAA Response: The FAA agrees with NAFI's comment and has
incorporated language in this section that excepts certain individuals,
including certificated teachers, from meeting the requirements of
paragraph (a) of this section. Additionally, minor editorial changes
have been made to the final rule.
Section 61.187 Flight proficiency.
The FAA proposed to move to Sec. 61.195 the existing requirement
within this section addressing the minimum experience requirements for
a flight instructor who can train first-time flight instructor
candidates.
In Notice No. 95-11, the FAA proposed paragraphs to list those
specific areas of operation in which an applicant must receive and log
flight instruction or ground instruction prior to taking any practical
test for a flight instructor rating. The specific areas of operation
are listed for flight instructors with ratings in the following
categories and classes of aircraft: airplane single-engine, airplane
multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered
glider, nonpowered glider, airship, balloon, and powered-lift.
Comments: Substantive comments objected only to the creation of
proposed new categories, classes, and/or ratings.
FAA Response: As discussed in section IV,H, the FAA replaced
existing flight proficiency requirements for certificates and ratings
with general areas of operation. As discussed in section IV,F, the FAA
has decided not to adopt the proposal for separate powered and
nonpowered glider class ratings, and therefore the final rule
[[Page 16274]]
consolidates proposed glider areas of operation within one category. As
discussed in section IV,C, the final rule does not adopt the proposal
for flight instructor certificates in the lighter-than-air category,
therefore, the associated areas of operation have been deleted. Except
for these changes, and other editorial changes to include the use of
approved flight simulators and approved flight training devices, the
final rule is adopted as proposed.
Section 61.189 Flight instructor records.
In Notice No. 95-11, the FAA proposed that a flight instructor must
use and retain a syllabus to train all students.
Comments: AOPA opposes the requirement in proposed Sec. 61.189(a)
that an instructor must sign the logbook of each person to whom ground
training is given. According to AOPA, the proposal would require an
instructor giving a presentation to an audience of hundreds to give an
endorsement to all attendees. AOPA further opposes the requirement in
Sec. 61.189(b)(2) that a flight instructor must maintain a record of
the results of each practical test or knowledge test for which an
endorsement was provided. It is AOPA's position that it is not an
instructor's responsibility to keep track of a student's test results,
especially for instructors in weekend ground schools and seminars. The
commenter opposes the proposed requirement in Sec. 61.189(b)(3) that a
copy of each syllabus used for training be retained, and AOPA asks if
this refers to the course syllabus or to each syllabus used for
individual students. In addition, AOPA objects to the proposed
Sec. 61.189(b)(4) requirement that all records listed in Sec. 61.189 be
retained for 3 years. NAFI and NATA similarly object to the requirement
for an instructor to keep copies of the syllabus, stating that this
would be a burden on instructors and a potential source of litigation.
NATA states that student responsibility could best be ensured by
requiring the student to present a copy of the syllabus to the
designated examiner during a practical test. Individual commenters
echoed these associations' views.
FAA Response: The FAA acknowledges the concerns of AOPA regarding
logbook entry requirements and the retention of test results, but
points out that these are existing requirements. The FAA has withdrawn
the proposal for flight instructors to follow a written syllabus;
therefore, the recordkeeping requirements of this section pertaining to
syllabuses have been eliminated. Apart from these and minor editorial
changes, the final rule has been adopted as proposed.
Section 61.191 Additional flight instructor ratings.
No substantive changes to this section were proposed. The
requirement in existing Sec. 61.191(a) that a flight instructor
applicant for an additional rating must hold a pilot certificate with
ratings appropriate to the flight instructor rating sought was placed
in proposed Sec. 61.183, which pertains to eligibility requirements.
The requirement in existing Sec. 61.191(b) that a flight instructor
applicant for an additional rating must have at least 15 hours of
pilot-in-command time in the category and class of aircraft that is
appropriate to the flight instructor certificate sought was also placed
in proposed Sec. 61.183.
Comments: As discussed in reference to proposed Sec. 61.183, SSA
opposes applying the requirement for 15 hours of pilot in command in
appropriate category and class for additional flight instructor
ratings. HAI objects to proposed Sec. 61.191 because it no longer
requires a flight instructor to take a knowledge test for additional
flight instructor ratings. The commenter recommends retention of the
existing rule, ``with a shortened knowledge test for additional
category ratings.''
FAA Response: SSA's concerns are addressed in the FAA comments to
proposed Sec. 61.183. With respect to HAI's concern, the FAA points out
that the knowledge test requirements are incorporated into Sec. 61.183,
and that Sec. 61.183(f) requires a flight instructor applicant to pass
a knowledge test on the aeronautical knowledge areas listed in
Sec. 61.185 (b) and (c) that are appropriate to the rating on the
flight instructor certificate sought. The final rule is adopted as
proposed.
Section 61.193 Flight instructor privileges.
In Notice No. 95-11, the FAA proposed revising the title of this
section from ``Flight instructor authorizations'' to ``Flight
instructor endorsements and authorizations.''
The proposal deleted the existing detailed listing of types of
instructor endorsements. The listing was replaced by more general
language, although a detailed list of the certificates and ratings for
which these endorsements apply was provided.
Although no substantive comments were received, the final rule was
revised from the proposed rule to eliminate redundant language. Also,
the title of this section was revised to read ``Flight instructor
privileges'' to more accurately reflect the requirements contained in
this section.
Section 61.195 Flight instructor limitations and qualifications.
The FAA proposed revising the title of this section from ``Flight
instructor limitations'' to ``Flight instructor limitations and
qualifications.''
The FAA proposed to revise, in proposed paragraph (a), the prior
limitation that a flight instructor may not conduct more than 8 hours
of flight training in a 24-hour period. The FAA also proposed to limit
a flight instructor to a total of no more than 8 hours of flight
training and commercial flying in a 24-hour period.
Proposed paragraph (b)(2) clarified the current requirement that to
give training in an aircraft that requires a type rating, the flight
instructor must hold a type rating in that aircraft. The existing rule
implied that the flight instructor is required to hold a type rating on
the instructor's pilot and flight instructor certificates. The proposal
specified that a flight instructor is required to hold a type rating on
his or her pilot certificate and not the instructor certificate.
Proposed paragraph (c) clarified that a flight instructor who gives
instrument flight training for the issuance of an instrument rating or
a type rating that is not limited to VFR is required to hold the
instrument rating for the category and class of aircraft for which the
instrument training is being given, on the instructor's pilot
certificate and flight instructor certificate.
Proposed paragraph (d) revised the existing flight instructor
endorsements. The requirement for a flight instructor to endorse a
student pilot's certificate and logbook for supervised pilot in command
cross-country flight was clarified in paragraph (d)(1). Under this
proposal, the flight instructor was required to determine that the
flight could be performed within any limitations in the student's
logbook that the instructor considered necessary for the safety of
flight. The intent of the proposal was to ensure that the flight
instructor providing the endorsement is aware of any special
limitations pertaining to an individual student.
Proposed paragraphs (d)(5) and (d)(6) clarified that the flight
instructor who endorses a pilot's logbook for a flight review or an
instrument proficiency test must have conducted that flight review or
instrument proficiency test in accordance with all applicable
requirements.
Proposed paragraph (f) expanded the existing rule that requires a
flight instructor to have at least 5 flight hours
[[Page 16275]]
of operating experience as a pilot in command in the specific make and
model of multiengine airplane or helicopter, to include powered-lifts.
The complexity and flight characteristics of these aircraft require
that a flight instructor be proficient in the aircraft and requires
that the flight instructor requirements for powered-lifts parallel
those requirements for multiengine airplanes and helicopters.
The FAA proposed in paragraph (g)(1) to require a flight instructor
to give all training from a control seat that meets the requirements of
Sec. 91.109. Proposed paragraph (g)(2) clarified that the aircraft in
which training is given should have at least two pilot seats and be of
the same category and class for which the rating is sought. The
proposal required a flight instructor who trains a person who desires
to fly a single-place aircraft to perform the pre-solo training in an
aircraft that has two pilot seats, is of the same category and class as
the single-place aircraft, and has similar flight characteristics to
that of the single-place aircraft.
Proposed paragraph (h) revised the minimum experience requirements
for a flight instructor who can train first-time flight instructor
candidates. In the existing rule, such requirements are contained in
Sec. 61.187. The FAA added minimum ground training experience
requirements for an instructor training a first-time instructor
applicant, and clarified the requirement that a person not serving as
an instructor in an FAA-approved course and providing flight training
to a flight instructor candidate, have a minimum of 24 months of
experience as a flight instructor. The FAA also proposed that, in FAA-
approved courses, flight instructors who give training to applicants
for an initial flight instructor certificate may, in lieu of meeting
the previously discussed requirements, have a record of having endorsed
at least five applicants for a pilot certificate, with at least 80
percent having passed the practical test on the first attempt; and must
have given at least 400 hours of instruction in airplanes, rotorcraft,
or powered-lifts; 100 hours in gliders; or 40 hours in lighter-than-air
category aircraft.
In paragraph (i) of the proposal, the FAA clarified that a flight
instructor may not make any self-endorsement for the furtherance of a
certificate, rating, proficiency test, flight review, authorization,
operating privilege, practical test, or knowledge test.
Comments: AOPA opposes proposed Sec. 61.195(a) restricting the
number of hours a flight instructor may fly in a 24-hour period to 8
hours of flight training or any combination of commercial flying and
flight training. The commenter does not believe that the FAA has
demonstrated a need for such a restriction. According to AOPA, flight
instructors are the lowest paid aviation professionals in the industry,
and they usually cannot afford to instruct on a full-time basis. AOPA
fears that the restriction will force more instructors to leave the
profession. HAI also objects to this proposal and recommends that a
flight instructor have the same duty-time requirements as other
commercial pilots. Commenting on Sec. 61.195(c), HAI asks for
clarification as to whether a CFI can give the instrument training for
a private certificate or commercial certificate.
With apparent reference to proposed paragraph (f), SPA recommends
additional requirements for seaplane instructors. The commenter
recommends not only a minimum of 5 hours of pilot in command in
category and class but, to ensure that an instructor has appropriate
floatplane or flying boat experience, a minimum of 5 hours of training
in the type of aircraft in which instruction will take place. SPA also
states that the present system fails to limit the authority of a pilot
trained in either floatplanes or flying boats ``to act immediately as
pilot in command in the other class without any further training.'' An
individual commenter suggests a requirement under Sec. 61.195(f) for a
flight instructor to have 5 hours experience as pilot in command in the
make and model of seaplane and/or gyroplane to give instruction in that
aircraft.
One individual commenter opposes the proposed paragraph (g)(1)
requirement that an aircraft have dual flight controls for instruction,
because this may discourage pilots who own Beechcraft Bonanzas and
Barons with throwover control wheels from receiving instruction in
their own aircraft. Another commenter opposes the requirement that all
flight training must be given from a control seat. The commenter cites
instances where this would not be necessary, such as instrument
instruction with a qualified safety pilot in the right seat and the
instructor in a jump seat, pilot upgrade training with a qualified
pilot serving as the other crewmember, and instrument instructor
training while giving an instrument student concurrent instruction.
AOPA expresses a concern regarding the requirement in proposed
Sec. 61.195(g)(2)(ii) that if supervised pilot in command flight is to
be conducted in a single-place aircraft, then all pre-supervised pilot
in command training must be conducted in an aircraft with two pilot
seats, of the same category and class, and that has ``similar flight
characteristics of the single-place aircraft.'' AOPA contends that this
language is very subjective and could be a source of litigation. The
association recommends deleting this requirement. On a similar issue,
an individual commenter states that Sec. 61.195(g)(2)(ii) should
provide for cases in which an owner of a single-place powered glider
may receive supervised pilot in command flight training in that
aircraft.
AOPA and NAFI oppose the existing and proposed requirement in
Sec. 61.195(h) that a pilot be an instructor for at least 24 months
before teaching an instructor applicant. These commenters state that a
minimum amount of instructional experience requirement may be
appropriate, but the FAA has failed to prove the need for the specified
200 hours or 24 months of experience required of a flight instructor
training a first-time flight instructor applicant in an airplane,
rotorcraft, or powered-lift. SSA supports the proposal's elimination of
the prior phrase ``immediately preceding'' from the provisions of
existing Sec. 61.87(b), because instructors with years of experience,
but who have been relatively inactive over the preceding 2 years, would
still be eligible to pass that experience to a new instructor
candidate. SSA states that these instructors may even be more qualified
than an instructor who has only 2 years experience.
AOPA and GAMA suggested that the FAA accomplish its objectives
regarding single-engine and multiengine proficiency for instrument
flight instructors by means of a limitation in this proposed section,
as an alternative to the proposed separation of the instrument
instructor rating into single-engine and multiengine classes.
FAA Response: The objections of AOPA and HAI to the proposed flight
instructor duty time limitations were reviewed. The FAA agrees, and has
decided to delete the proposed wording ``or any combination of
commercial flying and flight training'' in the final rule. The FAA
acknowledges the objections of AOPA and NAFI to the existing and
proposed 200-hour, 24-month experience requirements for instructors who
train first time instructor applicants. The FAA did not propose changes
to the provisions to the existing rule; therefore, AOPA and NAFI's
recommendations are beyond the scope of this rulemaking.
Regarding SPA's comment to require 5 hours of experience as pilot
in command in a seaplane or gyroplane for instructors providing flight
training in these aircraft, the FAA did not propose
[[Page 16276]]
this change in Notice No. 95-11; therefore, the recommended change is
beyond the scope of this rulemaking. With respect to objections to the
proposed dual control requirements, the FAA points out that throwover
yokes are permitted for instrument instruction. The requirement for
instruction in an aircraft with dual flight controls is an existing
requirement in Sec. 91.109, and this rule merely incorporates that
requirement into the provisions of this section. The FAA agrees with
the commenter regarding the proposed rule's provisions that require all
training to be given from a control seat. Therefore, the FAA has
eliminated provisions from the rule that required a flight instructor
to occupy a control seat when providing flight training. The FAA has
concluded that operational requirements and accident/incident data do
not establish a sufficient safety justification for this increased
regulatory and economic burden. Regarding AOPA's comment on the
proposal to require the use of aircraft with similar flight
characteristics when providing presolo training to a pilot seeking solo
flight privileges in a single-place aircraft, the FAA has determined
that the proposed language is vague and has removed it in the final
rule. In addition, the FAA replaced the phrase ``pilot seats'' with
``pilot stations''. The FAA made this change to accommodate balloon
category aircraft, which do not have seats, and therefore make
applicable all categories and classes of aircraft. In response to AOPA
and GAMA, with respect to separate single-engine and multiengine flight
instructor instrument ratings, the FAA has withdrawn the proposal as
further discussed in section IV,D. References to all flight instructor
certificates that were proposed, but not adopted, have also been
deleted. Additionally, paragraph (j) was added in accordance with
provisions set forth in Amendment No. 61-100. Except for these changes,
and various formatting and editing changes, the final rule is adopted
as proposed.
Section 61.197 Renewal of flight instructor certificates.
In Notice No. 95-11, the FAA proposed to revise the existing
requirements of Sec. 61.197 for the renewal of flight instructor
certificates. The proposal clarified that a record of training students
used as a method of renewal should indicate that the instructor trained
at least five students, with at least 80 percent having passed a
practical test on the first attempt. The FAA also proposed to permit a
flight instructor to renew the certificate presenting a satisfactory
record as a check pilot, chief flight instructor, check airman, or
flight instructor in an operation conducted under part 121 or part 135,
or a comparable position involving the regular evaluation of pilots.
The existing rule does not include a provision permitting an instructor
to renew the certificate by presenting a satisfactory record ``in a
comparable position involving the regular evaluation of pilots,'' but
rather in ``other activity involving the regular evaluation of
pilots.'' The FAA also proposed that satisfactory completion of renewal
requirements within 90 days of the certificate expiration date would be
deemed to have been accomplished in the month of expiration.
Comments: Approximately 100 comments address the proposed
modifications to the flight instructor renewal requirements.
Approximately 75 percent of the commenters oppose the changes, though
in some cases opposition might be based on a misunderstanding of the
proposal. A number of commenters state they believe flight instructors
might lose their certificates if they are insufficiently active or fail
to endorse the requisite number of students for a practical test. Some
comments reflect the perception that flight instructor refresher
courses could be used for only two consecutive renewals. Several
commenters state that experienced flight instructors may not endorse
many students for practical tests, but nevertheless remain active
giving flight reviews, training in tailwheel or high-altitude
airplanes, and instrument competency checks. Another commenter states
that flight instructor refresher courses are not sufficient for
instructors to maintain competency, and the instructors should
demonstrate knowledge and competency to an FAA inspector or examiner
for certificate renewal.
AOPA and NAFI object to the removal of the provision that allows
flight instructors to renew their certificates by demonstrating
competence to the local FAA office. NAFI states that this option is
generally used by CFIs in an approved instructor course without a
problem. AOPA comments that it is unaware of any safety problems or
administrative burdens associated with this option, which is used by
full-time instructors at part 141 schools. An individual commenter
notes that proposed Sec. 61.197(b)(2) eliminates the regulation's
current inclusion of pilots in command of aircraft operated under part
121, stating that all but ``check airmen'' would be deleted by the
proposal's listing of air carrier-related activity that would qualify
holders of flight instructor certificates for renewal without
accomplishing a practical test. Another commenter advocates including
activity as a flight instructor at a pilot school approved under part
141.
AOPA expresses support for proposed Sec. 61.197(c), which states
that if an instructor takes any of the steps outlined in Sec. 61.197
within 90 days of a certificate's expiration date, then the renewal
requirements are considered accomplished within the month due rather
than in the month of renewal. The commenter states that the current
regulation penalized an instructor for renewing a certificate early.
FAA Response: The FAA points out that completion of a flight
instructor refresher clinic will continue to remain a valid renewal
option under this final rule, and that its completion may be used for
any number of successive renewals. In response to AOPA and NAFI's
objection to the removal of provisions that allow flight instructors to
renew by demonstrating competence to the local FSDO, the FAA notes that
it did not remove these provisions, and that they have been included in
Sec. 61.197(a)(2). This paragraph lists what must be contained in an
individual's record of instruction and establishes specific criteria
upon which certificate renewal will be based. In response to the
elimination of the term ``pilot in command'' from the proposed rule,
the FAA notes that deletion of the term ``comparable position'' from
proposed paragraph (b)(2) would continue to permit a pilot other than a
``check airman'' who is involved in the regular evaluation of pilots to
renew a flight instructor certificate under that paragraph's
provisions.
In paragraphs (a)(2)(iii) and (b) of the final rule, the FAA has
replaced the words ``expiration date'' with ``expiration month''. The
proposed change, for example, would permit a certificated flight
instructor whose certificate expired on April 30, 1997, to renew that
certificate if the person accomplished any one of the renewal options
specified in Sec. 61.197 as early as January 2, 1997. The renewal date
for the new certificate would be April 30, 1999. This change reflects
existing FAA policy. Additionally, paragraph (c) was added to permit
the practical test for a flight instructor certificate or additional
rating to be conducted in an approved flight simulator or approved
flight training device. Except for these changes, the final rule is
adopted as proposed.
[[Page 16277]]
Section 61.199 Expired flight instructor certificates and ratings.
No substantive changes were proposed in this section. No
substantive comments were received, and except for minor editorial
changes, the final rule is adopted as proposed.
Section 61.201 [Reserved.]
The FAA proposed that this section be titled ``Conversion to the
current flight instructor ratings.'' The FAA proposed that existing
Sec. 61.201 include provisions for current certificate holders to
obtain new flight instructor certificates and ratings that were
proposed in Notice No. 95-11. The proposed certificates are discussed
in sections IV,C; IV,D; and IV,F.
Comments: NAFI objects to the creation of the new flight instructor
ratings and the proposed conversion requirements for current
instructors to obtain those ratings. According to NAFI, many
instructors will be unable to meet the conversion requirements, and for
some of the ratings, few if any will qualify, effectively revoking the
majority of existing FAA flight instructor certificates. The commenter
states that the FAA has failed to show a safety problem with the
existing system of instruction. NAFI asks that all current instructors
be ``grandfathered'' into the equivalent new certificates without any
additional requirements.
AOPA also opposes not only the new flight instructor ratings, but
the proposed conversion scheme method for current flight instructor
certificates. AOPA comments that the proposed method is not a
conversion at all but rather a complete set of new requirements that
cannot be met except by a small number of instructors. The commenter
contends that a large percentage of the country's instructor
certificates are being effectively revoked by the proposal, imposing
significant economic and administrative burdens on flight instructors.
AOPA believes that the FAA has not demonstrated a safety problem with
the existing system and insists that all current flight instructors
(including commercial balloon pilots) should be granted any equivalent
new certificate without any additional experience, training, or testing
requirements. NAFI echoes the views of AOPA.
With respect to the proposed multiengine rating for instrument
flight instructors, NATA states that although it is opposed to the
proposal, all CFIIs who are also MEIs should be given the new
certificate.
An individual commenter states that the conversion of certificates
provisions proposed in Sec. 61.201 should require an ``unexpired''
flight instructor certificate as a prerequisite for conversion.
FAA Response: Upon review of the comments, as discussed in sections
IV,C; IV,D; and IV,F, the FAA has decided not to adopt any new flight
instructor ratings. Therefore, no conversion provisions are needed. The
proposed section is therefore deleted in the final rule.
The FAA notes that Amendment No. 61-100 reinstated the requirement
for ``24 hours of ground and flight training for a flight instructor
refresher clinic.'' Paragraph (a)(2)(iii) of this final rule does not
contain that requirement.
Subpart I--Ground Instructors
In Notice No. 95-11, the FAA proposed to include revised ground
instructor certificates and ratings in part 61. The FAA also proposed
establishing ground instructor certificates that were category specific
(airplane, rotorcraft, glider, lighter-than-air, and instrument). The
proposal contained eligibility requirements for ground instructor
certificate applicants, including a requirement that all applicants
read, write, speak, and understand the English language.
Comments: Most commenters oppose the category-specific ground
instructor ratings. Many commenters also oppose the English language
requirement because of its affect on deaf instructors.
FAA response: The FAA is adopting the proposal to move the ground
instructor requirements to part 61. However, the FAA is not adopting
the category-specific ground instructor certificates as discussed in
the analysis of Sec. 61.5(d). Therefore, this subpart has been
rewritten to restore the existing basic, advanced, and instrument
ground instructor ratings. The proposed sections on aeronautical
knowledge, ground instructor proficiency, ground instructor records,
additional ground instructor ratings, ground instructor endorsements
and authorizations, recency of experience for the holder of a ground
instructor certificate, and conversion to current system of ground
instructor ratings are not adopted in the final rule. Therefore, a
section-by-section analysis of those proposals is not included.
In response to commenters' concerns regarding the English language
requirements, the FAA has added language to Sec. 61.213(a)(2) providing
that if an applicant is unable to meet one of the English language
proficiency requirements for medical reasons, the Administrator may
place operating limitations on the applicant's pilot certificate that
are necessary for the safe operation of the aircraft. This change is
discussed in greater detail in section IV,G.
This subpart reflects existing requirements with editorial and
format changes to clarify the privileges and limitations of the ground
instructor ratings, and to permit a seamless integration of part 143
into part 61.
Part 141--Pilot Schools
Subpart A--General
Section 141.1 Applicability.
The proposed section contained only format revisions. No
substantive comments were received on this section; it is adopted in
the final rule with formatting changes.
Section 141.3 Certificate required.
In Notice No. 95-11, the FAA proposed minor format changes. No
substantive comments were received on this section; it is adopted in
the final rule as proposed.
Section 141.5 Requirements for a pilot school certificate.
In Notice No. 95-11, the FAA proposed to revise pilot school
quality of training requirements.
The FAA proposed to replace the existing title ``Pilot school
certificate'' with ``Requirements for a pilot school certificate.''
Proposed paragraph (a) specified that the application is to be
completed in a manner prescribed by the Administrator.
In proposed paragraph (b), the FAA clarified that an applicant for
a pilot school certificate must hold a provisional pilot school
certificate for at least 24 calendar months prior to applying for a
pilot school certificate.
The FAA proposed in paragraph (d) to modify existing pilot school
quality of training requirements, which must be met within 24 calendar
months prior to the application. The existing rule states that an
applicant must train at least 10 students for a pilot certificate or
rating, and that at least 8 of the school's 10 most recent graduates
pass the practical test the first time. The FAA proposed to require
that the applicant train and recommend 10 students, either for: (1) a
knowledge or practical test for a pilot, flight instructor, or ground
instructor certificate or rating, in which case at least 80 percent of
the applicants must have passed the test on the first attempt on a test
conducted by an FAA inspector, or an examiner who is not a school
employee; or (2) an end-of-course test for a training course specified
in appendix K to this part.
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Comments: The operator of a balloon school suggests eliminating the
requirement in proposed Sec. 141.5(d)(1) that the examiner be
independent of the school. The commenter states that the discussion of
part 141 issues indicates that the intent was to require schools that
train to a standard to have 80 percent of their students pass a
knowledge test or practical test given by an FAA inspector or
designated examiner not employed by the school. The commenter states
that there is no indication that the intention was to require students
of all schools to be examined by nonemployees of the school, but the
language of proposed Sec. 141.5(d)(1) would so require. The commenter
states that this would create a hardship on balloon schools because of
the relative scarcity of qualified, active balloon examiners. The
commenter states that the nearest independent examiner to its school is
a competitor, and the nearest FAA inspector who also is a qualified
balloon examiner is 500 miles away. Another flight school commenter
states similar objections to the same paragraph for flight schools in
general. According to the commenter, the selection process for FAA-
designated examiners, as well as the quality of training requirements
specified are an adequate check against an examiner failing to be
impartial. Flight schools and students could suffer time and cost
burdens due to difficulties in scheduling check rides.
FAA Response: Because of the size of some part 141-approved
schools, the FAA does not have sufficient personnel resources to
respond to all the demands that would be generated by this proposal. In
addition, the FAA considers designated examiners to be representatives
of the Administrator, rather than employees of a school, when they are
conducting practical tests. This does not preclude these examiners from
otherwise being employed by a school. To prevent confusion, the FAA has
deleted from paragraph (d)(i) the following language: ``a test that was
conducted by an FAA inspector or an examiner who is not an employee of
the school'', and replaced this language with ``the required test''. In
addition, the FAA reformatted this section and added the phrase ``or
any combination of those tests,'' to reflect the FAA's intent with
respect to pass rates. Except for these changes, the final rule is
adopted as proposed.
Section 141.7 Provisional pilot school certificate.
The FAA did not propose any substantive changes for this section,
nor were any substantive comments received. The final rule is adopted
as proposed.
Section 141.9 Examining authority.
No modifications were proposed for this section, nor were any
substantive comments received. Except for a minor editorial change, the
final rule is adopted as proposed.
Section 141.11 Pilot school ratings.
The FAA proposed to change this section by reorganizing the
certificate courses in the existing rule and eliminating the test
courses. No substantive comments were received. The final rule,
however, adds the corresponding appendix references to the list of
courses for clarification purposes. This section is adopted in the
final rule, with these changes.
Section 141.13 Application for issuance, amendment, or renewal.
Proposed Sec. 141.13 revised the requirement in the existing rule
that requires a pilot school to submit three copies of a training
course outline for the issuance or amendment of a pilot school
certificate or rating. The FAA believes that two copies of the training
course outline are sufficient. No substantive comments were received,
and this section is adopted in the final rule as proposed.
Section 141.15 Location of facilities.
In Notice No. 95-11, the FAA proposed more permissive language for
this section consistent with the proposed changes in Sec. 61.2. No
substantive comments were received on this proposal, and it is adopted
as proposed.
Section 141.17 Duration of certificate and examining authority.
The FAA proposed to change the title of this section and to add
paragraph (a)(5), which stated that a pilot school or provisional pilot
school certificate expires whenever ``the Administrator has determined
a school has not acted in good faith with a student to whom it has a
contractual agreement to provide training.'' The proposal also included
minor editorial and format changes.
Comments: GAMA, HAI, and NATA oppose the proposal to permit the FAA
to revoke a school's authority if the Administrator determines that the
school has not acted in good faith with a student. HAI states that the
issue of ``good faith'' is not a regulatory issue. GAMA believes that
the FAA should judge a part 141 school by the quality of its training,
the performance of its students, and its adherence to the FAR. GAMA
states that disputes between a school and a student should be left to
the legal system. NBAA recommends deleting the language concerning
``good faith,'' because it would create new problems for the FAA
involving ``contract arbitration between flying schools and disgruntled
students.'' A balloon school also expresses opposition to the ``good
faith'' language.
FAA Response: After review of the comments, the FAA has decided to
withdraw proposed paragraph (a)(5) because of the concerns expressed by
the commenters. In addition, the FAA deleted the language ``otherwise
terminated'' from proposed paragraphs (a) and (c) because the use of
the phrase is redundant.
The proposal is adopted with these changes.
Section 141.18 Carriage of narcotic drugs, marihuana, and depressant
or stimulant drugs or substances.
The FAA proposed only editorial changes to this section, and no
substantive comments were received on the proposal. After further
review, the FAA has decided to retain the language used in existing
Sec. 141.18 and not to adopt the language proposed in Notice No. 95-11.
Section 141.19 Display of certificate.
In Notice No. 95-11, the FAA proposed format revisions to this
section. No substantive comments were received on this proposal, and it
is adopted as proposed.
Section 141.21 Inspections.
The FAA proposed format changes to this section. No substantive
comments were received on this proposal, and it is adopted with a minor
editorial change.
Section 141.23 Advertising limitations.
The FAA proposed to revise this section to clarify that courses are
approved under part 141. No substantive comments were received on this
proposal. After review, the FAA has decided to delete the language
``otherwise terminated'' from paragraph (c)(2) because the use of the
phrase is redundant. The proposal is adopted with this change.
Section 141.25 Business office and operations base.
The FAA proposed only minor format changes to this section. No
substantive comments were received addressing this section, and it is
adopted as proposed.
Section 141.26 Training agreements.
Although the FAA did not propose this section in Notice No. 95-11,
the
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section was adopted in Amendment No. 61-100. It is included in this
final rule as previously adopted.
Section 141.27 Renewal of certificates and ratings.
In Notice No. 95-11, the FAA proposed revisions to the certificate
renewal requirements of Sec. 141.27.
Proposed paragraph (a)(1) eliminated the current requirement that
the renewal of a certificate must be obtained no less than 30 days
prior to the expiration of the pilot school certificate. The less
restrictive wording ``may apply ...within 30 days'' was proposed.
Proposed paragraph (a)(2) specified that renewal of a pilot school
certificate and rating is contingent on the Administrator determining
that the school meets the requirements of this part with respect to its
personnel, aircraft, facility and airport, approved training courses,
and training records, as well as the recent training activity and
training quality requirements of proposed Sec. 141.5(d). The existing
rule is more general, stating only that the Administrator has to
determine that the school meets the requirements prescribed for this
part. The requirement to meet Sec. 141.5(d) effectively modified the
school's quality of training requirements for renewal.
Proposed paragraph (a)(3) clarified that a school that does not
meet the proposed renewal requirements may apply for a provisional
pilot school certificate if the school meets the requirements of
proposed Sec. 141.7 of this part.
The FAA also proposed minor editorial and format changes to
paragraph (b).
Comments: A flight school states that the limitations inherent in
the proposed rule on the use of school-employed examiners are not
justified, and could delay checkrides at great cost to the student. The
commenter states that ``the school's POI should be allowed to continue
the best course of action concerning the certification process.''
FAA Response: The FAA acknowledges the commenter's concern, and
points out that the requirement in Sec. 141.5 that tests be conducted
by an FAA inspector or an examiner who is not an employee of the school
has been withdrawn from the final rule. The proposed rule is adopted as
proposed with minor editorial and format changes.
Subpart B--Personnel, Aircraft, and Facilities Requirements
Section 141.31 Applicability.
No substantive changes were proposed for this section, however, the
existing rule was reformatted.
Comments: A balloon school operator states that the proposed
Sec. 141.31(b)(2) language ``must have: a written lease agreement of
the...airport'' imposes a requirement to lease an airport. The
commenter states that this language should be deleted, because it is
not possible for it to lease an airport.
FAA Response: The FAA concurs with the commenter's concern and has
edited the relevant language in the final rule.
Section 141.33 Personnel.
Proposed paragraph (c) clarified that the assistant chief
instructor would be required to meet the requirements of proposed
Sec. 141.36.
Proposed paragraph (d) permitted a pilot school to designate check
instructors to conduct student stage checks, end-of-course tests, and
instructor proficiency checks, subject to specified conditions.
Comments: NATA states that the addition of language in proposed
Sec. 141.33(a)(2) appears to mandate the employment of dispatchers,
aircraft handlers, or line service personnel. NATA contends the current
language only requires that these personnel be trained ``if'' they are
employed. HAI and NBAA echo NATA's opposition to this proposed rule.
NATA also recommends that the current requirement for a part 141 school
to provide a copy of the school's safety procedures and practices be
reinstated in the new rule. Individual commenters, including a flight
school, express the same concern.
The provisions in proposed paragraph (d) for designating a check
instructor apparently confuse certain commenters who may be unsure
whether it is an optional change or a mandatory change. One commenter
asks for clarification regarding the intent, as well as whether the 50
students are to be enrolled at a given time or within the past year,
and whether the proposal means a part 141 school with fewer than 50
students enrolled cannot conduct flight instructor proficiency checks
and stage checks.
FAA Response: The FAA did not intend to mandate the employment of
the personnel listed in paragraph (a)(2), only that, if employed, they
be properly trained. The final rule modifies this language. The final
rule also includes references in paragraph (a)(1) and (a)(3) to
commercial pilots with a lighter-than-air-rating. In response to the
commenter's concerns regarding paragraph (d), the FAA notes that the
rule explicitly requires a student enrollment of at least 50 students
at the time designation is sought. The FAA has determined that 50
students is the maximum for which one chief instructor or assistant
chief instructor could reasonably provide checks, and, therefore,
permits a pilot school or provisional pilot school to designate check
instructors for conducting student stage checks, end-of-course tests,
and instructor proficiency checks.
The proposed rule is adopted with these changes and other minor
editorial changes.
Section 141.35 Chief instructor qualifications.
In Notice No. 95-11, the FAA proposed to delete the existing
requirement that a person who applies for the position of chief ground
instructor have 1 year of experience as a ground instructor at a
certificated pilot school.
No substantive comments were received on this proposal. Paragraph
(e) was added to the section in the final rule. This paragraph reflects
the existing requirement in Sec. 141.35(e), which provides that to be
eligible for designation as chief instructor for a ground school
course, a person must have at least 1 year of experience as a ground
school instructor in a certificated pilot school. The FAA believes it
is necessary for instructors to be more experienced. Except for this
change and other editing and formatting changes, the final rule is
adopted as proposed.
Section 141.36 Assistant chief instructor qualifications.
In this section, the FAA proposed to delete the existing
requirement for a person who applies as an assistant chief ground
instructor to have 1 year of experience as a ground instructor at a
certificated pilot school.
No substantive comments were received on this proposal.
Upon further review, the FAA has decided to reinstate the
requirement in existing Sec. 141.36(e). However, this requirement has
been modified to provide that to be eligible for designation as an
assistant chief instructor for a ground school course, a person must
have 6 months experience as a ground school instructor in a
certificated pilot school, as opposed to the 1-year experience
requirement in the existing rule. The proposed rule is adopted with
this change, and other minor editing and formatting changes.
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Section 141.37 Check instructor qualifications.
The FAA proposed to include the existing requirements of
Sec. 141.37, ``Airports,'' in proposed Sec. 141.38. Proposed
Sec. 141.37, ``Check instructor qualifications,'' established the
proposed qualifications required for a person to be designated as a
check instructor.
The FAA proposed to permit certain schools approved under part 141
to designate check instructors to conduct stage checks and end-of-
course tests, and instructor proficiency checks. The designated check
instructors would be required to hold appropriate flight or ground
instructor certificates.
Comments: A flight school states that the proposal is an
``excellent improvement'' that will facilitate completion of stage
checks and end-of-course tests for large flight schools and reduce
costs by not requiring assistant chief instructors to travel to FSDOs
for testing and approval. The commenter also states it will reduce the
workload of annual standardization for chief instructors of large
flight schools.
Another commenter requests deletion of the proposed requirement
under Sec. 141.37(a)(2)(iii) that a check instructor hold a second-
class medical certificate. A flight school commenter questions why only
a chief instructor, and not a assistant chief instructor, can give the
required proficiency test proposed in paragraph (a)(2)(vi).
FAA Response: References to medical certificate requirements in
this section have been deleted from the final rule. For further
discussion, see the analysis of Sec. 61.23. After further review, the
FAA has decided to permit the assistant chief to give a proficiency
test. The assistant chief instructor was included as an individual able
to give proficiency tests because, the FAA has determined that an
assistant chief instructor has the qualifications necessary to give
proficiency tests to check instructors. The final rule reflects this
change.
Section 141.38 Airports.
The FAA proposed to include the requirements of the existing
Sec. 141.37 in this section. The proposed section also revised the
existing rule by permitting pilot schools at airports used for night
training flight in seaplanes to use adequate nonpermanent lighting or
shoreline lighting approved by the Administrator. The FAA believes that
the existing regulation for permanent lighting at all airports used by
a pilot school for night training is not necessary at an airport or
seaplane base used for night training flight. Adequate nonpermanent
lighting or shoreline lighting is available for night seaplane takeoff
and landing operations.
No substantive comments were received. Except for the addition of
the word ``seaplane base'' in the provisions for seaplane training in
the final rule and other editorial changes, the final rule is adopted
as proposed.
Section 141.39 Aircraft.
In Notice No. 95-11, the FAA proposed to expand aircraft
maintenance requirements and reformat this section.
Proposed paragraph (a)(2) revised the airworthiness certificate
requirement. The existing rule requires a standard airworthiness
certificate, except for aircraft used for flight instruction and solo
flights in a course of training for agricultural aircraft operations,
external load operations, and similar aerial work operations. The
revised language was more general and required either a standard or
primary airworthiness certificate, unless the Administrator determined
that, due to the nature of the approved course, an aircraft without
such a certificate may be used.
Proposed paragraph (a)(3)(i) stated that aircraft used by a pilot
school certificate or a provisional pilot school certificate holder be
maintained in accordance with subpart E of part 91. In proposed
paragraph (a)(3)(ii), a new requirement was proposed. The school's
aircraft were required to be maintained under an inspection program for
each airframe, aircraft engine, propeller, appliance, and component
part maintained. The details of the required inspection program were
listed in proposed paragraph (b).
Proposed paragraph (a)(4) retained the existing requirement that
aircraft used in flight training must be at least two-place aircraft
with engine-power controls and flight controls easily reached and
operated from both pilot stations.
Proposed paragraph (a)(5) required that the school's aircraft used
for the demonstration of instrument skills be equipped and maintained
for IFR operations.
Comments: NATA suggests deleting the new maintenance requirements
for an ``inspection program'' contained in proposed Sec. 141.39(a)(3)
and (b). The commenter states that singling out part 141 aircraft is
discriminatory and without safety benefits. NATA contends that this
proposal would increase the cost of training at part 141 schools and
may force many students to switch to part 61 training. HAI and NBAA
voice similar concerns over this proposed rule.
GAMA also comments on proposed Sec. 141.39 and states that it does
not provide part 141 schools with the option of maintaining and
inspecting their aircraft to part 91 standards. GAMA believes that part
91 maintenance requirements and inspections are adequate for this
segment of the training industry. The commenter contends that the
proposal would provide little benefit but would place a heavy financial
burden on an important segment of the aviation industry.
An individual commenter states that the revised maintenance
requirements would constitute a hardship for smaller schools; both the
progressive inspection system and the system of 100-hour/annual
inspections work well, the commenter states.
HAI and NBAA express concern about proposed Sec. 141.39(a)(5),
which requires that a school's aircraft used for the demonstration of
instrument skills be equipped and maintained for IFR operations. NBAA
states that most light helicopters used in instrument training, such as
the Robinson R-22, are not certificated or economically capable of
being certificated for IFR operations. These commenters suggest that
the proposal be modified to ensure that the rule does not impact
instrument training under VMC. Specifically, the commenters propose
adding the following language: ``However, for instruction in the
control and precision maneuvering of an aircraft by reference to
instruments, the aircraft may be equipped as provided in the approved
course of training. Aircraft not certified for IFR operations may be
used for instrument training provided the flight is conducted under
VMC.'' Individual commenters joined in HAI's concerns.
Several commenters reference the proposed and existing requirement
for access from either pilot station to engine and flight controls.
These commenters state that balloons do not have such controls, and
that requiring easy access to flight controls prevents instruction in
aircraft with throwover yokes, such as the Beechcraft Bonanza.
FAA Response: Commenters' concerns over the proposed inspection
program were noted. Upon reviewing the issue, the FAA has decided not
to adopt the proposal in the final rule. The inspection program was not
proposed for other operations that engage in similar types of training
under part 61, and would have increased costs with no commensurate
safety benefit. The FAA has determined that compliance with subpart E
of part 91 ensures an adequate level of safety. Furthermore, the
proposal placed part 141 schools at an
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unwarranted economic disadvantage. The concerns of HAI, NBAA, and
others, regarding aircraft used for instrument training, also were
considered. In response, the FAA has modified the requirement to apply
only to aircraft used in a course involving IFR en route operations and
instrument approaches. In response to comments on the required
accessibility of flight controls, the words ``flight controls'' have
been deleted to accommodate throwover yokes. The reference to ``two-
place aircraft'' has been changed to ``two-pilot stations'' to include
training in balloons. References to the proposed term ``supervised
pilot in command'' have been replaced by ``solo'' as discussed in the
analysis of Sec. 61.1. The FAA also renumbered this section in the
final rule.
The rule is adopted with these changes.
Section 141.41 Flight simulators, flight training devices, and
training aids.
In Notice No. 95-11, the FAA proposed to change the title of the
existing Sec. 141.41, ``Ground trainers and training aids,'' to
``Flight training devices and training aids.'' The proposed section
included no substantive changes.
Comments: A flight school refers to the proposed regulation on
flight training devices as ``superfluous,'' stating that it leads to
confusion. According to the commenter, flight training devices are well
defined in ACs 120-40 and 120-45, as amended. The commenter states that
referencing flight training devices in this section puts the FSDO at
odds with the national simulator program. Another flight school states
that the FAA is not doing enough to increase the use of flight training
devices and simulators. The commenter proposes multiple levels of
simulators and flight training devices, depending on the task being
simulated.
FAA Response: The FAA recently published Amendment No. 61-100. The
FAA has revised the title of this section to include flight simulators
and revised the section to conform with the definitions of ``flight
simulator'' and ``flight training device'' as set forth in that rule.
The proposed rule is adopted with these changes. Those flight training
devices previously approved under the provisions of this section may
continue to be used, provided that they continue to meet the design
criteria and functional requirements for which they were originally
approved.
Section 141.43 Pilot briefing areas.
The FAA proposed formatting modifications for this section.
Comments: A balloon school operator objects to the wording in
proposed paragraph (a) requiring ``use of a briefing area located at
each airport,'' because balloon schools and some other types of flight
schools may be located at an area other than an airport, or there may
be off-airport briefing areas. The commenter requests that balloon
schools be excluded from the requirement.
FAA Response: The FAA notes that the commenter refers to an
existing requirement. The FAA did not propose to change this
requirement, therefore any change would be beyond the scope of this
rulemaking. The final rule is adopted as proposed.
Section 141.45 Ground training facilities.
Format modifications were proposed for this section. No substantive
comments were received, and the final rule is adopted as proposed.
Subpart C--Training Course Outline and Curriculum
Section 141.51 Applicability.
No modifications were proposed for this section, and it is adopted
as proposed.
Section 141.53 Approval procedures for a training course: General.
In Notice No. 95-11, the FAA proposed to change the title of this
section. The proposal also required that two copies of each training
course outline be submitted to the FAA instead of the three copies
required under the existing rule. In addition, the proposal required
that, commencing 1 year after the effective date of the rule, an
applicant for a pilot school certificate or provisional pilot school
certificate would only request approval for the new training courses.
The FAA also proposed formatting changes to this section.
No substantive comments were received on this proposal. After
further review, the FAA modified the proposal to delete proposed
paragraph (c) and replace it with a provision that provides that a
training course submitted for approval prior to the effective date of
the rule shall, if approved, retain that approval for 1 year. The new
provision further provides that an applicant for a pilot school
certificate or provisional pilot school certificate may request
approval of the training courses listed in 141.11(b). The FAA
implemented this change in order to provide adequate time for existing
part 141 schools, and schools that are in the process of obtaining
approval, to add the new courses to and modify their school
certificate.
The proposed rule was adopted with these changes.
Section 141.55 Training course: Contents.
In Notice No. 95-11, the FAA proposed to change the title of this
section. In addition, the FAA proposed to permit pilot schools to seek
approval of training courses that train to a performance standard and
to modify a pilot school's quality of training requirements.
Section 141.55 (a), (b), and (c)
The FAA proposed formatting and editorial changes to these
sections. No substantive comments were received on these changes.
Section 141.55(d)
The FAA proposed that, to apply for initial approval of a course
that trains students to a standard, the school would be required to
meet the following requirements: (1) hold a pilot school certificate
and have held that certificate for at least the prior 24 calendar
months; and (2) have an FAA inspector or designated examiner who is not
an employee of the school give the practical test or knowledge test.
Under the proposal, a school could not request approval for a period
longer than 24 calendar months. In addition, the proposal required
pilot schools to specify planned ground and flight training time
requirements for these courses.
Comments: NATA strongly supports the FAA initiative of ``training
to a standard'' in part 141. NATA, however, finds that the standards
needed to meet the minimum-hour waiver vary in each local FSDO. The
commenter feels that this creates unfair discrimination; therefore,
NATA recommends that these standards be regulated and approved on a
national level but maintained on a local level. GAMA also states that
schools training to a standard should not be regulated by a local FSDO
because it leads to a situation where one large part 141 school with
multiple locations is regulated by several FSDOs, all with different
requirements and interpretations of the regulations. GAMA also suggests
regulating these schools at the national level with one FSDO appointed
as ``lead'' for all locations. According to GAMA, a nationally
standardized program would be much more beneficial to students and the
training industry, and such a program would continue to provide a
strong level of safety.
[[Page 16282]]
HAI expresses concerns about the requirements of proposed
Sec. 141.55(d). The commenter states that a small flight school may not
have 10 students complete the course in the 24-month period, and
therefore the school will be unable to have an approved course with
less than the part 61 requirements. HAI suggests adding language to
permit a school to petition the Administrator for provisional
continuance for an additional 24-month period in order to allow a small
school to remain competitive with a larger school.
FAA Response: In implementing this proposal, the FAA intends to
monitor the approval process to ensure that a uniform national standard
is maintained. FAA has added language to paragraph (d)(3) to clarify
that a school may not hold examining authority for a training course
conducted under this paragraph. Regarding HAI's concerns, if a school
is unable to meet the training activity requirements of part 141 it
would not be allowed to hold a pilot school certificate. Therefore, the
rule is adopted as proposed.
Section 141.55(e)
Under the proposal, a school that received initial approval could
receive final approval if the school had held initial approval for at
least 24 calendar months and had trained at least 10 students for a
pilot, flight instructor, or ground instructor certificate or rating,
and at least 80 percent of those students passed the knowledge test or
practical test on the first attempt. The test must have been conducted
by an FAA inspector, or by a designated examiner who is not an employee
of the school. Pilot schools also would be required to specify planned
ground and flight training time requirements for the courses.
Comments: A pilot school comments that it is unclear whether
paragraphs (d) and (e) require a practical test or a knowledge test to
be administered by an FAA inspector, or an examiner who is not an
employee of the school, for each applicant or at least 10 students in
each course of training. The school recommends that the FAA inspector
be required to administer the minimum number of tests necessary.
FAA Response: The FAA has added language to paragraph (e)(4) to
clarify that a school may not hold examining authority for a training
course conducted under this paragraph because the FAA's philosophy has
been to maintain a system of checks and balances to ensure that the
schools providing training do not have a conflict of interest with
respect to the administering of the practical test. Therefore, in
response to the commenter's question, all students must be examined by
an FAA inspector or an examiner who is not an employee of the school.
The FAA deleted proposed paragraph (f) from the final rule because,
after further review, the FAA has determined that this paragraph is
unnecessary. The proposal is adopted with the changes discussed above,
and other minor editorial changes.
Section 141.57 Special curricula.
No substantive changes were proposed for this section, and it is
adopted with a minor editorial change.
Subpart D--Examining Authority
Section 141.61 Applicability.
In Notice No. 95-11, the FAA proposed format modifications to this
section. No substantive comments were received on the proposal. Upon
further review, the FAA has decided to retain the format of existing
Sec. 141.61.
Section 141.63 Examining authority qualification requirements.
In Notice No. 95-11, the FAA proposed to change the title of this
section. The proposal also deleted the requirement that a specific
number of graduates pass interim tests for the school to retain
examining authority. The FAA proposed to modify the quality-of-training
requirements for a pilot school with examining authority. The proposal
required 90 percent of the graduates of a flight course, in which the
school desires to obtain or retain examining authority, to pass a test
on the first attempt, given by an FAA inspector or by a designated
examiner who is not an employee of the school. In addition, the
proposal specified that pilot schools would not receive examining
authority for training courses that train to a performance standard.
Comments: GAMA and NATA oppose the proposal preventing schools that
train to a standard from possessing examining authority. NATA states
that the FAA has sufficient expertise and manpower to ensure oversight
of these schools. GAMA notes that the FAA has granted examining
authority to a number of schools that hold exemptions to train to a
performance standard. GAMA suggests that Sec. 141.63(b)(3) be modified
to permit schools that train to a standard to use examining authority
or include language ``grandfathering'' schools with current examining
authority. A number of pilot schools and individual commenters join in
objecting to the prohibition on examining authority for schools that
train to a standard. Jeppesen-Sanderson also opposes this provision.
The FAA has met with Jeppesen-Sanderson to obtain clarification of its
position on this issue and other issues addressed in its comment.
One pilot school supports eliminating the interim check requirement
for retention of examining authority.
FAA Response: After reviewing the comments, the FAA continues to
believe that it is important to prohibit pilot schools that train to
standard from possessing examining authority. Permitting these schools
to have examining authority would not provide an adequate system of
checks and balances. The proposal is adopted with minor editorial
changes.
Section 141.65 Privileges.
The FAA proposed to permit a pilot school with examining authority
to recommend graduates for all pilot, flight instructor, and ground
instructor certificates. The proposal eliminated the restriction on
examiners from performing practical tests for the flight instructor
certificate, ATP certificate, and turbojet type ratings.
No substantive comments were received on this proposal. The
proposal is adopted with minor editorial changes to delete those
provisions also contained in Sec. 141.67.
Section 141.67 Limitations and reports.
Section 141.67 (a), (b), (c), and (d)
The FAA proposed to delete the current requirement for a student at
a pilot school with examining authority to complete all of the training
course at the same school. The proposal permitted up to one-half of a
student's credits to be transferred from another pilot school. The
amount of credits that could be transferred would be based on the
student's performance on a test given by the receiving pilot school.
Comments: A pilot school expresses agreement with the proposal
based on the assumption that the school from which the student is
transferring has examining authority. The school comments that a
student could do all of the instrument training at one school, transfer
to another school, take a final stage check and graduate from the
commercial course of the second school, and never be tested according
to the PTS on instrument flight skills.
FAA Response: After review of the proposed rule, the FAA has
changed the references in paragraphs (d)(1) and (d)(2) from ``knowledge
test'' to ``test'' to make the language consistent with the
introductory language of paragraph (d).
[[Page 16283]]
Section 141.67(e)
The FAA proposed to revise the recordkeeping requirements of this
section. The proposal required pilot schools with examining authority
to maintain a record of all temporary airmen certificates it issues
with a chronological listing of specific information. In addition, the
school would be required to maintain a photocopy record containing each
student's: (1) Graduation certificate; (2) airman application; (3)
temporary airman certificate; (4) superseded airman certificate, if
applicable; and (5) knowledge test and practical test results. The
proposal also required that the school make the proposed record of all
temporary airman certificates available to the Administrator upon
request and to surrender the proposed record of all temporary airman
certificates to the Administrator on expiration of each school's
examining authority.
Upon further review, the FAA determined that a time limit for
maintaining the records required by paragraph (e) should be added to
the rule. Paragraph (e) is modified in the final rule to require that
these records be maintained for 1 year. This is current FAA policy
under Order No. 8700.1, ``General Aviation Operations Inspector's
Handbook.''
Section 141.67(f)
The FAA proposed to require pilot schools with examining authority
to submit each graduate's application for an airman certificate within
7 days after the graduate passes the required knowledge test or
practical test.
Comments: A pilot school states that it may not always be possible
to meet the 7-day requirement because a student may take the practical
test without meeting all graduation requirements, for example, ground
school may not be completed. The school believes that the requirement
would place an undue hardship on the school and the student since all
students would be attempting to take the final practical test at the
same time.
FAA Response: Upon further review, the FAA has decided to delete
the 7-day requirement from the final rule. The FAA notes that the
schools should submit the required documents to the FAA in a timely
fashion. The FAA also has retained the existing requirement for a
school to submit a graduate's training record. In the final rule, the
FAA added the training record to the list of documents that must be
submitted after a student passes the knowledge test or practical test.
The proposal is adopted with minor editorial changes.
Subpart E--Operating Rules
Section 141.71 Applicability.
No modifications were proposed for this section, and it is adopted
as proposed.
Section 141.73 Privileges.
In Notice No. 95-11, the FAA proposed minor formatting and editing
changes to this section.
The only substantive comments on this section concern the issue of
examining authority for schools that train to a standard. These
comments were addressed in the discussion of Sec. 141.63. The proposal
is adopted without change.
Section 141.75 Aircraft requirements.
In Notice No. 95-11, the FAA added the proposed test pilot and
special operations courses to the list of courses for which an aircraft
certificated in the restricted category may be used. The proposal also
permitted the use of aircraft with a primary airworthiness certificate.
No substantive comments were received on this proposal. In the
final rule, the term ``solo'' is substituted for the term ``supervised
pilot in command'' for reasons discussed in the analysis of Sec. 61.1.
The proposed rule is adopted with this change and other minor editorial
changes.
Section 141.77 Limitations.
In Notice No. 95-11, the existing reference to ``flight check or
written test, or both'' was replaced with the phrase ``proficiency test
or knowledge test or both''. The tests could include a flight check, a
review of the student's aeronautical knowledge, or both. The FAA also
proposed minor editing and formatting changes to existing provisions
for the transfer of credits from one part 141-approved school to
another part 141-approved school.
Comments: HAI comments on proposed Sec. 141.77(c) regarding the
transfer of credits. The commenter recommends retaining current rule
language and states that 100 percent of a student's credits should
transfer from one part 141 school to another. If the student is
transferring from a school not certificated under part 141, then 50
percent of the credits should transfer.
The operator of a balloon school and repair station states that
proposed Sec. 141.77(c)(2), which provided that only previous training
from a part 141-approved school could be credited in a transfer to a
new school, would be a disincentive to students.
FAA Response: The FAA acknowledges the concerns of HAI and other
commenters. The FAA notes that the provisions for the transfer of
credits set forth in the proposed rule restate the existing
requirements. However, in response to these concerns, the final rule
includes a provision to allow for up to 25 percent credit for pilot
experience and knowledge that was not obtained in a part 141-approved
training course. The proposal is adopted with this change, and other
minor editing and formatting changes.
Section 141.79 Flight training.
In Notice No. 95-11, the FAA proposed revisions to the instructor
proficiency requirements of this section.
Proposed paragraph (c) required the assistant chief instructors, in
addition to the chief instructor, to complete at least once every 12
calendar months, an approved syllabus of training consisting of ground
training or flight training, or both, or an approved flight instructor
refresher course.
Proposed paragraph (d) revised the flight and proficiency checks
required of flight instructors.
Proposed paragraph (e) replaced the phrase ``designated chief
instructor or his assistant'' with the language ``chief instructor,
assistant chief instructor, or check instructor''. This change
permitted the assistant chief instructor or check instructor, in
addition to the chief instructor, to administer proficiency checks to a
school's instructors.
Comments: HAI opposes the requirement in proposed Sec. 141.79 that
both the chief and assistant chief flight instructors must attend
refresher training. HAI recommends retaining the current requirement
that only the chief instructor must attend such training. The commenter
also recommends the addition of the wording ``or an equivalent level of
training acceptable to the Administrator,'' to allow schools to conduct
their own approved refresher training for all instructors.
FAA Response: The final rule includes references to commercial
pilots with a lighter-than-air rating in paragraphs (a), (b), and (d).
With regard to HAI's comment, the rule does not require the chief or
assistant chief flight instructors to attend a commercially sponsored
refresher training course. It has always been the FAA's position that
schools could develop their own refresher training for chief
instructors or assistant chief flight instructors. These courses may be
submitted to the FAA for approval. Regarding the proposal for the
assistant chief instructor to receive annual training, the FAA believes
that in light of the responsibilities and duties of the assistant chief
instructor it is
[[Page 16284]]
necessary to require that person to maintain currency and proper
qualification.
The proposed rule is adopted with these changes, and editing and
formatting changes.
Section 141.81 Ground training.
The FAA proposed minor editorial and format changes to this
section. The proposal also replaced the phrase ``designated chief
instructor or his assistant'' with ``chief instructor'', ``assistant
chief instructor'', or ``check instructor'', as appropriate.
No substantive comments were received on this section. The final
rule includes references to commercial pilots with a lighter-than-air
rating in paragraph (a). The proposed rule is adopted with this change.
Section 141.83 Quality of training.
The FAA proposed to reformat and revise the language of this
section. The proposal also modified the quality of training
requirements. Each pilot school or provisional pilot school was
required to provide training that meets the requirements of
Sec. 141.5(d).
No substantive comments were received on this proposal, and it is
adopted as proposed with minor editorial changes.
Section 141.85 Chief instructor responsibilities.
The FAA proposed to revise this section to clarify that the chief
instructor serves in a supervisory role at a pilot school. The proposal
replaced the existing requirements for the chief instructor to
``conduct'' checks and tests with language providing that the chief
instructor is to ``ensure'' these checks and tests are accomplished. In
addition, the FAA proposed paragraph (c) to permit the chief instructor
to delegate authority for conducting stage checks, end-of-course tests,
and flight instructor proficiency checks to the assistant chief
instructor or a check instructor.
No substantive comments were received on this section. In paragraph
(a)(2) of the final rule, the FAA replaced the term ``instructor'' with
``certificated flight instructor, certificated ground instructor, and
commercial pilot with a lighter-than-air rating''. The final rule is
adopted with this change and other minor editorial changes.
Section 141.87 Change of chief instructor.
The FAA proposed to revise this section to allow the assistant
chief instructor to act in the capacity of the chief instructor for 60
days while awaiting the designation and approval of another chief
instructor. The proposal permitted the assistant chief instructor or
check instructor to perform stage checks and end-of-course tests during
this time. Proposed paragraph (d) required a school to cease operations
after 60 days if a new chief instructor has not been designated and
approved. Proposed paragraph (e) set forth the provisions for
reinstatement of the school's certificate.
No substantive comments were received on this section, and it is
adopted as proposed with minor editorial changes.
Section 141.89 Maintenance of personnel, facilities, and equipment.
In Notice No. 95-11, the FAA proposed editorial modifications to
this section. The FAA also added references to assistant chief
instructor and check instructors to proposed paragraph (b).
No substantive comments were received on this section, and it is
adopted as proposed with a minor editorial change.
Section 141.91 Satellite bases.
The FAA proposed minor editorial changes for this section. No
substantive comments were received on this proposal, and it is adopted
as proposed with minor editorial changes.
Section 141.93 Enrollment.
In this section, the FAA proposed to eliminate the requirement for
a pilot school to send a copy of each enrollment certificate to the
local FAA FSDO. However, the proposal required a school to maintain a
monthly listing of persons enrolled in each course at the school.
Comments: NATA opposes the proposed rule's deletion of the prior
requirement to furnish students with a copy of its safety procedures
and practices, including items as specified in the existing
Sec. 141.93(a)(3).
FAA Response: The FAA inadvertently omitted existing paragraph
(a)(3). This requirement is retained in the final rule. The proposed
rule is adopted with this change.
Section 141.95 Graduation certificate.
Minor editorial modifications were proposed for this section.
Comments: A balloon school states that the requirement in proposed
Sec. 141.95(b)(7) that graduation certificates contain ``a statement
showing the cross-country training the student received'' does not make
sense, especially for balloon training, because virtually all training
entails cross-country flight. The commenter states that the requirement
should be deleted, because this information is already recorded in the
school records and the student's logbook.
FAA Response: The commenter's concerns are noted; however, the
disputed language is a continuation of an existing requirement. Except
for minor editing changes, the final rule is adopted as proposed.
Subpart F--Records
Section 141.101 Training records.
The FAA proposed to reformat this section. No substantive comments
were received, and, except for minor formatting and editing changes,
the final rule is adopted as proposed.
Appendix A--Recreational Pilot Certification Course
In this appendix, the FAA proposed to establish criteria for a
certification course for recreational pilot certificates. This addition
was intended to encourage further general aviation training activity.
The course in existing appendix A, ``Private Pilot Certificate Course
(Airplanes),'' was moved to proposed appendix B. Under the proposal, a
person was also required to hold a student pilot certificate prior to
enrolling in the flight portion of the recreational pilot certification
course.
The proposed course required a minimum of 20 hours of ground
training on the same aeronautical knowledge areas that were proposed in
part 61 for a recreational pilot certificate. The proposed course
consisted of a minimum of 30 hours of flight training, including 15
hours of training from an authorized flight instructor and 3 hours of
supervised pilot in command training. The proposal set forth specific
areas of operation for each aircraft category and class rating.
The proposed course was designed to allow schools flexibility in
developing their recreational pilot certification course with the
individual student in mind. For example, a student who had previous
aviation experience and proved particularly competent may be able to
complete training for a recreational private pilot certificate with
only the minimum 30 hours of flight training time, including the
required 15 hours of flight training time from an authorized flight
instructor and 3 hours of supervised pilot in command flight time.
However, a student pilot who did not have previous aviation experience
or who trained infrequently may need more time than the minimum
specified hours of flight training time. The student pilot and flight
instructor may need to tailor the training to include 27 hours of
flight training time from an
[[Page 16285]]
authorized flight instructor and 3 hours of supervised pilot in command
flight time, or some combination of those hours.
The FAA decided not to specify the maximum time that could be
credited for stage checks and end-of-course tests for the approved
training course requirements. The FAA believed that the individual
school, along with the local FAA FSDO, were better able to determine
how much time should be permitted for stage checks and end-of-course
tests for each syllabus. After receiving course approval, the FAA and
the school would continue to monitor the average length of time that it
takes to conduct a specific stage check or end-of-course test, and
would be prepared to modify the syllabus when needed.
Comments: EAA and NAFI support the addition of a recreational pilot
certification course to part 141.
FAA Response: In the final rule, references to the proposed term
``supervised pilot in command'' are replaced with the term ``solo'' for
the reasons discussed in the analysis of proposed Sec. 61.1. The
proposed term ``authorized flight instructor'' is replaced with the
term ``certificated flight instructor'' to indicate that only
instructors certificated under part 61 may provide the training
specified in this section. Proposed paragraph (b) of section No. 2,
which required that a signed and dated statement be affixed to the
application for a recreational pilot certificate certifying that no
known medical defect exists that would make the pilot unable to pilot
an aircraft, is deleted from the final rule. As discussed in section
IV, A of this preamble, Sec. 61.23 of the final rule includes medical
certificate requirements for student pilots who seek recreational pilot
certificates.
Appendix B--Private Pilot Certification Course
The FAA proposed criteria for a certification course for a private
pilot certificate for each aircraft category and class rating. The
course in existing appendix B, ``Private Test Course (Airplanes),'' was
eliminated.
Proposed appendix B included courses found in existing appendixes A
and F. Proposed appendix B reflected the proposals in part 61 to
establish a powered-lift category rating, and to establish separate
class ratings for powered gliders and nonpowered gliders.
The FAA proposed to require that a person who desired to enroll in
the flight portion of a course hold: (1) a student pilot certificate,
and (2) a third-class medical certificate, or in the case of course of
training for a glider or balloon rating, had a signed and dated
application that the person had no known medical defects that made that
person unable to pilot a glider or a balloon.
The proposed minimum ground training requirements consisted of the
same aeronautical knowledge areas as proposed in part 61 for a private
pilot certificate. The proposal set forth specific flight training
requirements for each aircraft category and class rating. The proposed
flight training requirements consisted of the same approved areas of
operation proposed in part 61 for a private pilot certificate. The
proposal included reductions in solo flight training time, but
preserved the minimum total time requirements in the existing rule. As
discussed in the analysis of appendix A, the proposed course was
designed to allow schools flexibility in developing course requirements
with the individual student in mind, the FAA proposed to permit each
school to tailor the course requirements around the student's needs.
Existing appendix A requires an applicant for a private pilot
certificate with an airplane category rating to perform five takeoffs
and five landings at night, as the sole manipulator of the controls.
The FAA proposed to require an applicant for a private pilot
certificate with an airplane, rotorcraft, or powered-lift category
rating to receive at least 3 hours of night flight training, including
one cross-country flight, and to perform 10 takeoffs and 10 landings at
night. The proposal included the provisions of proposed Sec. 61.110 of
this chapter that exempt certain applicants from the night flying
certification requirements.
The proposal also required private pilot applicants for an
airplane, powered-lift, and airship rating to complete at least 3 hours
of instrument training in the same category and class of aircraft for
which the rating is sought.
As noted in appendix B, the FAA decided not to specify the maximum
time that could be credited for stage checks and end-of-course tests.
Comments: NATA states that there is no safety evidence to support
the requirement in proposed paragraph (2)(a) that a person have a
student pilot certificate before enrolling in a part 141 private pilot
certification course. The commenter believes that the current
requirement to obtain the certificate prior to a student's first solo
is adequate. NATA also opposes the reduction in allowable flight
training device credit to 10 percent of the total flight training hour
requirements. NATA recommends permitting a maximum of 5 flight hours or
15 percent of the approved private pilot course total-hour requirement
to be credited, whichever is less.
HAI expresses concern that the proposed supervised pilot in command
provisions require students to perform maneuvers involving emergency
procedures. A flight school states that the 5-hour minimum supervised
pilot in command requirement is inadequate for airplane single-engine
and multiengine courses. The commenter suggests 7 hours, with at least
two cross-country flights to different locations, and landings at three
airports for each cross-country flight. Several flight schools and
individual commenters express similar concerns regarding the reduced
solo and cross-country time requirements. One flight school recommends
at least 10 hours of solo time. Another flight school commenter opposes
the proposed requirement for 3 hours of instrument training, stating
that this is an especially heavy burden on part 141 schools
transitioning students to instrument training immediately upon
completion of the private pilot curriculum. This commenter requests
permitting part 141 students to complete the requirement in simulators.
Jeppesen expresses concern regarding the overall principle of
class-specific training in appendixes B through J. The commenter is
concerned that the new system removes any remaining flexibility in part
141 regarding aircraft usage, effectively requiring flight schools, for
economic reasons, to offer their courses as either all single-engine
courses or all multiengine courses. According to the commenter, this
could place part 141 schools at a disadvantage compared to part 61
schools, which retain greater flexibility.
A balloon school objects to the term ``balloonport'' in proposed
paragraph (4)(c)(9) because it is not a standardized term, and is a
proprietary name for a balloon dealership. The term ``Airport and
balloon launch site operations'' is suggested.
FAA Response: In response to NATA's comment regarding the
requirement that an individual hold a student pilot certificate before
enrolling in a part 141 private pilot certification course, the FAA has
determined that this requirement is not unduly burdensome. Under
Sec. 61.23, a student pilot is required to obtain a third-class medical
certificate once he or she conducts solo flight in an aircraft other
than a glider or a balloon.
The objections of some commenters to the reduction in solo flight
time required were considered, but the FAA has determined that safety
will not be
[[Page 16286]]
compromised by a reduction in solo flight time because the total number
of hours remains unchanged. The FAA also notes that schools will have
more discretion in determining how best to use required training time.
In the final rule, the FAA deleted any requirement for solo flight
training in a multiengine aircraft. The final rule requires a student
to perform the functions of a pilot in command while under the
supervision of a certificated flight instructor. A flight instructor
may therefore accompany a student on board the aircraft during this
flight time. The FAA notes that solo time in a multiengine aircraft may
be impractical due to liability insurance concerns.
The helicopter and gyroplane solo cross-country provision is
clarified to require that at least one segment of the flight include a
straight-line distance of at least 25 nautical miles between the
takeoff location and landing location.
In response to HAI's comment regarding the performance of emergency
maneuvers without an instructor on board the aircraft, the FAA notes
that other training maneuvers, such as stalls and slow flight, are
routinely performed in solo flight by pilot applicants that, when
improperly performed, may result in situations that adversely affect
the safety of the flight. The FAA contends that these maneuvers, when
properly performed, pose no adverse risks to the safety of the flight.
Flight instructors should ensure that emergency maneuvers, like other
maneuvers, are only performed in solo flight after an instructor
determines that such maneuvers may be safely performed by the applicant
and under any restrictions that the flight instructor may establish to
ensure the safety of the flight.
The FAA has deleted from the final rule the exception to the night
training requirement because the exception applies to the individual
airman rather than to the course. The FAA also has removed medical
certificate requirements from this appendix because these requirements
are addressed in Sec. 61.23.
Proposed provisions for separate powered and nonpowered classes
within the glider category requirements are consolidated under a single
set of requirements for the glider category for reasons discussed in
section IV,F.
In the final rule, the FAA has decreased the ascent training
requirements from 5,000 feet above the surface to 3,000 feet above the
launch site for gas balloons, and from 3,000 feet above the surface to
2,000 feet above the launch site for balloons with airborne heaters.
After further review, the FAA has determined that the proposed ascent
training procedures exceeded normally accepted industry practices.
Additionally, the FAA deleted solo flight requirements for a rating in
a gas balloon and an airship. In the final rule, the student is not
required to meet any solo flight training requirements, and must
perform the duties of pilot in command while under the supervision of a
commercial pilot with the appropriate lighter-than-air rating. This
change was adopted because insurance companies would not permit solo
flights in gas balloons or airships by student pilots.
In response to concerns about the use of the word ``balloonport,''
that term has been deleted from the final rule. The FAA determined that
``balloonport'' is not a commonly used term, and has replaced it with
the term ``airport''.
The FAA has modified the appendix to conform with the definitions
of ``flight simulator'' and ``flight training device'' set forth in
Amendment No. 61-100. In response to the objections concerning credit
for flight simulator and flight training device time, the maximum
possible credit for flight simulators that meet the requirements of
Sec. 141.41(a) is 15 percent in the final rule. The maximum possible
credit for flight training devices that meet the requirements of
Sec. 141.41(b) is 7.5 percent in the final rule. These changes correct
an inadvertent reduction in the time that could be credited for
training received in a flight simulator or flight training device when
the FAA changed the basis on which flight time could be credited form
hours to a percentage of the flight training time. The FAA also notes
that training received in a flight simulator or flight training device
may not be used to satisfy more than 15 percent of the flight training
requirements in the final rule.
In the final rule, references to the proposed term ``supervised
pilot in command'' are replaced with the term ``solo'', where
appropriate, for the reasons discussed in the analysis of Sec. 61.1.
The proposed term ``authorized instructor'' is replaced with
``certificated flight instructor or commercial pilot with a lighter-
than-air rating'', as appropriate, because the term ``authorized
instructor,'' while applicable to part 61, is too broad a term for use
in part 141.
With regard to Jeppesen's concerns about class-specific training,
the FAA notes that part 141 schools will not be placed at a
disadvantage because training conducted under part 61 is also class
specific.
The rule is adopted with these changes.
Appendix C--Instrument Rating Course
The FAA proposed criteria for an instrument rating course. The
proposed appendix included courses found in existing appendixes C, F,
and H, as well as courses for the proposed powered-lift, airship,
airplane single-engine, and airplane multiengine instrument ratings.
To enroll in the flight portion of the course, the FAA proposed
that a student hold: (1) a private pilot certificate with an aircraft
category and class rating appropriate to the instrument rating for
which the course applies, and (2) at least a third-class medical
certificate.
The proposed ground training provisions included the same
aeronautical knowledge areas as proposed in part 61 for an instrument
rating, including windshear avoidance, and aeronautical decision making
and judgment. The proposal retained the existing requirement for 30
hours of ground training for an initial instrument rating. The FAA also
proposed a 30-hour ground training requirement for an initial
instrument rating. The FAA proposed a requirement for 20 hours of
ground training for an additional instrument rating, as opposed to the
existing requirement of 15 hours in the test preparation course. The
FAA believed the increase was necessary because of proposed reductions
in the pilot experience requirements, and the different knowledge,
skills, and abilities required for each instrument rating.
The proposal required flight training on the same areas of
operation as proposed in part 61 for an instrument rating. In addition,
the proposed appendix clarified the existing requirement for cross-
country flight by requiring a minimum straight-line distance between
airports for one of the segments of the flight.
A minimum of 35 hours of flight training time was proposed for
initial instrument ratings. This is the minimum training time currently
required for an instrument rating in an airplane or a helicopter. The
proposal provided for a percentage of the minimum flight training hours
to be obtained in a flight training device.
As discussed in appendix A, the FAA has decided not to specify the
maximum time that may be credited toward the total hour course
requirements for stage checks and end-of-course tests.
Comments: HAI states that a student should be able to concurrently
enroll in private, instrument, and commercial pilot certification
courses, and therefore the commenter recommends deletion of paragraph
(2)(a). HAI also suggests modifying paragraph (b) of section No. 4 to
require a minimum of 10 hours of
[[Page 16287]]
the instrument training time in an aircraft for an initial instrument
rating, and a minimum of 5 hours of the instrument training time in an
airplane for an additional instrument rating.
HAI, NATA, and NBAA object to the provisions for the crediting of
time spent training in a flight training device. NATA and NBAA state
that the 10 percent credit for the use of flight training devices is
insufficient. The commenters argue that part 141 schools would be
placed at a disadvantage compared to schools conducting training under
part 61, and that trends in simulation technology dictate more, not
less, use of flight training devices. NATA recommends a credit of 50
percent of the total flight training time of the approved instrument
flight course or of the section, whichever is less. NBAA asks for
clarification on whether the 10 percent credit for training in a flight
training device also applies to recreational, private, and commercial
certificates and, if so, the commenter recommends that those limits be
changed to equal those authorized in part 61. NBAA also comments that
Notice No. 95-11 does not go far enough to integrate personal computer-
based aviation training devices into all phases of flight training.
These views are echoed by several large flight schools, including ERAU
and UND Aerospace, as well as Jeppesen and several individual
commenters. These commenters state that the 10 percent limitation,
especially in the case of the instrument rating, drastically reduces
the maximum available credit in comparison to the existing rule. One
commenter states that the proposed change would reduce the quality of
training and raise costs. The commenter states that it can provide more
quality training in Frasca 141 and 142 training devices than in
aircraft.
GAMA is concerned that under the proposal it appears that the
credit allowed for training received in a simulator or flight training
device in an instrument rating course would be drastically reduced.
According to GAMA, more flight training device credit would be received
under part 61 than under the proposed rule for part 141. GAMA believes
that this would discourage schools from applying for part 141 approval.
GAMA recommends retaining the credit allowed under the existing rules.
HAI objects to the instrument helicopter cross-country requirement
in proposed paragraph (4)(c)(3)(i) because training helicopters such as
the Robinson R-22 are not certificated for IFR flight.
ERAU states that, while it agrees with the principle of separate
requirements for single-engine and multiengine instrument ratings, the
requirements for the proposed multiengine instrument rating course are
excessive.
FAA Response: In response to HAI's comment regarding the
requirement that pilots enrolling in an instrument rating course hold
at least a private pilot certificate, the FAA determined that the
minimum certificate level for persons to be able to adequately
understand instrument training concepts is at the private pilot
certificate level. With regard to HAI's concerns about the instrument
helicopter cross-country requirements, the FAA notes that it is the
FAA's intent to require a person to file an instrument flight plan and
perform a flight under IFR, although not necessarily under IMC.
With respect to objections to proposed provisions for separate
single-engine and multiengine airplane instrument ratings, the FAA
notes that the separate instrument ratings were not adopted in the
final rule. This decision was discussed in section IV,D. The proposed
provision for an instrument airship rating is deleted from the final
rule for the reasons discussed in section IV,D.
The FAA has modified the appendix to conform with the definitions
of ``flight simulator'' and ``flight training device'' set forth in
Amendment No. 61-100. Regarding comments on credit for training
received in flight simulators and flight training devices, the FAA did
not intend to remove the prior provision permitting up to one-half of
the instrument training time to be received in an approved ground
trainer. Therefore, the maximum possible credit allowed for training in
a flight simulator that meets the requirements of Sec. 141.41(a) is 50
percent in the final rule. The maximum credit for training in a flight
training device that meets the requirements of Sec. 141.41(b) is 25
percent in the final rule. The FAA also notes that training received in
flight simulators or flight training devices may not be used to satisfy
more than 50 percent of the instrument flight training requirements in
the final rule.
The reference to medical certificate requirements in proposed
paragraph (b) of section No. 2 is deleted because medical certificate
requirements are now contained in Sec. 61.23. See the analysis of
Sec. 61.23 for further discussion.
The proposed rule is adopted with these changes and other minor
editorial changes.
Appendix D--Commercial Pilot Certification Course
The FAA proposed criteria for a certification course for a
commercial pilot certificate. Proposed appendix D included courses
found in the existing appendixes D and F. The proposed appendix
included a powered-lift category rating and separate class ratings for
powered gliders and nonpowered gliders.
To enroll in the flight portion of the course, the proposal
required a person to hold: (1) a private pilot certificate with the
category and class rating appropriate to the ratings for which the
course applies, and (2) at least a third-class medical certificate, or
present a signed and dated statement by the person certifying that the
person enrolling has no known medical defect that makes that person
unable to pilot a glider or a balloon.
In addition, if the course was for a rating in an airplane, a
powered-lift, or an airship, the proposal required the student to: (1)
hold an instrument rating appropriate to the aircraft category and
class rating for which the course applies, or (2) be concurrently
enrolled in an instrument rating course for which the course applies,
and satisfactorily accomplish the required practical test prior to
completing the commercial pilot practical test.
The proposed ground training consisted of the same aeronautical
knowledge areas as proposed in part 61 for a commercial pilot
certificate. A minimum of 100 hours of ground training was required for
an airplane, powered-lift, or airship rating. One hundred hours of
ground training is currently required for an airplane category rating.
The proposal retained the existing hour requirements for ground
training for a rotorcraft, glider, or balloon rating.
The proposed flight training included the same areas of operation
as proposed in part 61 for a commercial pilot certificate. The proposal
set forth specific flight training requirements for each aircraft
category and class rating. The proposed minimum dual and solo flight
training time requirements were far lower than those of the existing
appendix D. However, this proposed change was based on the assumption
that the applicant would have to also meet the minimum time
requirements for part 61. The proposal required that a person meet the
aeronautical experience requirements of part 61 for a commercial pilot
certificate upon completion of the course. The proposed appendix also
included the modifications to the dual cross-country flight
requirements in proposed part 61.
The FAA decided not to specify the maximum time that may be
credited for stage checks and end-of-course tests for
[[Page 16288]]
the same reasons discussed in the analysis of appendix A.
The FAA proposal omitted provisions related to flight instruction
in the specified areas of operation for the lighter-than-air category
ratings because separate instructor ratings were proposed for those
classes.
Comments: HAI states that a student should be able to concurrently
enroll in a private, instrument, and commercial pilot certification
course.
The Department of Veterans Affairs/Veterans' Benefits
Administration (VA) states that it has received comments from pilot
school organizations regarding Notice No. 95-11. These comments express
a concern that appendix D would ``require a complete and radical
restructuring of current commercial pilot courses.'' The commenter,
nonetheless, recommends revising paragraph (2)(a)(4) to make its
provisions clear, or that this issue be dealt with in the preamble.
Several individual commenters state that the VA prohibits concurrent
enrollment in separate flight training courses as permitted by the
proposal.
HAI states that there are no advantages for part 141 schools if
their students must meet part 61 flight training time requirements.
GAMA and NATA express similar concerns and state that the proposal
effectively increases the part 141 commercial pilot minimums from 190
hours to 250 hours. GAMA contends that since a private pilot
certificate is a prerequisite for enrollment, the newly proposed
commercial pilot certification course would not include the elements of
the private pilot certification course currently allowed under part
141. NATA believes that the proposal to increase the minimum number of
hours in the commercial pilot certification course could hurt the
economic viability of many part 141 schools. Several flight schools and
other commenters echo these concerns, stating that ``directed
training'' at a part 141 school prepares applicants better than less
regulated training under part 61, and makes the higher-hour requirement
unnecessary for part 141 schools.
HAI opposes the provisions for the crediting of training received
in a flight training device. HAI references similar comments it
expressed on proposed appendix C. NATA recommends that the rule permit
a credit for a maximum of 20 flight hours or 25 percent of the approved
commercial pilot course, whichever is less. Flight schools and
individual commenters express similar views.
HAI notes that the proposed helicopter cross-country requirements
provide for a 250-nautical-mile flight, and recommends that these
requirements be aligned with those of part 61. The commenter also
expresses the same safety concerns regarding the helicopter night solo
requirements that it expressed regarding similar requirements in part
61.
A balloon school expresses several objections to the commercial
course requirements. The commenter states that no justification was
presented for increasing the number of required flights from 8 flights
in the existing rule to 10 flights. The commenter similarly opposes the
requirement for two flights in a balloon in preparation for the
practical test. The commenter also states that the terms ``weight and
balance,'' ``air navigation facilities,'' ``performance maneuvers,''
and ``above the surface'' are inappropriate for balloon operations. The
latter term should be replaced with the phrase ``above the launch
site''. The same commenter also shares HAI's view that the proposed
requirement for maneuvers involving emergency operations in solo flight
is hazardous.
FAA Response: In the final rule, the required aeronautical
knowledge training time has been modified. For the airplane category,
powered-lift category, and airship class rating, the proposed 100 hours
has been reduced to 65 hours. For the rotorcraft category, the proposed
65 hours have been reduced to 30 hours. For the glider category, the
proposed 25 hours has been reduced to 20 hours. The balloon class
rating requirement remains unchanged from the 20 hours proposed.
The FAA did not intend to remove the prior ability of pilots to
obtain certificates under part 141 with less than the aeronautical
experience requirements specified in part 61. The FAA therefore has
withdrawn the requirement that graduates of a part 141 commercial pilot
certification course meet the aeronautical experience requirements
prescribed in part 61 for commercial pilots. This provision would have
resulted in a major shift from the FAA's long standing position that
part 141 graduates, even though they may not meet the requirements of
part 61, have training equivalent to the training requirements of part
61. As a result of withdrawing this proposal, the FAA had to increase
the aeronautical experience requirements from the requirements proposed
in Notice No. 95-11. The final rule provides for 155 hours of total
flight training time for an airplane, powered-lift, or airship rating;
115 hours of total flight training time for a rotorcraft rating; 6
hours of total flight training time for a glider rating; and 10 flight
hours and eight training flights for a balloon rating. The FAA notes
that a commercial pilot must hold a private pilot certificate in order
to enroll in a commercial pilot certification course, therefore, the
requirements in the final rule are equivalent to the current
requirements of appendix D.
In the final rule, the FAA also has increased the dual flight
training time requirements. The final rule provides for 55 hours of
flight instruction for an airplane, powered-lift, or airship rating,
and 30 hours of flight instruction for a rotorcraft rating. For a
glider rating, the rule requires four hours of flight instruction,
including five flights involving launch/tow procedures and the training
on appropriate areas of operation. The flight training requirements for
a balloon course remain as proposed, except the FAA has decreased the
required ascent for gas balloons from 10,000 feet above the surface to
5,000 feet above the launch site. For balloons with airborne heaters,
the ascent requirement was reduced from 5,000 feet above the surface to
3,000 feet above the launch site. After further review, the FAA has
determined that the proposed ascent training procedures exceeded
accepted industry practice.
The title of section No. 5 of this appendix is changed in the final
rule from ``supervised pilot-in-command training'' to ``solo
training''. As previously discussed, the FAA has decided to retain the
term ``solo'' in the final rule. For the reasons previously discussed,
the FAA has withdrawn the requirement for solo flight training in a
multiengine airplane, an airship, and a gas balloon. The final rule
requires a student to perform the functions of pilot in command in a
multiengine aircraft while under the supervision of a certificated
flight instructor, or in an airship or gas balloon while under the
supervision of a commercial pilot with an airship rating or balloon
rating, as appropriate.
The solo cross-country requirements for helicopter and gyroplane
ratings are decreased in the final rule from 250 nautical miles to 50
nautical miles to conform with part 61 and existing part 141
requirements. The exception for cross-country flights in Hawaii was
deleted in light of the reduction in the distance requirement. For the
reasons discussed in the analysis of appendix B, the night flying
exception of Sec. 61.131 was removed from section No. 5.
The FAA has modified the appendix to conform with the definitions
of ``flight simulator'' and ``flight training device'' set forth in
Amendment No. 61-100. The maximum possible credit for flight training
received in a flight
[[Page 16289]]
simulator that meets the requirements of Sec. 141.41(a) is 20 percent
in the final rule. For flight training devices meeting requirements of
Sec. 141.41(b), the maximum credit is 10 percent in the final rule. The
FAA also notes that training received in flight simulators or flight
training devices may not be used to satisfy more than 50 percent of the
flight training requirements in the final rule.
For the same reasons discussed in the analysis of proposed
Sec. 61.129, category-and class-specific references to the required
instrument training time for helicopters and gyroplanes are deleted in
the final rule.
In the final rule, the proposed references to medical certificate
requirements were removed, because medical certificate requirements are
addressed Sec. 61.23. See the analysis of that section for further
discussion.
In response to HAI's proposal to permit student pilots to
concurrently enroll in a private, instrument, and commercial pilot
certification course, the FAA determined that the skills and knowledge
gained in a private pilot certification course are necessary
prerequisites to enrollment in an instrument or commercial pilot
certificate course.
With respect to concerns expressed about concurrent enrollment in
the commercial pilot course and the instrument rating course, the FAA
notes that concurrent enrollment is not a requirement but an option an
individual may choose to exercise, depending on his or her
circumstances.
The proposed rule is adopted with these and other editorial
changes.
Appendix E--Airline Transport Pilot Certificate Course
The FAA proposed criteria for a certification course for an ATP
certificate with an airplane, helicopter, or powered-lift rating. The
course in existing appendix E, ``Commercial Test Course (Airplanes),''
was eliminated. Proposed appendix E included requirements found in
existing appendix H, and also included provisions for the proposed
powered-lift category rating.
To enroll in the flight portion of the course, the FAA proposed
that a person be required to: (1) Hold a commercial pilot certificate
with the category and class ratings for which the course applies and
hold no restrictions; (2) hold at least a third-class medical
certificate; and (3) upon completion of the course, meet the
aeronautical requirements in part 61 for an ATP certificate that is
appropriate to the ratings for which the course applies.
The proposed ground training requirements consisted of the same
aeronautical knowledge areas proposed in part 61 for an ATP
certificate, including windshear avoidance, and aeronautical decision
making and judgment. The course continued to require 40 hours of ground
training.
The proposed flight training consisted of the same approved areas
of operation as proposed in part 61 for an ATP certificate. The course
continued to require 25 hours of flight training with at least 15 hours
of instrument flight training. The FAA decided not to specify the
maximum time that may be credited for stage checks and end-of-course
tests for the same reasons previously stated in appendix A.
Comments: HAI opposes the proposal in paragraph (4)(b), which
provides for the crediting of flight training received in a flight
training device, and recommends that a minimum time of 10 hours in an
aircraft be specified for an ATP course. Several other commenters,
including some flight schools, stated that the 10 percent credit is
insufficient.
A flight school commenter objects to establishing more stringent
requirements for the ATP Certification Course than are normally
necessary for training under part 61, and cites the requirement for 25
hours of flight training under part 141, when the average flight
training under part 61, according to the commenter, is 10 hours. The
commenter also cites the 40 hours of ground training under part 141,
compared with no similar requirement under part 61.
FAA Response: The FAA has modified the appendix to conform with the
definitions of ``flight simulator'' and ``flight training device'' set
forth in Amendment No. 61-100. Upon review of concerns regarding the
credit limitation on training received in a flight simulator or flight
training device, the maximum possible credit allowed for training in a
flight simulator that meets the requirements of Sec. 141.41(a) is 50
percent in the final rule. The maximum credit for training in a flight
training device that meets the requirements of Sec. 141.41(b) is 25
percent in the final rule. The FAA notes that training received in
flight simulators or flight training devices may not be used to satisfy
more than 50 percent of the flight training requirements of the final
rule. These changes were necessary to ensure that the credit provisions
in the final rule correspond to the existing credit provision in
appendix E.
As previously noted, the medical certification requirements are
withdrawn because these requirements are addressed in Sec. 61.23 of the
final rule.
The FAA revised the proposed eligibility requirements for
enrollment in an airline transport pilot certification course by
modifying proposed paragraph (c) of section No. 2 to indicate that an
applicant must comply with the requirements of subpart G of part 61
prior to enrollment and not upon course completion as originally
proposed. The FAA has also retained the proposal set forth in proposed
paragraph (a)(2) of section No. 4 to require at least 25 hours of
flight training on the approved areas of operation. Fifteen hours of
this training is instrument training. The FAA notes that these
requirements are more stringent than those specified in part 61,
however, the FAA also notes that a school may obtain approval for a
course with fewer hours if the course is approved in accordance with
the provisions of Sec. 141.55.
The final rule is adopted with these changes and minor editing and
formatting changes.
Appendix F--Flight Instructor Certification Course
The FAA proposed to establish a separate appendix for flight
instructor certification courses. The proposed appendix included the
proposals in part 61 to establish: (1) A powered-lift category rating,
(2) separate class ratings for powered gliders and nonpowered gliders,
and (3) a flight instructor certificate for the lighter-than-air
category.
To enroll in the flight portion of the course, the FAA proposed
that a person must hold: (1) A commercial certificate or an ATP
certificate with an aircraft category and class rating appropriate to
the rating for which the course applies, and (2) an instrument rating
in an aircraft that is appropriate to the aircraft category and class
for which the course applies if the course was for an airplane,
airship, or powered-lift instructor rating.
The proposed ground training consisted of the same aeronautical
knowledge areas as proposed in part 61 for a flight instructor
certificate. The course continued to require a minimum of 40 hours of
ground training for an initial flight instructor certificate and 20
hours for an additional flight instructor rating.
The proposed flight training consisted of the same areas of
operation as proposed in part 61 for a flight instructor certificate.
The minimum hours of required flight training varied with the category
or class of aircraft. A course for a rating in an airplane, a
rotorcraft, a powered-lift, or an airship required a minimum of 25
hours of training. A course for a rating in a powered glider required
10 hours of
[[Page 16290]]
training. A course for a rating in a nonpowered glider required 10
hours of training and 10 training flights. A course for a balloon class
rating required 8 training flights.
Comments: HAI recommends that the flight instructor course
requirement in paragraph (2)(a) of appendix F be revised to require an
applicant to either hold a commercial certificate, or be concurrently
enrolled in a commercial course and an instrument rating course.
With regard to the minimum hour requirements for the flight
instructor certification course, NATA states that the proposed minimum
aeronautical training hours are insufficient while the proposed flight
training hours are excessive. NATA recommends that the aeronautical
training requirement be increased to 60 hours.
NBAA states that the requirement, proposed in paragraph (5)(b) of
appendix F, that all airplane flight instructor candidates receive spin
training, may be impossible to comply with in the case of multiengine
airplanes because few, if any, multiengine airplanes are certificated
for spins. NBAA proposes changing the wording to require only ground
training, not flight training, for spins in airplanes other than
gliders and single-engine airplanes.
In its comment, FSI recommends a reduction to 15 hours for flight
training required for the addition of an airplane single-engine or
multiengine class rating to a flight instructor certificate. The
commenter states that it conducts a 12-hour part 61 flight instructor
multiengine add-on course, as well as a flight instructor instrument
rating add-on course to the flight instructor certificate. Jeppesen
states that reducing the part 141 hour requirement would encourage
students to train under an FAA-approved part 141 course instead of
under part 61.
University of North Dakota Aerospace (UND) recommends training
conducted to a proficiency level rather than to a specific flight-hour
requirement for the flight instructor certification course. ERAU also
objects to the mandated hours, and states that the FAA should set forth
the material to be taught and permit the school to propose the required
hours for FAA approval. ERAU states that the appendix is unclear on how
or what constitutes an original issuance of a certificate. The ability
to issue two ratings on one certificate at one time allows for an
economy of time and of expense for students. Training to a standard
could also save students considerable time and money.
A balloon school operator states that the 40 hours of training
specified in paragraph (3)(a)(1) of appendix F is excessive for
balloons because applicants for the instructor rating will already hold
a commercial certificate, and instruction will be focused on the
fundamentals of instructing, which ``can be effectively taught in 5
hours.'' According to the commenter, this also applies to the material
contained in ``Areas of Operation'' in paragraph (4)(c)(9) of appendix
F. The same commenter states that the requirement for eight flights in
paragraph (4)(a)(4) of appendix F is a meaningless measure for balloons
because of the variability of flight time. The commenter recommends
that the requirement be specified in hours instead, and proposes 4
hours for this purpose. Finally, this commenter objects to the use of
the term ``performance maneuvers'' in paragraph (4)(c)(9)(ix) of
appendix F because the term has no meaning for balloons.
FAA Response: In the final rule, references to the proposed term
``supervised pilot in command'' were replaced with the term ``solo''
for reasons discussed in the analysis of Sec. 61.1. Proposed provisions
for separate powered and nonpowered classes, within the glider category
requirements, have been consolidated under a single set of requirements
for the glider class for the reasons discussed in section IV, F. The
establishment of a flight instructor certificate for the lighter-than-
air category has not been adopted in this section for the reasons
outlined in section IV, C.
In response to comments regarding the proposal for an applicant for
a flight instructor rating in a rotorcraft to possess an instrument
rating, the FAA has determined that such a requirement is not
warranted, and has withdrawn that proposal from the final rule.
In response to NATA's comment that the aeronautical knowledge
requirement should be increased to 60 hours, the existing rule requires
40 hours. The FAA did not propose raising this requirement, and
therefore NATA's recommendation is beyond the scope of this rulemaking.
In response to NATA's complaint that the proposed flight training hours
are excessive, the FAA points out that this is an existing requirement.
Regarding NBAA's comment concerning spin training in multiengine
airplanes, the FAA agrees that few multiengine airplanes are
certificated for spins. It was never required or proposed for this
training to be conducted in a multiengine airplane. This requirement
can be accomplished in a single-engine aircraft that is certificated
for spins.
The FAA has reviewed the comments requesting a reduction in the
hour requirements for flight training and finds that the comments have
offered no significant justification for reducing these hours.
Furthermore, the FAA notes that the training requirements reflect the
current requirements in appendix H.
The FAA also notes that the eligibility requirements for enrollment
in a flight instructor certification course were clarified to reflect
that an ATP seeking a flight instructor certificate possess instrument
privileges in the aircraft category and class appropriate to that
certificate.
In response to the comment from a balloon school operator, the FAA
notes that all flight instructor ratings for the lighter-than-air
category have been withdrawn as previously discussed.
The FAA has also modified the appendix to conform with the
definitions of ``flight simulator'' and ``flight training device'' set
forth in Amendment No. 61-100.
The rule is adopted with these changes.
Appendix G--Flight Instructor Instrument (for an airplane, helicopter,
or powered-lift instrument instructor rating) Certification Course
The FAA proposed a separate appendix addressing certification
courses for a flight instructor certificate with an instrument rating.
This proposed appendix included the proposals in part 61 to establish:
(1) A powered-lift category and instrument rating, (2) an instrument
rating for airships, (3) instrument ratings for single-engine and
multiengine airplanes, and (4) a flight instructor certificate for the
lighter-than-air category.
To enroll in the flight portion of the course, the FAA proposed
that a person hold: (1) a commercial certificate or an ATP certificate
with an aircraft category and class rating appropriate to the rating
for which the course applies, and (2) a flight instructor certificate
with an aircraft category and class rating that is appropriate to the
instrument rating for which the course applies.
The proposed course required a minimum of 15 hours of ground
training on the same aeronautical knowledge areas as proposed in part
61 for a flight instructor certificate. The proposed course also
required a minimum of 15 hours of flight training on the same approved
areas of operation as proposed in part 61 for a flight instructor
certificate.
Comments: HAI recommends that the flight instructor course
requirement in
[[Page 16291]]
paragraph (2)(a) of appendix G be revised to require a person to either
hold a commercial pilot certificate or be concurrently enrolled in a
commercial course and instrument rating course. HAI opposes the ratio
by which time spent training in a flight training device is credited,
and recommends deletion of the subparagraphs of paragraph (4)(b) of
appendix G.
In its comment, NATA recommends deletion of paragraph (2)(b) of
appendix G, and requests that the FAA address initial and add-on
training requirements in a similar fashion to proposed paragraphs
(3)(a)(1) and (3)(a)(2) of appendix F. This would allow applicants to
receive an instrument flight instructor certificate without holding a
flight instructor certificate. To this end, NATA recommends a minimum
of 45 hours of aeronautical knowledge training for initial flight
instructor applicants, and 15 hours for additional flight instructor
ratings.
UND objects to the economic burden resulting from the establishment
of separate single-engine and multiengine instrument instructor
ratings, and questions what the conversion process would be for current
multiengine instrument instructors.
FAA Response: In the final rule, references to the proposed terms
``supervised pilot in command'' were replaced with the term ``solo''
for reasons discussed in the analysis of Sec. 61.1. The establishment
of an instrument flight instructor rating for the lighter-than-air
category has not been adopted in this section for the reasons outlined
in section IV,C. Similarly, the proposed separation of single-engine
and multiengine instrument instructor ratings has not been adopted for
the reasons presented in section IV,D.
In response to HAI's comment recommending that the eligibility
provisions of paragraph (2)(b) be revised to permit instrument flight
instructor applicants to be concurrently enrolled in a commercial pilot
certification and instrument rating courses, the FAA did not propose
any changes to the current eligibility requirements that are now
contained in existing appendix H. In addition, the FAA questions the
benefit of HAI's recommendation to permit an applicant to be
concurrently enrolled in three different training courses. The FAA
believes that if an applicant were permitted to be enrolled
concurrently in a commercial pilot certification course, instrument
rating course, and flight instructor-instrument rating course, the
applicant would be unable to obtain benefits comparable to enrolling in
each course individually.
In response to HAI's recommendation that the FAA revise the
provisions for crediting training time received in a flight training
device to meet training requirements, the FAA notes that the purpose of
establishing percentage computations was to encourage those schools
that desire to submit courses that ``train to a standard.'' The FAA has
determined that for courses with less than the minimum training hour
requirements of part 141, a specific ratio between time spent in an
aircraft and time spent in a flight training device should be
maintained. The FAA has also modified the appendix to conform with the
definitions of ``flight simulator'' and ``flight training device'' set
forth in Amendment No. 61-100.
The FAA has considered NATA's comments and decided to withdraw the
requirement that a person must hold a flight instructor certificate
prior to enrolling in a flight instructor-instrument certification
course. The FAA recognizes that it is possible under existing rules for
an individual to obtain an instrument flight instructor certificate
with an instrument-instructor rating without holding a flight
instructor certificate. The FAA also notes that the eligibility
requirements for enrollment in a flight instructor-instrument
certification course were clarified to reflect that an ATP seeking a
flight instructor certificate with an instructor-instrument rating
possess instrument privileges in the aircraft category and class
appropriate to that certification. The rule is adopted with these
changes and other minor editorial and format changes.
Appendix H--Ground Instructor Certification Course
The FAA proposed to establish criteria for approval of a
certification course for a ground instructor certificate. An equivalent
course is not found in existing part 141 or part 143.
This proposed appendix included the proposals in part 61 to: (1)
Revise ground instructor ratings, (2) establish a powered-lift category
rating, (3) establish separate class ratings for powered gliders and
nonpowered gliders, (4) establish an instrument rating for airships,
and (5) establish instrument ratings for single-engine and multiengine
airplanes.
The proposed course required ground training on the same
aeronautical knowledge areas as proposed in part 61. A person who
enrolls for an initial ground instructor certificate was required to
receive a minimum of 20 hours of ground training. A person who enrolls
in an additional ground instructor rating was required to receive a
minimum of 10 hours of ground training. Existing appendix H, ``Flight
Instructor Certification Course,'' contained a provision that stated
that initial ground training requirements could be lowered by one-half
if an applicant had prior related instructional experience. Notice No.
95-11 proposed to apply this provision to ground instructors as well.
No substantive comments were received. In the final rule, the
proposed ground instructor ratings were deleted and replaced with the
ground instructor ratings provided for in existing part 143--basic,
advanced, and instrument. For a discussion of the reasons for these
changes to the final rule, see the analysis of subpart I of part 61.
The appendix is adopted with these changes.
Appendix I--Additional Aircraft Category or Class Rating Course
The FAA proposed to establish criteria for certification courses
for adding either a category rating or a class rating on a pilot
certificate. The course in this appendix appeared in sections II and
III of existing appendix F. The proposed appendix included the
proposals to establish a powered-lift category rating as well as
separate class ratings for powered and nonpowered gliders.
The FAA proposed that to enroll in the flight portion of the
proposed course, a person would be required to hold: (1) The minimum
level pilot certificate that is appropriate to the additional category
or class aircraft rating to which the particular course applies, and
(2) at least a third-class medical certificate for aircraft ratings
that require a medical certificate for that pilot certificate level. To
obtain an additional rating at the recreational pilot certificate level
or an additional glider or balloon rating, applicants would have to
provide a signed and dated statement certifying that they have no known
medical defects that would make them unable to pilot a glider or a
balloon.
Each course approved under this appendix was required to consist of
the minimum requirements found under appendix A, B, C, D, or E for the
category rating or class rating for which the course was approved at
the appropriate pilot certificate level.
No substantive comments were received. This appendix is being
included in the final rule with changes that reflect the elimination of
the separate glider classes, as explained in section IV,F. The appendix
also reflects changes in the current definitions of ``flight
simulator'' and ``flight training device,'' and other minor terminology
changes. The references to medical
[[Page 16292]]
certificates in proposed section No. 2 were deleted because medical
certificate requirements are now contained in Sec. 61.23. See the
analysis of Sec. 61.23 for further discussion. The proposed rule is
adopted with the changes discussed above, as well as minor formatting
and editing changes.
Appendix J--Aircraft Type Rating Course, for Other Than an Airline
Transport Pilot Certificate
The FAA proposal established criteria for an aircraft type rating
course, for other than an ATP certificate, for a person who desires to
add a type rating on his or her private or commercial pilot
certificate. The proposed course in this appendix was found in existing
appendix F. The course included provisions for the powered-lift
category rating as proposed in part 61.
The FAA proposed that to enroll in the flight portion of the
proposed course, a person must hold: (1) At least a private pilot
certificate; (2) at least a third-class medical certificate, if a
medical certificate is required for the type of aircraft rating sought;
and (3) an instrument rating, or be concurrently enrolled in a course
for an instrument rating in the category and class that is appropriate
to the aircraft type rating for which the course applies (if the
aircraft does not hold a VFR limitation). A person who is concurrently
enrolled in a course for an instrument rating would be required to
satisfactorily accomplish the required practical test concurrently with
the aircraft type rating practical test.
A minimum of 15 hours of ground training was proposed. A minimum of
25 hours of flight training was proposed, of which at least 15 hours
was required to be instrument flight training in the aircraft for which
the course applied.
Comments: UND Aerospace reiterates its view, as expressed with
respect to appendixes F and G, that there should be no specific hourly
training requirement because training should be conducted to a
proficiency level. The commenter also recommends revising the language
of paragraph (4)(a)(1) to include a reference permitting the use of a
flight training device instead of an aircraft.
FAA Response: Upon further review of this appendix, the FAA noted
an error in the proposed ground and flight training hour requirements.
The proposed requirements of 15 hours of ground training and 25 hours
of flight training exceeded existing training requirements. The FAA has
determined that there have been no safety problems to require such an
increase in training time. Therefore, the final rule reflects the
existing requirements of 10 hours of ground training and 10 hours of
flight training.
In response to UND's recommendation that this appendix should not
provide any specific hourly training requirements, the FAA notes that
Sec. 141.55 permits a school to submit a course for approval that
contains less training time than in part 141. With regard to UND's
recommendation to permit the use of flight training devices, the FAA
notes that this appendix provides for the crediting of training time
received in flight simulators and flight training devices that meet the
requirements of Sec. 141.41 (a) and (b). Flight simulators may be used
to receive credit for up to 50 percent of the total flight training
hour requirements of this appendix, and flight training devices may be
used to receive credit for up to 25 percent of the total flight
training requirements of this appendix. The FAA notes that training
received in flight simulators and flight training devices may not be
used to satisfy more than 50 percent of the flight training
requirements of the final rule.
The final rule deletes proposed paragraph (b) of section No. 2,
which referred to medical certificates because the medical certificate
requirements are included in Sec. 61.23. See the analysis of that
section for further discussion.
The proposed rule is adopted with these changes and other minor
editorial changes.
Appendix K--Special Preparation Courses
The FAA proposed to establish criteria in appendix K for special
preparation courses, similar to those in existing appendix H, ``Test
Preparation Courses.'' These proposed courses were similar to the
existing test preparation courses, but expanded the concept of
specialized courses. The proposed appendix included the proposals in
part 61 to: (1) certificate ground instructors under part 61, (2)
revise aeronautical knowledge areas, and (3) set forth approved areas
of operation.
The proposed appendix included: (1) flight instructor refresher
courses, (2) ground instructor refresher courses, (3) special
operations courses, and (4) test pilot courses.
The FAA proposed that to enroll in the flight portion of the
proposed courses, a person must hold a pilot certificate appropriate to
the operating privileges or authorization sought. For example, if after
graduation the person operates an aircraft under part 133, ``Rotorcraft
External-Load Operations,'' that person was required to hold at least a
commercial pilot certificate with a rotorcraft-helicopter rating. Each
student enrolled in these courses was required to satisfactorily
accomplish stage checks and end-of-course tests to graduate.
The FAA also proposed to require that a person enrolling in the
flight portion of the course hold at least a third-class medical
certificate, if a medical certificate was required in part 61 of this
chapter, or a signed and dated statement by the person certifying that
the person enrolling had no known medical defect that makes that person
unable to pilot a glider or a balloon.
The proposed agricultural aircraft operations required a minimum of
25 hours of ground training and 15 hours of flight training as found in
section No. 8 of existing appendix H. This proposal eliminated the
option in appendix H to include up to 5 hours of supervised pilot in
command practice. The ground training requirements were clarified and
expanded to include training on: (1) Agricultural aircraft operations;
(2) safe operating procedures for handling and dispensing agricultural
and industrial chemicals, including operating in and around congested
areas; and (3) applicable provisions of part 137. The flight training
requirements were clarified to include training on agricultural
aircraft operations.
The proposed course on rotorcraft external-load operations
continued to require a minimum of 10 hours of ground training and 15
hours of flight training, as found in section No. 9 of existing
appendix H. The ground training requirements include: (1) Rotorcraft
external-load operations; (2) safe operating procedures for external-
load operations, including operating in and around congested areas; and
(3) the applicable provisions of part 133. The flight training
requirements include training on external-load operations.
The FAA proposed to establish basic criteria for a test pilot
course. The proposed course requirements included ground training on
the following: (1) Aircraft maintenance, quality assurance, and
certification test flight operations; (2) safe operating practices and
procedures for performing aircraft maintenance, quality assurance, and
certification test flight operations; (3) applicable parts of the FAR
that pertain to aircraft maintenance, quality assurance, and
certification tests; and (4) test pilot duties and responsibilities.
The course also required a minimum of 15 hours of flight training on
test pilot duties and responsibilities.
The FAA proposed to establish minimum criteria for special
operations courses, including pipeline patrol, shoreline patrol, and
aerial
[[Page 16293]]
photography. The requirements of each course were not specifically
designated. The intent of the proposal was to provide an incentive to,
and flexibility for, part 141 pilot schools to develop specialized
courses and improve business opportunities.
The FAA proposed to revise the pilot refresher course in section
No. 7 of existing appendix H. The course continued to require 4 hours
of ground training and 6 hours of flight training. The proposed course
did not specifically include the current option for up to 2 hours of
the 6 hours to be directed solo practice, but permitted the school more
flexibility in designing a syllabus that best fits each student's
needs. The ground training requirements included: (1) Aeronautical
knowledge areas that are applicable to each student's pilot certificate
level, aircraft category and class rating, or instrument rating, as
appropriate; (2) safe pilot operating practices and procedures; and (3)
applicable provisions of parts 61 and 91 for pilots. The flight
training requirements were clarified to include flight training on the
approved areas of operation that are applicable to the level of each
student's pilot certificate, aircraft category and class rating, or
instrument rating, as appropriate, for performing pilot in command
duties and responsibilities.
On April 6, 1994, the FAA issued Amendment No. 61-95, ``Renewal of
Flight Instructor Certificates'' (59 FR 17646). In that final rule, the
FAA revised Sec. 61.197(c) by deleting the current 24-hour requirement
for an approved flight instructor refresher course. In this appendix,
the FAA proposed establishing a flight instructor refresher course
consisting of at least 16 hours of ground training, flight training, or
any combination of ground and flight training. The ground training
included the: (1) Aeronautical knowledge areas of part 61 that apply to
student, recreational, private, and commercial pilot certificates and
instrument ratings; (2) aeronautical knowledge areas that apply to
flight instructors; (3) safe pilot operating practices and procedures,
including airport operations and operating in the NAS; and (4)
applicable provisions of parts 61 and 91 that apply to holders of pilot
and flight instructor certificates. The flight training course included
a review of the: (1) approved areas of operations that are applicable
to student, recreational, private, and commercial pilot certificates
and instrument ratings; and (2) necessary skills, competency, and
proficiency for performing flight instructor duties and exercising
flight instructor responsibilities.
In addition, the FAA proposed criteria for ground instructor
refresher courses. The proposed contents of this course required ground
training on: (1) Aeronautical knowledge areas of part 61 that apply to
student, recreational, private, and commercial pilot certificates and
instrument ratings; (2) aeronautical knowledge areas of part 61 that
apply to ground instructor certificates; (3) safe pilot operating
practices and procedures, including airport operations and operating in
the NAS; and (4) applicable provisions of parts 61 and 91 that apply to
pilots and ground instructor certificates.
Comments: A balloon school opposes proposed paragraphs (11) and
(12) of the special preparation flight instructor and ground instructor
refresher courses, which require 16 hours of ground and/or flight
training. The commenter states that, for balloon instructor training,
such a course can be completed in 4 hours, and no flight training is
necessary.
FAA Response: The FAA acknowledges the balloon school's concerns.
As discussed in section IV,C, the FAA is not adopting the proposed
flight instructor certificate for the lighter-than-air category, and
therefore the proposed appendix requirements would not apply to that
school's instructors under the final rule.
In the final rule, the medical certificate requirements for
eligibility for a course under this appendix have been deleted because
medical certificate requirements are now contained in Sec. 61.23. See
the analysis of Sec. 61.23 for further discussion. Additionally, the
FAA has modified the appendix to conform with the definitions of
``flight simulators'' and ``flight training device'' set forth in
Amendment No. 61-100.
Appendix L--Pilot Ground School Course
In proposed appendix L, the FAA set forth the requirements for the
Pilot Ground School course found in existing appendix G. The proposal
included an additional general requirement that ground training include
those aeronautical knowledge areas needed to ``develop competency,
proficiency, resourcefulness, self-confidence, and self-reliance in
each student.''
No substantive comments were received, and except for minor
editorial changes, the final rule is adopted as proposed.
Regulatory Evaluation Summary
Cost Benefit Analysis
The FAA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was reviewed under
Executive Order 12866, ``Regulatory Planning and Review.'' This section
has been determined to be ``significant'' under the Department of
Transportation's regulatory policies and procedures. The FAA has
prepared an economic assessment of the final rule. The FAA has
evaluated the anticipated costs and benefits, which are summarized
below. For more detailed economic information, see the full regulatory
evaluation contained in the docket.
Discussion of Comments
In response to Notice No. 95-11, there were many comments relating
to pilot, flight instructor or ground instructor, and pilot school
certification requirements. The FAA's response to the technical issues
raised by commenters are addressed in the preamble to the rule. The
comments on the economic impact of the notice and FAA's response are
discussed as follows:
Part-time or ``Free Lance Instructors''. One commenter (No. 30)
states that the renewal requirements in the proposed rule will place
unwarranted economic burdens upon new flight instructors, those flight
instructors who instruct part time, and those ``free lance''
instructors unaffiliated with a fixed base operator (FBO). The
commenter also does not believe that the FAA provided any supporting
data explaining what safety benefit will result from the proposed
conversion/renewal requirements.
FAA Response: The FAA believes that any proposal written would
inherently favor some groups over other groups; however, this proposal
attempts to minimize any bias. But the bias that the commenter is
talking about already exists. (This commenter states that part-time or
``free lance'' instructors are currently a threat and potential source
of lost revenue to FBOs. Consequently these instructors have found it
difficult to conduct any instruction of any kind in a multiengine
airplane unless the instructor or the student provides one.) This
specific issue is also outside the scope of the final rule.
With regard to the renewal requirements, the FAA is stating what
has been past policy as identified in FAA Order 8700.1. Moreover, the
proposed rule (and this final rule) is somewhat less restrictive than
the existing rule. The existing rule states that the flight instructor
certificate is valid for 2 years from the expiration date. Under the
final rule, if the renewal
[[Page 16294]]
date is for example, December 31, 1995, then the flight instructor can
renew his or her certificate 90 days prior to the expiration date. The
expiration date will be based on the December 31, 1995, date in certain
cases.
Redundancy of Separate Instrument Ratings for Single Engine and
Multiengine Airplanes. One commenter (No. 82) states that separate
instrument ratings for single-engine and multiengine airplanes seems to
be redundant.
Another commenter (No. 3,800) states that the proposed change adds
significantly to the total cost of acquiring a commercial pilot
certificate with single-engine and multiengine class ratings. This
commenter states that the added costs to him would be about $5,500.
FAA Response: The FAA is withdrawing this proposal. The FAA will
continue to enforce current policy and will further clarify that policy
in the final rule.
Separate Instrument Rating Certificate for Single-Engine and
Multiengine Airplane Instructors. A commenter (No. 639) argues that the
FAA is imposing an undue and unnecessary financial burden upon an
already depressed industry (by requiring instructors to obtain a
special instrument instructor certificate specifically for multiengine
aircraft). Other commenters (e.g., No. 4,765) provided similar
comments. The commenter argues that the proposed rule will do nothing
to improve the quality of multiengine training and will have no impact
on safety. Other commenters (e.g., Nos. 933; 1,466; 1,624; 1,661;
3,133) also state that to require a separate checkride for a certified
flight instructor, instrument and multiengine (CFII MEI) would add time
and cost for the instructor with no significant increase in knowledge
or safety. This commenter states that instrument work does not change
with the addition of an engine, and CFIs who provide multiengine
training must hold a commercial multiengine license with instrument
privileges.
FAA Response: The FAA agrees with these commenters and has
withdrawn this proposal.
Ratings for Flight Instructors. A commenter (No. 1,661) is opposed
to the requirement that existing flight instructors who hold instrument
airplane and multiengine ratings on their flight instructor
certificates must have given 20 hours of flight training in a
multiengine airplane for the issuance of an instrument multiengine
airplane rating. In addition, the instructor must have recommended at
least one student for the instrument airplane practical test who
passes, or the flight instructor must pass a practical test to have
his/her flight instructor certificate converted under the proposed
changes. The commenter argues that this does not increase public safety
but places a huge financial burden on instructors. This commenter
states that the cost of an additional multiengine instrument instructor
practical test would easily approach $500 per instructor, which
includes the rental of a light twin-engine airplane at $150 per hour
combined with an average fee of $150 to $200 per designated pilot
examiner.
This commenter also states that flight instructors as a whole are
highly skilled. The commenter cites a report stating that for 1994,
while flight instruction accounted for over 23 percent of flying
activity, it accounted for only 4.5 percent of fatal accidents. He
concludes that flight instruction is one of the safest of all aviation
activities and therefore flight instructors do not need additional
testing.
FAA Response: The FAA agrees with the commenters and is withdrawing
this proposal.
Passing the Instrument Proficiency Test of Sec. 61.57 in an
Airship. A commenter (No. 1,772) states that it is costly and time
consuming to take a full-blown proficiency check in an airship. Each
instrument approach takes 7 to 10 times the amount of time an airplane
or helicopter would take to execute each maneuver, based on the slow
groundspeed of the airship. With any wind component, additional time on
the ``upwind'' portion of the approach might bring air traffic control
(ATC) useable airspace to a standstill during such operations. At a
minimum of $500 per hour, the operating costs involved during a
proficiency check would take in excess of 5 hours and cost over $2,500.
He also argues that the philosophy extends to instrument ``currency''
requirements. Ten to twelve instrument approaches in 2 hours flight
time is virtually impossible to complete in a fast-moving airplane,
much less in a vehicle moving at less than 30 knots and more, acutely
affected by winds.
FAA Response: The existing rule (Sec. 61.57(e)(i)) covering
instrument experience states that the pilot must have logged at least 6
hours of instrument time under actual or simulated IFR conditions, at
least three of which were in flight in the category of aircraft
involved, including at least six instrument approaches. In other words,
the pilot currently must have 6 hours of instrument experience. Under
the current rule, the commenter is required to take a proficiency
check, therefore this comment is unfounded. The FAA acknowledges,
however, that the language contained in the preamble to the proposed
rule was unclear. The FAA has corrected the preamble in the rule.
Sharing of Expenses. Commenters (Nos. 3,320; 4,237; and 5,062)
believe that the FAA should clarify and relax the interpretation of
``sharing expenses.'' One commenter (No. 3,320) believes that pilots
should be permitted to share equally the costs of aircraft rental (or
equivalent costs if the aircraft is owned by the pilot), and not simply
fuel and oil costs. This commenter states that his hourly cost (based
on total direct cost--insurance, maintenance, fuel) runs about $65 per
hour, excluding depreciation for his Cessna 172. Fuel and oil costs are
about $25 per hour. The cost to rent a similar aircraft in his area is
about $70. This commenter states that strict pro rata sharing of only
fuel and oil costs discourages pilots from using their aircraft and
maintaining piloting skills. Sharing only fuel and oil costs with one
passenger means that the pilot assumes 80 percent or more of the true
cost of ``sharing expenses.'' Finally, the commenter states that the
FAA should encourage pilots to use their skills, rather than
financially penalizing them for taking passengers who wish to travel to
a common destination. Other commenters (e.g., No. 4,792) are also
opposed to the revision regarding shared expenses.
Another commenter (No. 3,407) believes that the revised text
``share equally'' will remove confusion from most private pilots.
However, the proposed text does not specifically address rental of an
aircraft by a pilot for a flight with passengers, all of whom share a
common purpose for taking the flight. The commenter presents an example
showing that the pilot would pay a greater share of expenses than each
of the passengers. He estimates that a Cessna 172 rents for $50 per
hour. The airplane consumes 8 gallons of fuel per hour at $2 per gallon
and one-half pint of oil at $3 per quart. The commenter concluded that
the proposed rule would reduce revenue at a number of FBOs that depend
on aircraft rental revenue and will reduce pilot flight hours since
many pilots will not take flights that would otherwise be affordable.
FAA Response: The FAA has rewritten the final rule to allow for the
sharing of all expenses specified in Sec. 61.113(c).
Glider Class Ratings and Testing. A commenter (No. 3,707) opposes
the FAA dividing the glider category into two classes for pilot
certificates and ratings: powered glider and nonpowered glider.
[[Page 16295]]
He contends that converting current glider pilot and flight instructor
certificates to the new class ratings over a 2-year period does not
keep with the stated goal of promoting aviation and reducing the
regulatory burden. He states that there are no more than 200 aircraft
that could be classified under the proposed ``powered glider'' class.
He also states that 15,000 licensed glider pilots would have to be
retested at $300 per pilot or $4.5 million total. He's not even sure
that there are enough certified flight instructors, ground (CFI-G's) to
do this in 2 years.
SSA (No. 5,220) does not believe that the FAA should establish a
class rating for powered gliders. The commenter believes that the
proposed rule goes beyond the scope of lessening the burden of
regulatory reform to establish a class rating for a minimal size group
that has not shown a propensity to denigrate safety. The commenter
cites statistics from the Soaring Safety Foundation showing that during
the period of 1981 through 1995, powered sailplanes were involved in
nine accidents which resulted in four fatalities. The commenter also
states that there are currently about 200 licensed powered sailplanes,
and by 2002 there will be about 214. There are also about 300 active
members in the American Soaring Society ``checked out'' in powered
sailplanes. This number is expected to increase to 321 pilots by the
end of 2002. However, there are currently about 1,000 pilots ``checked
out'' in powered sailplanes.
Another commenter (No. 5,411) states that glider class ratings are
unnecessary. The commenter notes that a pilot who took his or her test
in a traditional glider, and who owns and flies a powered glider would,
under this proposal, have to hire an instructor, receive training in an
aircraft the pilot is already flying, get an endorsement from the
instructor, and take another test in his or her powered glider. This
commenter states that there are few powered glider instructors and that
they are costly.
FAA Response: The FAA will not create separate class ratings for
powered and nonpowered gliders. There is insufficient safety
justification to support this change for separate class ratings.
CFI for Lighter-than-air Aircraft. A commenter (No. 4,283) opposes
the FAA creating a CFI rating for lighter-than-air aircraft for several
reasons. The commenter states that in the state of Michigan during the
past 15 years, there have been only three balloon accidents and they
were minor in nature with no fatalities. The balloon community will be
reduced in size should the FAA require a CFI rating for balloons. The
entry costs of flying balloons is about $35,000 for new equipment.
Adding the training costs to this would make ballooning too expensive
for most people. In addition, for every lesson completed, there are
usually two or three scheduled sessions that are ``weathered out.''
Another commenter (No. 4,437), an employee of a hot air balloon
manufacturer, says that the proposed rule would result in fewer balloon
sales. The commenter believes that as many as 40 employees at their
facility would lose their jobs. Other commenters (Nos. 4,642 and 4,903)
believe that any increase in costs would limit the growth in ballooning
and that it would be impossible to maintain an instructor certificate
under the proposed rule because the costs of maintaining a certificate
would increase, and often a good flight instructor may only be able to
train one student per year and in some cases no students in a given
year.
Another commenter (No. 2,807) states that the creation of a
lighter-than-air flight instructor rating will make obtaining a gas
balloon certificate so expensive that all but the very rich will be
eliminated from obtaining a certificate. The current cost of helium for
one flight is approximately $3,600 delivered to the site. With a two
flight minimum as proposed within 60 days, the nominal cost of the
certificate will approach $10,000.
FAA Response: The FAA agrees with these commenters and is
withdrawing this proposal. The FAA is not establishing a flight
instructor certificate in the lighter-than-air category because
operational requirements and accident/incident data do not establish a
sufficient safety justification for the increased regulatory and
economic burden.
Small Business Impact. A commenter (No. 4,307) questions the FAA
conclusion that there would not be a significant economic impact on a
substantial number of small entities in the helicopter industry
(training). This commenter asks how many of those entities may have the
desire or the financial ability to equip and maintain their aircraft to
meet these new rules, and if they could, would then be willing to place
these aircraft in the areas of risk that are proposed in the new rules.
The commenter also states that proposed Sec. 61.129(5)(i) requires 5
hours of instrument training in a helicopter. The added cost would be
$1,150 per instructor. The commenter further states that it would force
the small operator to purchase ready-equipped aircraft or spend a
minimum of about $15,000 per aircraft to bring it up to IFR training
capability. In addition, small operators do not have helicopter CFIIs
on staff, so either these schools would have to train these otherwise
qualified instructors, or replace them with other individuals. If a
helicopter instructor is not instrument-rated in another category, the
cost for the instrument rating would be over $10,500 per instructor.
FAA Response: The FAA agrees with this commenter. The final rule
does not require that the equipment be class specific. An applicant can
take the instrument training in any kind of aircraft, flight simulator,
or other ground training device.
Cost of Medical. A commenter (No. 144) who flies for pleasure
argues that he flies high performance gliders and self evaluates
himself because of the cost of obtaining a third-class medical to fly
powered aircraft. The commenter states that he had an angioplasty in
1988 and states that the required tests for a third-class medical after
his angioplasty cost about $1,800-$2,000 more. He believes that it is
as ``safe for powered pilots, flying for pleasure, out of the terminal
area, VFR day light, with one passenger, maximum four place 180 H.P. as
it is for me to fly high performance gliders, with one passenger for
pleasure, and have the same self-certifying ability.''
A second commenter (No. 2,857) states that he has chosen to fly
under part 103 in an ultralight to avoid paying the $1,000 per year
medical testing.
FAA Response: The FAA carefully considered these cost comments as
well as other comments pertaining to the proposal that pilots who hold
recreational pilot privileges, student pilots operating within the
limitations of a recreational pilot certificate, and those higher-rated
pilots who elect to exercise only recreational pilot privileges be
permitted to operate aircraft without holding a medical certificate.
The FAA's overriding concern is safety, and before such a significant
change can be adopted, the FAA must determine that the level of safety
will not be degraded. The FAA has decided, therefore, to withdraw the
proposed change from the final rule. The FAA intends to conduct
additional analysis on this proposal and may issue a separate
rulemaking action in the future.
Elimination of ``Simulated Tow'' Option. A commenter (No. 2,295)
argues that the elimination of the ``simulated tow'' option found in
proposed Sec. 61.69(c)(2) will place a serious operational and
financial hardship on many glider operations. The majority of aircraft
used for glider towing are single-
[[Page 16296]]
place and many two-place aircraft are not well suited for this service.
The commenter estimates that over 70 percent of the glider towing in
the United States is done with single-place aircraft. The club that the
commenter belongs to checks out four to five new tow pilots each year
and the closest two-place tow plane is several hundred miles away from
their operation. He estimates that the additional cost for the
elimination of the ``simulated tow'' option will be $500 per tow pilot.
SSA (No. 5,220) also does not agree with the FAA's belief that
safety would be better served by eliminating the second method of tow
endorsement in current Sec. 61.69. The commenter states that there are
numerous clubs and commercial operators that tow with single-place tow
planes and eliminating the second part of Sec. 61.69 would create a
severe limitation on those operators. It would require having an
aircraft with two pilot seats and a tow hitch available to complete the
checkout, or hiring a multiplace tow plane with a tow hitch to do the
checkouts.
FAA Response: After the comment period closed, the FAA specifically
discussed this issue with SSA in order to gather additional clarifying
information. There are about 350 soaring sites in the United States and
about 4 tow planes per site. Of the 1,500 tow planes, about 1,000 are
single-seat and 500 are two-seat airplanes. Most operators do not use
the simulated towing option. For those operators that do, the cost of
an approved tow kit is about $600 for parts and another $600 for labor.
Some operators may not want to install tow kits on their airplanes
because it chops their airplane up. Consequently, some tow pilots may
have to travel to other soaring sites to be checked out in a two-place
tow plane with a hitch.1
---------------------------------------------------------------------------
\1\ Based on a record of conversation between Gary Becker,
USDT, FAA, APO-310 and James Short, Chairman, SSA Government Liaison
Board. April 16 and 17, 1996.
---------------------------------------------------------------------------
After the comment period closed, the FAA also contacted the Memphis
Soaring Society (No. 2,295) to clarify their comment.2 The
commenter claims that the most common single place tow aircraft are 235
horsepower Piper PA-25s. This aircraft, originally built for
agricultural operations, became available for glider towing when
agricultural operators moved up to higher-powered turbine aircraft.
Some two-place tow planes are the Piper Super Cub, the Citabria, the
Maule, and a model of the Bellanca (all taildraggers). This operator
states that they own one Piper PA 25. The nearest two-seat airplane is
a Maule, which is 200 miles away. The estimated added cost is $200 for
the Maule, and $300 for transportation, overnight accommodations, and
meals.
---------------------------------------------------------------------------
\2\ Based on a record of conversation between Duke Shepard,
USDT, FAA, APO-310 and Nathan Lemmon, President, Memphis Soaring
Society. March 27, 1996.
---------------------------------------------------------------------------
After carefully reviewing this information, the FAA concludes that
some operators may incur added costs associated with eliminating this
option. Given the lack of safety benefits, the FAA is withdrawing the
proposal to eliminate the simulated tow option.
Extensive Use of Ground Trainers and 250-Hour Experience
Requirement for Part 141 Schools. A commenter (No. 2,388) uses ground
trainers extensively. They have found that they can provide more
quality training in this equipment given the cost than they can in
aircraft. Their present part 141-approved instrument course has 30.9
hours in airplanes and 28.7 hours in ground trainers. This commenter
states that their trainers would meet the requirements of proposed
Sec. 141.41(a)(1), but would only be valid for 10 percent of the
course. Consequently, their cost per student would increase by $1,000
and training quality would be greatly reduced. Their present course is
58 hours total time, of which 28 hours are in a ground trainer. Ten
percent of 58 is only about 6 hours, or 22 hours less than present. The
commenter contends that the only way to survive would be to reduce
their course time to 35 hours with 3.5 hours in a ground trainer.
Another commenter addressed the 250-hour experience requirement for
part 141 FAA approved schools. This commenter (No. 2,554) states that
economically the only incentive to retain part 141 status would be the
5-hour reduction in flight time required for the private pilot and
instrument rating courses. The small difference in flight hours would
not offset the internal cost of completing flight instructor ground
training requirements and conducting flight competency check rides.
A third commenter (No. 4,938) argues that proposed part 141
Appendix D--Commercial Pilot Certification Course would now require
pilot flight time to increase from 190 hours to 250 hours. At his pilot
school, this would increase the cost of the commercial certificate for
their students by $3,360 to $4,260 depending on the mix of dual or solo
flight time. The only advantage of training under part 141 would be
examining authority by the pilot school and not having to pay a
designated examiner's fee.
FAA Response: The final rule has been changed to reflect the
comments of these individuals. The FAA will allow the use of flight
training devices to bring students up to current requirements. Students
will be issued a certificate after completing the requirements for a
part 141 course. There will be no additional time requirement.
Economic Impact on the Industry. A commenter (No. 3,818) states
that the economic impact of this proposed rule has not been addressed
and that the cost of training will increase without any clear
indication that there will be any benefits.
FAA Response: A summary of the regulatory evaluation to the
proposed rule along with the proposed rule and a copy of the regulatory
evaluation is available in the public docket. In the past decade (as
discussed in the regulatory evaluation) general aviation accidents,
both overall accidents and fatal accidents have decreased in number as
well as in rate per 100,000 aircraft hours. However, the percentage of
total accidents where pilot error is cited as a causal factor has
increased. The analysis for Notice No. 95-11 concludes that although
other areas of accident causes have been addressed, pilot error has yet
to be effectively controlled.
The FAA focused on pilot-error related accidents due to the focus
of this rulemaking on pilot training. All accidents where pilot error
was cited as a cause or a factor are counted in the above stated
percentage of pilot error accidents. For example, accidents occurring
due to weather or equipment failure may also be included in the count
of pilot error accidents. An accident that occurs due to depletion of
fuel that is a result of pilot error is cited as a causal factor. That
way, the FAA defines the number of accidents to be considered by
eliminating accidents that are solely caused by weather, systems,
equipment, instruments, or some other factor not addressed by the
proposed rule.
Biennial Flight Review Class Specific. A commenter (No. 4,557) was
under the impression that the proposed rule would have required BFRs to
be class specific. This commenter provided substantial cost data to the
FAA on his costs should the FAA make BFRs class specific.
FAA Response: The FAA did not propose, nor does the final rule
require, that BFRs be class specific.
Additional Training Required for Operating High Performance
Airplanes. AOPA (No. 5412) discusses the additional training required
for operating high performance airplanes.
[[Page 16297]]
The current regulation defines high performance as having an engine
output of more than 200 horsepower. The proposed rule changed this
definition to include aircraft of 200 horsepower or more. AOPA believes
that this change will impact thousands of pilots and additional
aircraft.
According to AOPA, a significant number of aircraft have been type
certified at 200 horsepower and currently are not included in the high
performance endorsement requirement. By lowering the requirement only
one horsepower, FAA would be placing new training requirements on a
large portion of the pilot community with no justification presented
for the change. AOPA urges the FAA to maintain the current definition
of high performance at more than 200 horsepower.
FAA Response: The FAA has reviewed the information provided by this
and other commenters. The FAA has decided to require separate
endorsements for complex and high performance aircraft. However, the
FAA will not go forward with the proposal to include airplanes with 200
horsepower as high performance airplanes.
Costs and Benefits
The FAA estimates, based on an analysis by Gellman Research
Associates, Inc.3 (GRA), information submitted to the public
docket, that the present value cost of this final rule discounted 7
percent over 10 years is $310,000. The only provision adding
significant costs is final Sec. 61.101.
---------------------------------------------------------------------------
\3\ The basis for this analysis is Work Order No. 27 of
Contract DTFA01-88-C-00059 by Gellman Research Associates, Inc.
(GRA), titled: ``Regulatory Evaluation, Initial Regulatory
Flexibility Determination, and Trade Impact Assessment Notice of
Proposed Rulemaking to Revise 14 CFR Part 61, 14 CFR Part 141, and
14 CFR Part 143.'' Jenkinton, Pennsylvania. December 23, 1992.
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Section 61.65, which modifies the flight time requirement for an
instrument rating provides the greatest cost savings at $14.6 million
annually ($102.54 million discounted or 38.6 percent of $265 million).
The FAA has determined that the final rule is cost-beneficial.
International Trade Impact Analysis
The Office of Management and Budget (OMB) requires Federal agencies
to determine whether any rule or regulation will have an impact on
international trade. The revisions discussed in this report primarily
affect the domestic operations of individual pilots, flight
instructors, and ground instructors, not of business entities. In the
case of pilot schools or aircraft operators, it is not likely that the
services produced by these entities would involve international trade
flows of aviation products or services and thus do not impact trade
opportunities for U.S. firms doing business overseas and foreign firms
doing business in the United States. Thus, the changes will have no
impact on trade opportunities for U.S. firms doing business overseas or
foreign firms doing business in the United States.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Act) (Public Law 96-354;
September 19, 1980) was passed by Congress to ensure that small
entities are not overly burdened by government regulations relative to
large entities. Because laws and regulations designed for large
entities have been applied uniformly to small businesses without regard
to scale or resources, Federal rules may impose ``unnecessarily and
disproportionately burdensome demands'' upon small entities.
As a result, this Act required all Federal agencies, including the
FAA to determine whether any proposed regulation would have ``a
significant economic impact on a substantial number of small
entities.'' The existence of such an impact might lead to alternative
regulatory approaches that would recognize differences between the
ability of small and large entities to fulfill regulatory requirements.
All of the major changes to the rules affect pilots, flight
instructors, and ground instructors, who are individuals rather than
business entities or government entities. The revisions that impact
pilot schools do not exceed the cost-threshold level, as found in FAA
Order 2100.14A, ``Regulatory Flexibility Criteria and Guidance''
(September 1986). In fact, as this report shows, the final rule would
result in net annual cost savings of about $3,000 for all pilot
schools. The FAA has determined that the revisions will not have a
significant economic impact on a substantial number of small entities.
Federalism Implications
The regulation herein will 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 will not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control number assigned to the
collection of information for Sec. 61.3 is 2120-0034. The valid OMB
control number assigned to the collection of information for
Secs. 61.13 through 61.197 is 2120-0021. The valid OMB control number
assigned to the collection of information for part 141 is 2120-0009.
Unfunded Mandates Reform Act Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year.
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officials (or their designees) of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that would impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section
204(a), provides that before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other things, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals.
This proposed rule does not meet the cost thresholds described
above. Furthermore, this proposed rule would not impose a significant
cost on small governments and would not uniquely affect those small
governments. Therefore, the requirements of Title II of the Unfunded
Mandates Reform Act of 1995 do not apply.
[[Page 16298]]
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 a ``significant regulatory action'' under Executive Order
12866. In addition, the FAA certifies that this rule will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. This rule is considered significant under DOT Order
2100.5, ``Policies and Procedures for Simplification, Analysis, and
Review of Regulations.'' A regulatory evaluation of the rule, including
the Regulatory Flexibility Determination and International Trade Impact
Analysis, has been placed in the docket.
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 61
Air safety, Aircraft, Aircraft pilots, Airmen, Airplanes, Aviation
safety, Compensation, Education, Foreign persons, Helicopters, Pilots,
Rotorcraft, Safety, Students, Teachers, Transportation.
14 CFR Part 141
Air safety, Air transportation, Aircraft pilots, Airmen, Airplanes,
Aviation safety, Balloons, Education, Educational facilities,
Helicopters, Pilots, Rotorcraft, Safety, Schools, Students, Teachers,
Transportation.
14 CFR Part 143
Air safety, Air transportation, Airmen, Airplanes, Aviation safety,
Education, Educational Facilities, Safety, Students, Teachers,
Transportation.
The Amendments
In consideration of the foregoing and under the authority of 49
U.S.C. 44702, the FAA amends parts 1, 61, 141, and 143 of the Federal
Aviation Regulations (14 CFR parts 1, 61, 141, and 143) as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
2. Section 1.1 is amended by revising the definitions of balloon,
flight time, and pilot in command, and adding the definition of
powered-lift to read as follows:
Sec. 1.1 General definitions.
* * * * *
Balloon means a lighter-than-air aircraft that is not engine
driven, and that sustains flight through the use of either gas buoyancy
or an airborne heater.
* * * * *
Flight time means:
(1) Pilot time that commences when an aircraft moves under its own
power for the purpose of flight and ends when the aircraft comes to
rest after landing; or
(2) For a glider without self-launch capability, pilot time that
commences when the glider is towed for the purpose of flight and ends
when the glider comes to rest after landing.
* * * * *
Pilot in command means the person who:
(1) Has final authority and responsibility for the operation and
safety of the flight;
(2) Has been designated as pilot in command before or during the
flight; and
(3) Holds the appropriate category, class, and type rating, if
appropriate, for the conduct of the flight.
* * * * *
Powered-lift means a heavier-than-air aircraft capable of vertical
takeoff, vertical landing, and low speed flight that depends
principally on engine-driven lift devices or engine thrust for lift
during these flight regimes and on nonrotating airfoil(s) for lift
during horizontal flight.
* * * * *
3. Part 61 is revised to read as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
SPECIAL FEDERAL AVIATION REGULATIONS
SFAR 58 [NOTE]
SFAR 73
Subpart A--General
Sec.
61.1 Applicability and definitions.
61.2 Certification of foreign pilots, flight instructors, and
ground instructors.
61.3 Requirement for certificates, ratings, and authorizations.
61.4 Approval of flight simulators and flight training devices.
61.5 Certificates and ratings issued under this part.
61.7 Obsolete certificates and ratings.
61.9 [Reserved]
61.11 Expired pilot certificates and reissuance.
61.13 Issuance of airman certificates, ratings, and authorizations.
61.14 Refusal to submit to a drug or alcohol test.
61.15 Offenses involving alcohol or drugs.
61.16 Refusal to submit to an alcohol test or to furnish test
results.
61.17 Temporary certificate.
61.19 Duration of pilot and instructor certificates.
61.21 Duration of a Category II and a Category III pilot
authorization (for other than part 121 and part 135 use).
61.23 Medical certificates: Requirement and duration.
61.25 Change of name.
61.27 Voluntary surrender or exchange of certificate.
61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
61.31 Type rating requirements, additional training, and
authorization requirements.
61.33 Tests: General procedure.
61.35 Knowledge test: Prerequisites and passing grades.
61.37 Knowledge tests: Cheating or other unauthorized conduct.
61.39 Prerequisites for practical tests.
61.41 Flight training received from flight instructors not
certificated by the FAA.
61.43 Practical tests: General procedures.
61.45 Practical tests: Required aircraft and equipment.
61.47 Status of an examiner who is authorized by the Administrator
to conduct practical tests.
61.49 Retesting after failure.
61.51 Pilot logbooks.
61.53 Prohibition on operations during medical deficiency.
61.55 Second-in-command qualifications.
61.56 Flight review.
61.57 Recent flight experience: Pilot in command.
61.58 Pilot-in-command proficiency check: Operation of aircraft
requiring more than one pilot.
61.59 Falsification, reproduction, or alteration of applications,
certificates, logbooks, reports, or records.
61.60 Change of address.
Subpart B--Aircraft Ratings and Pilot Authorizations
61.61 Applicability.
61.63 Additional aircraft ratings (other than airline transport
pilot).
61.64 [Reserved].
61.65 Instrument rating requirements.
61.67 Category II pilot authorization requirements.
61.68 Category III pilot authorization requirements.
61.69 Glider towing: Experience and training requirements.
61.71 Graduates of an approved training program other than under
this part: Special rules.
61.73 Military pilots or former military pilots: Special rules.
61.75 Private pilot certificate issued on the basis of a foreign
pilot license.
[[Page 16299]]
61.77 Special purpose pilot authorization: Operation of U.S.-
registered civil aircraft leased by a person who is not a U.S.
citizen.
Subpart C--Student Pilots
61.81 Applicability.
61.83 Eligibility requirements for student pilots.
61.85 Application.
61.87 Solo requirements for student pilots.
61.89 General limitations.
61.91 [Reserved]
61.93 Solo cross-country flight requirements.
61.95 Operations in Class B airspace and at airports located within
Class B airspace.
Subpart D--Recreational Pilots
61.96 Applicability and eligibility requirements: General.
61.97 Aeronautical knowledge.
61.98 Flight proficiency.
61.99 Aeronautical experience.
61.100 Pilots based on small islands.
61.101 Recreational pilot privileges and limitations.
Subpart E--Private Pilots
61.102 Applicability.
61.103 Eligibility requirements: General.
61.105 Aeronautical knowledge.
61.107 Flight proficiency.
61.109 Aeronautical experience.
61.110 Night flying exceptions.
61.111 Cross-country flights: Pilots based on small islands.
61.113 Private pilot privileges and limitations: Pilot in command.
61.115 Balloon rating: Limitations.
61.117 Private pilot privileges and limitations: Second in command
of aircraft requiring more than one pilot.
61.118--61.120 [Reserved].
Subpart F--Commercial Pilots
61.121 Applicability.
61.123 Eligibility requirements: General.
61.125 Aeronautical knowledge.
61.127 Flight proficiency.
61.129 Aeronautical experience.
61.131 Exceptions to the night flying requirements.
61.133 Commercial pilot privileges and limitations.
61.135--61.141 [Reserved]
Subpart G--Airline Transport Pilots
61.151 Applicability.
61.153 Eligibility requirements: General.
61.155 Aeronautical knowledge.
61.157 Flight proficiency.
61.158 [Reserved]
61.159 Aeronautical experience: Airplane category rating.
61.161 Aeronautical experience: Rotorcraft category and helicopter
class rating.
61.163 Aeronautical experience: Powered-lift category rating.
61.165 Additional aircraft category and class ratings.
61.167 Privileges.
61.169--61.171 [Reserved]
Subpart H--Flight Instructors
61.181 Applicability.
61.183 Eligibility requirements.
61.185 Aeronautical knowledge.
61.187 Flight proficiency.
61.189 Flight instructor records.
61.191 Additional flight instructor ratings.
61.193 Flight instructor privileges.
61.195 Flight instructor limitations and qualifications.
61.197 Renewal of flight instructor certificates.
61.199 Expired flight instructor certificates and ratings.
61.201 [Reserved]
Subpart I--Ground Instructors
61.211 Applicability.
61.213 Eligibility requirements.
61.215 Ground instructor privileges.
61.217 Currency requirements.
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
SPECIAL FEDERAL AVIATION REGULATIONS
SFAR No. 58
Editorial Note: For the text of SFAR No. 58, see part 121 of
this chapter.
SFAR NO. 73--ROBINSON R-22/R-44 SPECIAL TRAINING AND EXPERIENCE
REQUIREMENTS
Sections
1. Applicability.
2. Required training, aeronautical experience, endorsements, and
flight review.
3. Expiration date.
1. Applicability. Under the procedures prescribed herein, this
SFAR applies to all persons who seek to manipulate the controls or
act as pilot in command of a Robinson model R-22 or R-44 helicopter.
The requirements stated in this SFAR are in addition to the current
requirements of part 61.
2. Required training, aeronautical experience, endorsements, and
flight review.
(a) Awareness Training:
(1) Except as provided in paragraph (a)(2) of this section, no
person may manipulate the controls of a Robinson model R-22 or R-44
helicopter after March 27, 1995, for the purpose of flight unless
the awareness training specified in paragraph (a)(3) of this section
is completed and the person's logbook has been endorsed by a
certified flight instructor authorized under paragraph (b)(5) of
this section.
(2) A person who holds a rotorcraft category and helicopter
class rating on that person's pilot certificate and meets the
experience requirements of paragraph (b)(1) or paragraph (b)(2) of
this section may not manipulate the controls of a Robinson model R-
22 or R-44 helicopter for the purpose of flight after April 26,
1995, unless the awareness training specified in paragraph (a)(3) of
this section is completed and the person's logbook has been endorsed
by a certified flight instructor authorized under paragraph (b)(5)
of this section.
(3) Awareness training must be conducted by a certified flight
instructor who has been endorsed under paragraph (b)(5) of this
section and consists of instruction in the following general subject
areas:
(i) Energy management;
(ii) Mast bumping;
(iii) Low rotor RPM (blade stall);
(iv) Low G hazards; and
(v) Rotor RPM decay.
(4) A person who can show satisfactory completion of the
manufacturer's safety course after January 1, 1994, may obtain an
endorsement from an FAA aviation safety inspector in lieu of
completing the awareness training required in paragraphs (a)(1) and
(a)(2) of this section.
(b) Aeronautical Experience:
(1) No person may act as pilot in command of a Robinson model R-
22 unless that person:
(i) Has had at least 200 flight hours in helicopters, at least
50 flight hours of which were in the Robinson R-22; or
(ii) Has had at least 10 hours dual instruction in the Robinson
R-22 and has received an endorsement from a certified flight
instructor authorized under paragraph (b)(5) of this section that
the individual has been given the training required by this
paragraph and is proficient to act as pilot in command of an R-22.
Beginning 12 calendar months after the date of the endorsement, the
individual may not act as pilot in command unless the individual has
completed a flight review in an R-22 within the preceding 12
calendar months and obtained an endorsement for that flight review.
The dual instruction must include at least the following abnormal
and emergency procedures flight training:
(A) Enhanced training in autorotation procedures,
(B) Engine rotor RPM control without the use of the governor,
(C) Low rotor RPM recognition and recovery, and
(D) Effects of low G maneuvers and proper recovery procedures.
(2) No person may act as pilot in command of a Robinson model R-
44 unless that person:
(i) Has had at least 200 flight hours in helicopters, at least
50 flight hours of which were in the Robinson R-44; or
(ii) Has had at least 10 hours dual instruction in the Robinson
R-44, and has received an endorsement from a certified flight
instructor authorized under paragraph
[[Page 16300]]
(b)(5) of this section that the individual has been given the
training required by this paragraph and is proficient to act as
pilot in command of an R-44. Beginning 12 calendar months after the
date of the endorsement, the individual may not act as pilot in
command unless the individual has completed a flight review in an R-
44 within the preceding 12 calendar months and obtained an
endorsement for that flight review. The dual instruction must
include at least the following abnormal and emergency procedures
flight training:
(A) Enhanced training in autorotation procedures,
(B) Engine rotor RPM control without the use of the governor,
(C) Low rotor RPM recognition and recovery, and
(D) Effects of low G maneuvers and proper recovery procedures.
(3) A person who does not hold a rotorcraft category and
helicopter class rating must have had at least 20 hours of dual
instruction in a Robinson R-22 helicopter prior to operating it in
solo flight. In addition, the person must obtain an endorsement from
a certified flight instructor authorized under paragraph (b)(5) of
this section that instruction has been given in those maneuvers and
procedures, and the instructor has found the applicant proficient to
solo a Robinson R-22. This endorsement is valid for a period of 90
days. The dual instruction must include at least the following
abnormal and emergency procedures flight training:
(i) Enhanced training in autorotation procedures,
(ii) Engine rotor RPM control without the use of the governor,
(iii) Low rotor RPM recognition and recovery, and
(iv) Effects of low G maneuvers and proper recovery procedures.
(4) A person who does not hold a rotorcraft category and
helicopter class rating must have had at least 20 hours of dual
instruction in a Robinson R-44 helicopter prior to operating it in
solo flight. In addition, the person must obtain an endorsement from
a certified flight instructor authorized under paragraph (b)(5) of
this section that instruction has been given in those maneuvers and
procedures, and the instructor has found the applicant proficient to
solo a Robinson R-44. This endorsement is valid for a period of 90
days. The dual instruction must include at least the following
abnormal and emergency procedures flight training:
(i) Enhanced training in autorotation procedures,
(ii) Engine rotor RPM control without the use of the governor,
(iii) Low rotor RPM recognition and recovery, and
(iv) Effects of low G maneuvers and proper recovery procedures.
(5) No certified flight instructor may provide instruction or
conduct a flight review in a Robinson model R-22 or R-44 unless that
instructor:
(i) Completes the awareness training in paragraph (2)(a) of this
SFAR;
(ii) Meets the experience requirements of paragraph 2(b)(1)(i)
of this SFAR for the R-22, or paragraph 2(b)(2)(i) of this SFAR for
the R-44;
(iii) Has completed flight training in an R-22, R-44, or both,
on the following abnormal and emergency procedures:
(A) Enhanced training in autorotation procedures,
(B) Engine rotor RPM control without the use of the governor,
(C) Low rotor RPM recognition and recovery, and
(D) Effects of low G maneuvers and proper recovery procedures.
(iv) Been authorized by endorsement from an FAA aviation safety
inspector or authorized designated examiner that the instructor has
completed the appropriate training, meets the experience
requirements, and has satisfactorily demonstrated an ability to
provide instruction on the general subject areas of paragraph
2(a)(3) of this SFAR, and the flight training identified in
paragraph 2(b)(5)(iii) of this SFAR.
(c) Flight Review:
(1) No flight review completed to satisfy Sec. 61.56 by an
individual after becoming eligible to function as pilot in command
in a Robinson R-22 helicopter shall be valid for the operation of R-
22 helicopter unless that flight review was taken in an R-22.
(2) No flight review completed to satisfy Sec. 61.56 by
individual after becoming eligible to function as pilot in command
in a Robinson R-44 helicopter shall be valid for the operation of R-
44 helicopter unless that flight review was taken in the R-44.
(3) The flight review will include a review of the awareness
training subject areas of paragraph 2(a)(3) of this SFAR and the
flight training identified in paragraph 2(b) of this SFAR.
(d) Currency Requirements: No person may act as pilot in command
of a Robinson model R-22 or R-44 helicopter carrying passengers
unless the pilot in command has met the recency of flight experience
requirements of Sec. 61.57 in an R-22 or R-44, as appropriate.
3. Expiration date. This SFAR expires December 31, 1997, unless
sooner superseded or rescinded.
Subpart A--General
Sec. 61.1 Applicability and definitions.
(a) This part prescribes:
(1) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings; the conditions under which
those certificates and ratings are necessary; and the privileges and
limitations of those certificates and ratings.
(2) The requirements for issuing pilot, flight instructor, and
ground instructor authorizations; the conditions under which those
authorizations are necessary; and the privileges and limitations of
those authorizations.
(3) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings for persons who have taken
courses approved by the Administrator under other parts of this
chapter.
(b) For the purpose of this part:
(1) Aeronautical experience means pilot time obtained in an
aircraft, approved flight simulator, or approved flight training device
for meeting the appropriate training and flight time requirements for
an airman certificate, rating, flight review, or recency of flight
experience requirements of this part.
(2) Authorized instructor means--
(i) A person who holds a valid ground instructor certificate issued
under part 61 or part 143 of this chapter when conducting ground
training in accordance with the privileges and limitations of his or
her ground instructor certificate;
(ii) A person who holds a current flight instructor certificate
issued under part 61 of this chapter when conducting ground training or
flight training in accordance with the privileges and limitations of
his or her flight instructor certificate; or
(iii) A person authorized by the Administrator to provide ground
training or flight training under SFAR No. 58, or part 61, 121, 135, or
142 of this chapter when conducting ground training or flight training
in accordance with that authority.
(3) Cross-country time means that time obtained in flight in an
aircraft and, except as provided in paragraph (b)(3)(iv) of this
section, each flight must include a landing at a point other than the
point of departure, and--
(i) The person must--
(A) Hold a pilot certificate issued under this part; and
(B) Use dead reckoning, pilotage, electronic navigation aids, radio
aids, or other navigation systems to navigate to the landing point.
(ii) For the purpose of meeting the cross-country time eligibility
requirements for a private pilot certificate (except with a rotorcraft
rating), commercial pilot certificate, or an instrument rating, any
point of landing must be at least a straight-line distance of more than
50 nautical miles from the original point of departure.
(iii) For the purpose of meeting the cross-country time eligibility
requirements for a private pilot certificate with a rotorcraft rating,
any point of landing must be at least a straight-line distance of more
than 25 nautical miles from the original point of departure.
(iv) For a commercial pilot, airline transport pilot, or a military
pilot who is qualified for a commercial pilot certificate under
Sec. 61.73 of this part,
[[Page 16301]]
cross-country time includes a flight that is at least a straight-line
distance of more than 50 nautical miles from the original point of
departure and uses dead reckoning, pilotage, electronic navigation
aids, radio aids, or other navigation systems.
(4) Examiner means any person who is authorized by the
Administrator to conduct a pilot proficiency test or a practical test
for an airman certificate or rating issued under this part, or a person
who is authorized to conduct a knowledge test under this part.
(5) Flight simulator means a device that--
(i) Is a full-size aircraft cockpit replica of a specific type of
aircraft, or make, model, and series of aircraft;
(ii) Includes the hardware and software necessary to represent the
aircraft in ground operations and flight operations;
(iii) Uses a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(iv) Uses a visual system that provides at least a 45 degree
horizontal field of view and a 30 degree vertical field of view
simultaneously for each pilot; and
(v) Has been evaluated, qualified, and approved by the
Administrator.
(6) Flight training means that training, other than ground
training, received from an authorized instructor in flight in an
aircraft.
(7) Flight training device means a device that--
(i) Is a full-size replica of the instruments, equipment, panels,
and controls of an aircraft, or set of aircraft, in an open flight deck
area or in an enclosed cockpit, including the hardware and software for
the systems installed, that is necessary to simulate the aircraft in
ground and flight operations;
(ii) Need not have a force (motion) cueing or visual system; and
(iii) Has been evaluated, qualified, and approved by the
Administrator.
(8) Ground training means that training, other than flight
training, received from an authorized instructor.
(9) Instrument approach means an approach procedure defined in part
97 of this chapter.
(10) Instrument training means that time in which instrument
training is received from an authorized instructor under actual or
simulated instrument conditions.
(11) Knowledge test means a test on the aeronautical knowledge
areas required for an airman certificate or rating that can be
administered in written form or by a computer.
(12) Pilot time means that time in which a person--
(i) Serves as a required pilot;
(ii) Receives training from an authorized instructor in an
aircraft, approved flight simulator, or approved flight training
device; or
(iii) Gives training as an authorized instructor in an aircraft,
approved flight simulator, or approved flight training device.
(13) Practical test means a test on the areas of operations for an
airman certificate, rating, or authorization that is conducted by
having the applicant respond to questions and demonstrate maneuvers in
flight, in an approved flight simulator, or in an approved flight
training device.
(14) Set of aircraft means aircraft that share similar performance
characteristics, such as similar airspeed and altitude operating
envelopes, similar handling characteristics, and the same number and
type of propulsion systems.
(15) Training time means training received--
(i) In flight from an authorized instructor;
(ii) On the ground from an authorized instructor; or
(iii) In an approved flight simulator or approved flight training
device from an authorized instructor.
Sec. 61.2 Certification of foreign pilots, flight instructors, and
ground instructors.
(a) Except as provided for in paragraph (b) of this section, an
airman certificate may not be issued to a person who is not a citizen
of the United States or a resident alien of the United States unless
that person passes the appropriate knowledge or practical test within
the United States.
(b) A person who is not a citizen of the United States or a
resident alien of the United States may be issued an airman
certificate, and the knowledge test and practical test for that
certificate may be administered outside the United States when:
(1) The Administrator determines the person needs a pilot
certificate to operate as a required pilot crewmember of a civil
aircraft of U.S. registry;
(2) The Administrator determines the person needs a flight
instructor certificate or ground instructor certificate to train
persons who are citizens of the United States;
(3) The certificate is for an addition of a category, class,
instrument, or type rating onto an existing U.S. pilot certificate,
provided the certificate is not one that was issued on the basis of a
foreign pilot license;
(4) The certificate is for an addition, renewal, or reinstatement
of a category, class, or instrument rating onto an existing U.S. flight
instructor certificate; or
(5) The certificate is for an addition of a rating onto an existing
U.S. ground instructor certificate.
(c) 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 of and
endorsements to certificates issued under this part, and issue
additional ratings and provide 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.
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
(a) Pilot certificate. A person may not act as pilot in command or
in any other capacity as a required pilot of a civil aircraft of U.S.
registry, unless that person has a valid pilot certificate or special
purpose pilot authorization issued under this part in that person's
physical possession or readily accessible in the aircraft when
exercising the privileges of that pilot certificate or authorization.
However, when the aircraft is operated within a foreign country, a
current pilot license issued by the country in which the aircraft is
operated may be used.
(b) Required pilot certificate for operating a foreign-registered
aircraft. A person may not act as pilot in command or in any other
capacity as a required pilot of a civil aircraft of foreign registry
within the United States, unless that person's pilot certificate:
(1) Is valid and in that person's physical possession, or readily
accessible in the aircraft when exercising the privileges of that pilot
certificate; and
(2) Has been issued under this part, or has been issued or
validated by the country in which the aircraft is registered.
(c) Medical certificate. (1) Except as provided for in paragraph
(c)(2) of this section, a person who is acting as pilot in command or
in any other capacity as a required crewmember under any part of this
chapter must have a current and appropriate medical certificate, or
other documentation acceptable to the Administrator, that has been
issued under part 67 of this chapter and is in the person's physical
possession or readily accessible in the aircraft.
[[Page 16302]]
(2) A person is not required to meet the requirements of paragraph
(c)(1) of this section if that person--
(i) Is exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a glider category rating or
balloon class rating;
(ii) Is holding a pilot certificate with a balloon class rating and
is piloting or providing training in a balloon as appropriate;
(iii) Is holding a pilot certificate or a flight instructor
certificate with a glider category rating, and is piloting or providing
training in a glider, as appropriate;
(iv) Except as provided in paragraph (c)(2)(iii) of this section,
is exercising the privileges of a flight instructor certificate,
provided the person is not acting as pilot in command or as a required
crewmember;
(v) Is exercising the privileges of a ground instructor
certificate;
(vi) Is operating an aircraft within a foreign country using a
pilot license issued by that country and possesses evidence of current
medical qualification for that license; or
(vii) Is operating an aircraft with a U.S. pilot certificate,
issued on the basis of a foreign pilot license, issued under Sec. 61.75
of this part, and holds a current medical certificate issued by the
foreign country that issued the foreign pilot license, which is in that
person's physical possession or readily accessible in the aircraft when
exercising the privileges of that airman certificate.
(d) Flight instructor certificate. (1) A person who holds a flight
instructor certificate must have that certificate, or other
documentation acceptable to the Administrator, in that person's
physical possession or readily accessible in the aircraft when
exercising the privileges of that flight instructor certificate.
(2) Except as provided in paragraph (d)(3) of this section, no
person other than the holder of a flight instructor certificate with
the appropriate rating on that certificate may--
(i) Give training required to qualify a person for solo flight and
solo cross-country flight;
(ii) Endorse an applicant for a pilot, flight instructor, or ground
instructor certificate or rating issued under this part;
(iii) Endorse a pilot logbook to show training given; or
(iv) Endorse a student pilot certificate and logbook for solo
operating privileges.
(3) A flight instructor certificate is not necessary if the
training is given by--
(i) The holder of a commercial pilot certificate with a lighter-
than-air rating, provided the training is given in accordance with the
privileges of the certificate in a lighter-than-air aircraft;
(ii) The holder of an airline transport pilot certificate with a
rating appropriate to the aircraft in which the training is given,
provided the training is given in accordance with the privileges of the
certificate and conducted in accordance with an approved air carrier
training program approved under part 121 or 135 of this chapter;
(iii) A person who is qualified in accordance with subpart C of
part 142 of this chapter, provided the training is conducted in
accordance with an approved part 142 training program;
(iv) A flight instructor not certificated by the FAA in accordance
with Sec. 61.41 of this part; or
(v) The holder of a ground instructor certificate in accordance
with the privileges of the certificate.
(e) Instrument rating. No person may act as pilot in command of a
civil aircraft under IFR or in weather conditions less than the
minimums prescribed for VFR flight unless that person holds:
(1) The appropriate aircraft category, class, type (if required),
and instrument rating on that person's pilot certificate for any
airplane, helicopter, or powered-lift being flown;
(2) An airline transport pilot certificate with the appropriate
aircraft category, class, and type rating (if required) for the
aircraft being flown;
(3) For a glider, a pilot certificate with a glider category rating
and an airplane instrument rating; or
(4) For an airship, a commercial pilot certificate with a lighter-
than-air category rating and airship class rating.
(f) Category II pilot authorization. Except for a pilot conducting
Category II operations under part 121 or part 135, a person may not:
(1) Act as pilot in command of a civil aircraft during Category II
operations unless that person--
(i) 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, is
authorized by the country of registry to act as pilot in command of
that aircraft in Category II operations.
(2) 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
(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.
(g) Category III pilot authorization. Except for a pilot conducting
Category III operations under part 121 or part 135, a person may not:
(1) Act as pilot in command of a civil aircraft during Category III
operations unless that person--
(i) 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, is
authorized by the country of registry to act as pilot in command of
that aircraft in Category III operations.
(2) 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.
(h) Category A aircraft pilot authorization. The Administrator may
issue a certificate of authorization for a Category II or Category III
operation to the pilot of a small aircraft that is a Category A
aircraft, as identified in Sec. 97.3(b)(1) of this chapter if:
(1) The Administrator determines that the Category II or Category
III operation can be performed safely by that pilot under the terms of
the certificate of authorization; and
(2) The Category II or Category III operation does not involve the
carriage of persons or property for compensation or hire.
(i) Ground instructor certificate. (1) Each person who holds a
ground instructor certificate must have that certificate in that
person's physical possession or immediately accessible when exercising
the privileges of that certificate.
(2) Except as provided in paragraph (d) of this section, no person
other than the holder of a ground instructor certificate with the
appropriate rating on that certificate or a person authorized by the
Administrator may--
[[Page 16303]]
(i) Give ground training required to qualify a person for solo
flight and solo cross-country flight;
(ii) Endorse an applicant for a knowledge test required for a
pilot, flight instructor, or ground instructor certificate or rating
issued under this part; or
(iii) Endorse a pilot logbook to show ground training given.
(j) Age limitation for certain operations.
(1) Age limitation. Except as provided in paragraph (j)(3) of this
section, no person who holds a pilot certificate issued under this part
shall serve as a pilot on a civil airplane of U.S. registry in the
following operations if the person has reached his or her 60th
birthday--
(i) Scheduled international air services carrying passengers in
turbojet-powered airplanes;
(ii) Scheduled international air services carrying passengers in
airplanes having a passenger-seat configuration of more than nine
passenger seats, excluding each crewmember seat;
(iii) Nonscheduled international air transportation for
compensation or hire in airplanes having a passenger-seat configuration
of more than 30 passenger seats, excluding each crewmember seat; or
(iv) Scheduled international air services, or nonscheduled
international air transportation for compensation or hire, in airplanes
having a payload capacity of more than 7,500 pounds.
(2) Definitions. (i) ``International air service,'' as used in
paragraph (j) of this section, means scheduled air service performed in
airplanes for the public transport of passengers, mail, or cargo, in
which the service passes through the airspace over the territory of
more than one country.
(ii) ``International air transportation,'' as used in paragraph (j)
of this section, means air transportation performed in airplanes for
the public transport of passengers, mail, or cargo, in which the
service passes through the airspace over the territory of more than one
country.
(3) Delayed pilot age limitation. Until December 20, 1999, a person
may serve as a pilot in operations covered by this paragraph after that
person has reached his or her 60th birthday if, on March 20, 1997, that
person was employed as a pilot in operations covered by this paragraph.
(k) Special purpose pilot authorization. Any person that is
required to hold a special purpose pilot authorization, issued in
accordance with Sec. 61.77 of this part, must have that authorization
and the person's foreign pilot license in that person's physical
possession or have it readily accessible in the aircraft when
exercising the privileges of that authorization.
(l) Inspection of certificate. Each person who holds an airman
certificate, medical certificate, authorization, or license required by
this part must present it for inspection upon a request from:
(1) The Administrator;
(2) An authorized representative of the National Transportation
Safety Board; or
(3) Any Federal, State, or local law enforcement officer.
Sec. 61.4 Approval of flight simulators and flight training devices.
(a) Except as specified in paragraph (b) or (c) of this section,
each flight simulator and flight training device used for training, and
for which an airman is to receive credit to satisfy any training,
testing, or checking requirement under this chapter, must be approved
by the Administrator for--
(1) The training, testing, and checking for which it is used;
(2) Each particular maneuver, procedure, or crewmember function
performed; and
(3) The representation of the specific category and class of
aircraft, type of aircraft, particular variation within the type of
aircraft, or set of aircraft for certain flight training devices.
(b) Any device used for flight training, testing, or checking that
has been determined to be acceptable to or approved by the
Administrator prior to August 1, 1996, which can be shown to function
as originally designed, is considered to be a flight training device,
provided it is used for the same purposes for which it was originally
accepted or approved and only to the extent of such acceptance or
approval.
(c) The Administrator may approve a device other than a flight
training simulator or flight training device for specific purposes.
Sec. 61.5 Certificates and ratings issued under this part.
(a) The following certificates are issued under this part to an
applicant who satisfactorily accomplishes the training and
certification requirements for the certificate sought:
(1) Pilot certificates--
(i) Student pilot.
(ii) Recreational pilot.
(iii) Private pilot.
(iv) Commercial pilot.
(v) Airline transport pilot.
(2) Flight instructor certificates.
(3) Ground instructor certificates.
(b) The following ratings are placed on a pilot certificate (other
than student pilot) when an applicant satisfactorily accomplishes the
training and certification requirements for the rating sought:
(1) Aircraft category ratings--
(i) Airplane.
(ii) Rotorcraft.
(iii) Glider.
(iv) Lighter-than-air.
(v) Powered-lift.
(2) Airplane class ratings--
(i) Single-engine land.
(ii) Multiengine land.
(iii) Single-engine sea.
(iv) Multiengine sea.
(3) Rotorcraft class ratings--
(i) Helicopter.
(ii) Gyroplane.
(4) Lighter-than-air class ratings--
(i) Airship.
(ii) Balloon.
(5) Aircraft type ratings--
(i) Large aircraft other than lighter-than-air.
(ii) Turbojet-powered airplanes.
(iii) Other aircraft type ratings specified by the Administrator
through the aircraft type certification procedures.
(6) Instrument ratings (on private and commercial pilot
certificates only)--
(i) Instrument--Airplane.
(ii) Instrument--Helicopter.
(iii) Instrument--Powered-lift.
(c) The following ratings are placed on a flight instructor
certificate when an applicant satisfactorily accomplishes the training
and certification requirements for the rating sought:
(1) Aircraft category ratings--
(i) Airplane.
(ii) Rotorcraft.
(iii) Glider.
(iv) Powered-lift.
(2) Airplane class ratings--
(i) Single-engine.
(ii) Multiengine.
(3) Rotorcraft class ratings--
(i) Helicopter.
(ii) Gyroplane.
(4) Instrument ratings--
(i) Instrument--Airplane.
(ii) Instrument--Helicopter.
(iii) Instrument--Powered-lift.
(d) The following ratings are placed on a ground instructor
certificate when an applicant satisfactorily accomplishes the training
and certification requirements for the rating sought:
(1) Basic.
(2) Advanced.
(3) Instrument.
Sec. 61.7 Obsolete certificates and ratings.
(a) The holder of a free-balloon pilot certificate issued before
November 1, 1973, may not exercise the privileges of that certificate.
(b) The holder of a pilot certificate that bears any of the
following category
[[Page 16304]]
ratings without an associated class rating may not exercise the
privileges of that category rating:
(1) Rotorcraft.
(2) Lighter-than-air.
(3) Helicopter.
(4) Autogyro.
Sec. 61.9 [Reserved]
Sec. 61.11 Expired pilot certificates and reissuance.
(a) No person who holds an expired pilot certificate or rating may:
(1) Exercise the privileges of that pilot certificate or rating; or
(2) Act as pilot in command or as a required crewmember of an
aircraft of the same category and class specified on the expired pilot
certificate or rating.
(b) The following pilot certificates and ratings have expired and
may not be reissued:
(1) An airline transport pilot certificate issued before May 1,
1949, or an airline transport pilot certificate that contains a
horsepower limitation;
(2) A private or commercial pilot certificate issued before July 1,
1945; and
(3) A pilot certificate with a lighter-than-air or free-balloon
rating issued before July 1, 1945.
(c) A pilot certificate issued on the basis of a foreign pilot
license will expire on the date the foreign license expires.
(d) An airline transport pilot certificate issued after April 30,
1949, that bears an expiration date but does not contain a horsepower
limitation may be reissued without an expiration date.
(e) A private or commercial pilot certificate issued after June 30,
1945, that bears an expiration date may be reissued without an
expiration date.
(f) A pilot certificate with a lighter-than-air or free-balloon
rating issued after June 30, 1945, that bears an expiration date may be
reissued without an expiration date.
(g) A U.S. pilot certificate issued on the basis of a foreign pilot
license that does not have an expiration date may be issued without an
expiration date.
Sec. 61.13 Issuance of airman certificates, ratings, and
authorizations.
(a) An applicant for an airman certificate, rating, or
authorization under this part must make that application on a form and
in a manner acceptable to the Administrator.
(b) An applicant who is neither a citizen of the United States nor
a resident alien of the United States:
(1) Must show evidence that the appropriate fee has been paid when
that person applies for a--
(i) Student pilot certificate that is issued outside the United
States; or
(ii) Knowledge test or practical test for a U.S. airman certificate
or rating issued under this part, if the test is administered outside
the United States.
(2) May be refused issuance of any U.S. airman certificate, rating,
or authorization by the Administrator.
(c) Except as provided in paragraph (b)(2) of this section, an
applicant who satisfactorily accomplishes the training and
certification requirements for the certificate, rating, or
authorization sought is entitled to receive that airman certificate,
rating, or authorization.
(d) Limitations. (1) An applicant who cannot comply with certain
areas of operation required on the practical test because of physical
limitations may be issued an airman certificate, rating, or
authorization with the appropriate limitation placed on the applicant's
airman certificate provided the--
(i) Applicant is able to meet all other certification requirements
for the airman certificate, rating, or authorization sought;
(ii) Physical limitation has been recorded with the FAA on the
applicant's medical records; and
(iii) The Administrator determines that the applicant's inability
to perform the particular area of operation will not adversely affect
safety.
(2) A limitation placed on a person's airman certificate may be
removed, provided that person demonstrates for an examiner satisfactory
proficiency in the area of operation appropriate to the airman
certificate, rating, or authorization sought.
(e) Additional requirements for Category II and Category III pilot
authorizations. (1) A Category II or Category III pilot authorization
is issued by a letter of authorization as a part of an applicant's
instrument rating or airline transport pilot certificate.
(2) Upon original issue the authorization contains the following
limitations--
(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) The limitations on a Category II or Category III pilot
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 pilot authorization, a flight simulator
or flight training device may be used if it is approved by the
Administrator for such use.
(f) Unless otherwise authorized by the Administrator, a person
whose pilot, flight instructor, or ground instructor certificate has
been suspended may not apply for any certificate, rating, or
authorization during the period of suspension.
(g) Unless otherwise authorized by the Administrator, a person
whose pilot, flight instructor, or ground instructor certificate has
been revoked may not apply for any certificate, rating, or
authorization for 1 year after the date of revocation.
Sec. 61.14 Refusal to submit to a drug or alcohol test.
(a) This section applies to an employee who performs a function
listed in appendix I to part 121 or appendix J to part 121 of this
chapter directly or by contract for a part 121 air carrier, a part 135
air carrier, or for a person conducting operations as specified in
Sec. 135.1(a)(5) of this chapter.
(b) Refusal by the holder of a certificate issued under this part
to take a drug test required under the provisions of appendix I to part
121 or an alcohol test required under the provisions of appendix J to
part 121 is grounds for:
(1) Denial of an application for any certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of such refusal; and
(2) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
Sec. 61.15 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or State statute
relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances is grounds
for:
(1) Denial of an application for any certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of final conviction; or
(2) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
[[Page 16305]]
(b) Committing an act prohibited by Sec. 91.17(a) or Sec. 91.19(a)
of this chapter is grounds for:
(1) Denial of an application for a certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of that act; or
(2) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
(c) For the purposes of paragraphs (d), (e), and (f) of this
section, a motor vehicle action means:
(1) A conviction after November 29, 1990, for the violation of any
Federal or State statute relating to the operation of a motor vehicle
while intoxicated by alcohol or a drug, while impaired by alcohol or a
drug, or while under the influence of alcohol or a drug;
(2) The cancellation, suspension, or revocation of a license to
operate a motor vehicle after November 29, 1990, for a cause related to
the operation of a motor vehicle while intoxicated by alcohol or a
drug, while impaired by alcohol or a drug, or while under the influence
of alcohol or a drug; or
(3) The denial after November 29, 1990, of an application for a
license to operate a motor vehicle for a cause related to the operation
of a motor vehicle while intoxicated by alcohol or a drug, while
impaired by alcohol or a drug, or while under the influence of alcohol
or a drug.
(d) Except for a motor vehicle action that results from the same
incident or arises out of the same factual circumstances, a motor
vehicle action occurring within 3 years of a previous motor vehicle
action is grounds for:
(1) Denial of an application for any certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of the last motor vehicle action; or
(2) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
(e) Each person holding a certificate issued under this part shall
provide a written report of each motor vehicle action to the FAA, Civil
Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK
73125, not later than 60 days after the motor vehicle action. The
report must include:
(1) The person's name, address, date of birth, and airman
certificate number;
(2) The type of violation that resulted in the conviction or the
administrative action;
(3) The date of the conviction or administrative action;
(4) The State that holds the record of conviction or administrative
action; and
(5) A statement of whether the motor vehicle action resulted from
the same incident or arose out of the same factual circumstances
related to a previously reported motor vehicle action.
(f) Failure to comply with paragraph (e) of this section is grounds
for:
(1) Denial of an application for any certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of the motor vehicle action; or
(2) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
Sec. 61.16 Refusal to submit to an alcohol test or to furnish test
results.
A refusal to submit to a test to indicate the percentage by weight
of alcohol in the blood, when requested by a law enforcement officer in
accordance with Sec. 91.17(c) of this chapter, or a refusal to furnish
or authorize the release of the test results requested by the
Administrator in accordance with Sec. 91.17(c) or (d) of this chapter,
is grounds for:
(a) Denial of an application for any certificate, rating, or
authorization issued under this part for a period of up to 1 year after
the date of that refusal; or
(b) Suspension or revocation of any certificate, rating, or
authorization issued under this part.
Sec. 61.17 Temporary certificate.
(a) A temporary pilot, flight instructor, or ground instructor
certificate or rating is issued for up to 120 days, at which time a
permanent certificate will be issued to a person whom the Administrator
finds qualified under this part.
(b) A temporary pilot, flight instructor, or ground instructor
certificate or rating expires:
(1) On the expiration date shown on the certificate;
(2) Upon receipt of the permanent certificate; or
(3) Upon receipt of a notice that the certificate or rating sought
is denied or revoked.
Sec. 61.19 Duration of pilot and instructor certificates.
(a) General. The holder of a certificate with an expiration date
may not, after that date, exercise the privileges of that certificate.
(b) Student pilot certificate. A student pilot certificate expires
24 calendar months from the month in which it is issued.
(c) Other pilot certificates. A pilot certificate (other than a
student pilot certificate) issued under this part is issued without a
specific expiration date. The holder of a pilot certificate issued on
the basis of a foreign pilot license may exercise the privileges of
that certificate only while that person's foreign pilot license is
effective.
(d) Flight instructor certificate. A flight instructor certificate:
(1) Is effective only while the holder has a current pilot
certificate; and
(2) Except as specified in Sec. 61.197(b) of this part, expires 24
calendar months from the month in which it was issued or renewed.
(e) Ground instructor certificate. A ground instructor certificate
issued under this part is issued without a specific expiration date.
(f) Surrender, suspension, or revocation. Any certificate issued
under this part ceases to be effective if it is surrendered, suspended,
or revoked.
(g) Return of certificates. The holder of any certificate issued
under this part that has been suspended or revoked must return that
certificate to the FAA when requested to do so by the Administrator.
Sec. 61.21 Duration of a Category II and a Category III pilot
authorization (for other than part 121 and part 135 use).
(a) A Category II pilot authorization or a Category III pilot
authorization expires at the end of the sixth calendar month after the
month in which it was issued or renewed.
(b) Upon passing a practical test for a Category II or Category III
pilot authorization, the authorization may be renewed for each type of
aircraft for which the authorization is held.
(c) A Category II or Category III pilot authorization for a
specific type aircraft for which an authorization is held will not be
renewed beyond 12 calendar months from the month the practical test was
accomplished in that type aircraft.
(d) If the holder of a Category II or Category III pilot
authorization passes the practical test for a renewal in the month
before the authorization expires, the holder is considered to have
passed it during the month the authorization expired.
Sec. 61.23 Medical certificates: Requirement and duration.
(a) Operations requiring a medical certificate. Except as provided
in paragraph (b) of this section, a person:
(1) Must hold a first-class medical certificate when exercising the
privileges of an airline transport pilot certificate;
(2) Must hold at least a second-class medical certificate when
exercising the privileges of a commercial pilot certificate; or
(3) Must hold at least a third-class medical certificate--
[[Page 16306]]
(i) When exercising the privileges of a private pilot certificate;
(ii) When exercising the privileges of a recreational pilot
certificate;
(iii) Except as specified in paragraph (b)(3) of this section, when
exercising the privileges of a student pilot certificate;
(iv) When exercising the privileges of a flight instructor
certificate, except for a flight instructor certificate with a glider
category rating, if the person is acting as the pilot in command or is
serving as a required crewmember; or
(v) Except for a glider category rating or a balloon class rating,
prior to taking a practical test that is performed in an aircraft for a
certificate or rating at the recreational, private, commercial, or
airline transport pilot certificate level.
(b) Operations not requiring a medical certificate. A person is not
required to hold a medical certificate:
(1) When exercising the privileges of a pilot certificate with a
glider category rating;
(2) When exercising the privileges of a pilot certificate with a
balloon class rating;
(3) When exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a glider category rating or
balloon class rating;
(4) When exercising the privileges of a flight instructor
certificate with a glider category rating;
(5) When exercising the privileges of a flight instructor
certificate if the person is not acting as pilot in command or serving
as a required crewmember;
(6) When exercising the privileges of a ground instructor
certificate;
(7) When serving as an examiner or check airman during the
administration of a test or check for a certificate, rating, or
authorization conducted in an approved flight simulator or approved
flight training device; or
(8) When taking a test or check for a certificate, rating, or
authorization conducted in an approved flight simulator or approved
flight training device.
(c) Duration of a medical certificate. (1) A first-class medical
certificate expires at the end of the last day of--
(i) The sixth month after the month of the date of examination
shown on the certificate for operations requiring an airline transport
pilot certificate;
(ii) The 12th month after the month of the date of examination
shown on the certificate for operations requiring a commercial pilot
certificate or an air traffic control tower operator certificate; and
(iii) The period specified in paragraph (c)(3) of this section for
operations requiring a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate (when acting as pilot in
command or a required crewmember in operations other than glider or
balloon), or a student pilot certificate.
(2) A second-class medical certificate expires at the end of the
last day of--
(i) The 12th month after the month of the date of examination shown
on the certificate for operations requiring a commercial pilot
certificate or an air traffic control tower operator certificate; and
(ii) The period specified in paragraph (c)(3) of this section for
operations requiring a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate (when acting as pilot in
command or a required crewmember in operations other than glider or
balloon), or a student pilot certificate.
(3) A third-class medical certificate for operations requiring a
recreational pilot certificate, a private pilot certificate, a flight
instructor certificate (when acting as pilot in command or a required
crewmember in operations other than glider or balloon), or a student
pilot certificate issued--
(i) Before September 16, 1996, expires at the end of the 24th month
after the month of the date of examination shown on the certificate; or
(ii) On or after September 16, 1996, expires at the end of:
(A) The 36th month after the month of the date of the examination
shown on the certificate if the person has not reached his or her 40th
birthday on or before the date of examination; or
(B) The 24th month after the month of the date of the examination
shown on the certificate if the person has reached his or her 40th
birthday on or before the date of the examination.
Sec. 61.25 Change of name.
(a) An application to change the name on a certificate issued under
this part must be accompanied by the applicant's:
(1) Current airman certificate; and
(2) A copy of the marriage license, court order, or other document
verifying the name change.
(b) The documents in paragraph (a) of this section will be returned
to the applicant after inspection.
Sec. 61.27 Voluntary surrender or exchange of certificate.
(a) The holder of a certificate issued under this part may
voluntarily surrender it for:
(1) Cancellation;
(2) Issuance of a lower grade certificate; or
(3) Another certificate with specific ratings deleted.
(b) Any request made under paragraph (a) of this section must
include the following signed statement or its equivalent: ``This
request is made for my own reasons, with full knowledge that my (insert
name of certificate or rating, as appropriate) may not be reissued to
me unless I again pass the tests prescribed for its issuance.''
Sec. 61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
(a) A request for the replacement of a lost or destroyed airman
certificate issued under this part shall be made by letter to the
Department of Transportation, FAA, Airman Certification Branch, P.O.
Box 25082, Oklahoma City, OK 73125, and shall be accompanied by a check
or money order for the appropriate fee payable to the FAA.
(b) A request for the replacement of a lost or destroyed medical
certificate shall be made by letter to the Department of
Transportation, FAA, Aeromedical Certification Branch, P.O. Box 25082,
Oklahoma City, OK 73125, and shall be accompanied by a check or money
order for the appropriate fee payable to the FAA.
(c) A request for the replacement of a lost or destroyed knowledge
test report shall be made by letter to the Department of
Transportation, FAA, Airman Certification Branch, P.O. Box 25082,
Oklahoma City, OK 73125, and shall be accompanied by a check or money
order for the appropriate fee payable to the FAA.
(d) The letter requesting replacement of a lost or destroyed airman
certificate, medical certificate, or knowledge test report must state:
(1) The name of the person;
(2) The permanent mailing address (including ZIP code), or if the
permanent mailing address includes a post office box number, then the
person's current residential address;
(3) The social security number;
(4) The date and place of birth of the certificate holder; and
(5) Any available information regarding the--
(i) Grade, number, and date of issuance of the certificate, and the
ratings, if applicable;
(ii) Date of the medical examination, if applicable; and
(iii) Date the knowledge test was taken, if applicable.
(e) A person who has lost an airman certificate, medical
certificate, or knowledge test report may obtain a facsimile from the
FAA confirming that it was issued and the:
[[Page 16307]]
(1) Facsimile may be carried as an airman certificate, medical
certificate, or knowledge test report, as appropriate, for up to 60
days pending the person's receipt of a duplicate under paragraph (a),
(b), or (c) of this section, unless the person has been notified that
the certificate has been suspended or revoked.
(2) Request for such a facsimile must include the date on which a
duplicate certificate or knowledge test report was previously
requested.
Sec. 61.31 Type rating requirements, additional training, and
authorization requirements.
(a) Type ratings required. A person who acts as a pilot in command
of any of the following aircraft must hold a type rating for that
aircraft:
(1) Large aircraft (except lighter-than-air).
(2) Turbojet-powered airplanes.
(3) Other aircraft specified by the Administrator through aircraft
type certificate procedures.
(b) Authorization in lieu of a type rating. A person may be
authorized to operate an aircraft requiring a type rating without a
type rating for up to 60 days, provided:
(1) The Administrator has authorized the flight or series of
flights;
(2) The Administrator has determined that an equivalent level of
safety can be achieved through the operating limitations on the
authorization;
(3) The person shows that compliance with paragraph (a) of this
section is impracticable for the flight or series of flights; and
(4) The flight--
(i) Involves only a ferry flight, training flight, test flight, or
practical test for a pilot certificate or rating;
(ii) Is within the United States;
(iii) Does not involve operations for compensation or hire unless
the compensation or hire involves payment for the use of the aircraft
for training or taking a practical test; and
(iv) Involves only the carriage of flight crewmembers considered
essential for the flight.
(5) If the flight or series of flights cannot be accomplished
within the time limit of the authorization, the Administrator may
authorize an additional period of up to 60 days to accomplish the
flight or series of flights.
(c) Aircraft category, class, and type ratings: Limitations on the
carriage of persons, or operating for compensation or hire. Unless a
person holds a category, class, and type rating (if a class and type
rating is required) that applies to the aircraft, that person may not
act as pilot in command of an aircraft that is carrying another person,
or is operated for compensation or hire. That person also may not act
as pilot in command of that aircraft for compensation or hire.
(d) Aircraft category, class, and type ratings: Limitations on
operating an aircraft as the pilot in command. To serve as the pilot in
command of an aircraft, a person must:
(1) Hold the appropriate category, class, and type rating (if a
class rating and type rating is required) for the aircraft to be flown;
(2) Be receiving training for the purpose of obtaining an
additional pilot certificate and rating that are appropriate to that
aircraft, and be under the supervision of an authorized instructor; or
(3) Have received training required by this part that is
appropriate to the aircraft category, class, and type rating (if a
class or type rating is required) for the aircraft to be flown, and
have received the required endorsements from an instructor who is
authorized to provide the required endorsements for solo flight in that
aircraft.
(e) Exceptions. (1) This section does not require a category and
class rating for aircraft not type certificated as airplanes,
rotorcraft, gliders, powered-lift, or lighter-than-air aircraft.
(2) The rating limitations of this section do not apply to:
(i) An applicant when taking a practical test given by an examiner;
(ii) The holder of a student pilot certificate;
(iii) The holder of a pilot certificate when operating an aircraft
under the authority of an experimental or provisional aircraft type
certificate; and
(iv) The holder of a pilot certificate with a lighter-than-air
category rating when operating a balloon.
(f) Additional training required for operating complex airplanes.
(1) Except as provided in paragraph (f)(2) of this section, no person
may act as pilot in command of a complex airplane (an airplane that has
a retractable landing gear, flaps, and a controllable pitch propeller;
or, in the case of a seaplane, flaps and a controllable pitch
propeller), unless the person has--
(i) Received and logged ground and flight training from an
authorized instructor in a complex airplane, or in an approved flight
simulator or approved flight training device that is representative of
a complex airplane, and has been found proficient in the operation and
systems of the airplane; and
(ii) Received a one-time endorsement in the pilot's logbook from an
authorized instructor who certifies the person is proficient to operate
a complex airplane.
(2) The training and endorsement required by paragraph (f)(1) of
this section is not required if the person has logged flight time as
pilot in command of a complex airplane, or in an approved flight
simulator or approved flight training device that is representative of
a complex airplane prior to August 4, 1997.
(g) Additional training required for operating high-performance
airplanes. (1) Except as provided in paragraph (g)(2) of this section,
no person may act as pilot in command of a high-performance airplane
(an airplane with an engine of more than 200 horsepower), unless the
person has--
(i) Received and logged ground and flight training from an
authorized instructor in a high-performance airplane, or in an approved
flight simulator or approved flight training device that is
representative of a high-performance airplane, and has been found
proficient in the operation and systems of the airplane; and
(ii) Received a one-time endorsement in the pilot's logbook from an
authorized instructor who certifies the person is proficient to operate
a high-performance airplane.
(2) The training and endorsement required by paragraph (g)(1) of
this section is not required if the person has logged flight time as
pilot in command of a high-performance airplane, or in an approved
flight simulator or approved flight training device that is
representative of a high-performance airplane prior to August 4, 1997.
(h) Additional training required for operating pressurized aircraft
capable of operating at high altitudes. (1) Except as provided in
paragraph (h)(3) of this section, no person may act as pilot in command
of a pressurized aircraft (an aircraft that has a service ceiling or
maximum operating altitude, whichever is lower, above 25,000 feet MSL),
unless that person has received and logged ground training from an
authorized instructor. The ground training must include at least the
following subjects--
(i) High-altitude aerodynamics and meteorology;
(ii) Respiration;
(iii) Effects, symptoms, and causes of hypoxia and any other high-
altitude sickness;
(iv) Duration of consciousness without supplemental oxygen;
(v) Effects of prolonged usage of supplemental oxygen;
(vi) Causes and effects of gas expansion and gas bubble formation;
[[Page 16308]]
(vii) Preventive measures for eliminating gas expansion, gas bubble
formation, and high-altitude sickness;
(viii) Physical phenomena and incidents of decompression; and
(ix) Any other physiological aspects of high-altitude flight.
(2) Except as provided in paragraph (h)(3) of this section, no
person may act as pilot in command of a pressurized aircraft unless
that person has--
(i) Received and logged training from an authorized instructor in a
pressurized aircraft, or in an approved flight simulator or approved
flight training device that is representative of a pressurized
aircraft, which includes normal cruise flight operations while
operating above 25,000 feet MSL, proper emergency procedures for
simulated rapid decompression without actually depressurizing the
aircraft, and emergency descent procedures; and
(ii) An endorsement in the person's logbook or training record from
an authorized instructor who found the person proficient in the
operation of a pressurized aircraft.
(3) The training and endorsement required by paragraphs (h)(1) and
(h)(2) of this section is not required if that person can document
satisfactory accomplishment of any of the following in a pressurized
aircraft, or in an approved flight simulator or approved flight
training device that is representative of a pressurized aircraft--
(i) Serving as pilot in command before April 15, 1991;
(ii) Completing a practical test for a pilot certificate or rating
before April 15, 1991;
(iii) Completing an official pilot in command check conducted by
the military services of the United States; or
(iv) Completing a pilot in command proficiency check under part
121, 125, or 135 of this chapter conducted by the Administrator or by
an approved check airman.
(i) Additional training required by the aircraft's type
certificate. No person may serve as pilot in command of an aircraft
that the Administrator has determined requires aircraft type-specific
training unless that person has:
(1) Received and logged type-specific training in the aircraft, or
in an approved flight simulator or an approved flight training device
that is representative of that type of aircraft; and
(2) Received a logbook endorsement from an authorized instructor
who has found the person proficient in the operation of the aircraft
and its systems.
(j) Additional training required for operating tailwheel airplanes.
Except as provided in paragraph (j)(3) of this section, no person may
act as pilot in command of a tailwheel airplane unless that person has:
(1) Received and logged flight training from an authorized
instructor in a tailwheel airplane on the maneuvers and procedures
listed in paragraph (j)(2) of this section.
(2) Received an endorsement in the person's logbook from an
authorized instructor who found the person proficient in the operation
of a tailwheel airplane, to include at least normal and crosswind
takeoffs and landings, wheel landings (unless the manufacturer has
recommended against such landings), and go-around procedures.
(3) The training and endorsement required by this paragraph is not
required if the person logged pilot-in-command time in a tailwheel
airplane before April 15, 1991.
(k) Additional training required for operating a glider. (1) No
person may act as pilot in command of a glider:
(i) Using ground-tow procedures, unless that person has
satisfactorily accomplished ground and flight training on ground-tow
procedures and operations, and has received an endorsement from an
authorized instructor who certifies in that pilot's logbook that the
pilot has been found proficient in ground-tow procedures and
operations;
(ii) Using aerotow procedures, unless that person has
satisfactorily accomplished ground and flight training on aerotow
procedures and operations, and has received an endorsement from an
authorized instructor who certifies in that pilot's logbook that the
pilot has been found proficient in aerotow procedures and operations;
and
(iii) Using self-launch procedures, unless that person has
satisfactorily accomplished ground and flight training on self-launch
procedures and operations, and has received an endorsement from an
authorized instructor who certifies in that pilot's logbook that the
pilot has been found proficient in self-launch procedures and
operations.
(2) The holder of a glider rating issued prior to August 4, 1997 is
considered to be in compliance with the training and logbook
endorsement requirements of this paragraph for the specific operating
privilege for which the holder is already qualified.
Sec. 61.33 Tests: General procedure.
Tests prescribed by or under this part are given at times and
places, and by persons designated by the Administrator.
Sec. 61.35 Knowledge test: Prerequisites and passing grades.
(a) An applicant for a knowledge test must have:
(1) Received an endorsement from an authorized instructor
certifying that the applicant accomplished a ground-training or a home-
study course required by this part for the certificate or rating sought
and is prepared for the knowledge test; and
(2) Proper identification at the time of application that contains
the applicant's--
(i) Photograph;
(ii) Signature;
(iii) Date of birth, which shows the applicant meets or will meet
the age requirements of this part for the certificate sought before the
expiration date of the airman knowledge test report; and
(iv) Actual residential address, if different from the applicant's
mailing address.
(b) The Administrator shall specify the minimum passing grade for
the knowledge test.
Sec. 61.37 Knowledge tests: Cheating or other unauthorized conduct.
(a) An applicant for a knowledge test may not:
(1) Copy or intentionally remove any knowledge test;
(2) Give to another applicant or receive from another applicant any
part or copy of a knowledge test;
(3) Give assistance on, or receive assistance on, a knowledge test
during the period that test is being given;
(4) Take any part of a knowledge test on behalf of another person;
(5) Be represented by, or represent, another person for a knowledge
test;
(6) Use any material or aid during the period that the test is
being given, unless specifically authorized to do so by the
Administrator; and
(7) Intentionally cause, assist, or participate in any act
prohibited by this paragraph.
(b) An applicant who the Administrator finds has committed an act
prohibited by paragraph (a) of this section is prohibited, for 1 year
after the date of committing that act, from:
(1) Applying for any certificate, rating, or authorization issued
under this chapter; and
(2) Applying for and taking any test under this chapter.
(c) Any certificate or rating held by an applicant may be suspended
or revoked if the Administrator finds that person has committed an act
prohibited by paragraph (a) of this section.
[[Page 16309]]
Sec. 61.39 Prerequisites for practical tests.
(a) Except as provided in paragraphs (b) and (c) of this section,
to be eligible for a practical test for a certificate or rating issued
under this part, an applicant must:
(1) Pass the required knowledge test within the 24-calendar-month
period preceding the month the applicant completes the practical test,
if a knowledge test is required;
(2) Present the knowledge test report at the time of application
for the practical test, if a knowledge test is required;
(3) Have satisfactorily accomplished the required training and
obtained the aeronautical experience prescribed by this part for the
certificate or rating sought;
(4) Hold at least a current third-class medical certificate, if a
medical certificate is required;
(5) Meet the prescribed age requirement of this part for the
issuance of the certificate or rating sought;
(6) Except as provided in paragraph (c) of this section, have an
endorsement in the applicant's logbook or training record that has been
signed by an authorized instructor who certifies that the applicant--
(i) Has received and logged training time within 60 days preceding
the date of application in preparation for the practical test;
(ii) Is prepared for the required practical test; and
(iii) Has demonstrated satisfactory knowledge of the subject areas
in which the applicant was deficient on the airman knowledge test; and
(7) Have a completed and signed application form.
(b) Notwithstanding the provisions of paragraphs (a)(1) and (2) of
this section, an applicant for an airline transport pilot certificate
or an additional rating to an airline transport certificate may take
the practical test for that certificate or rating with an expired
knowledge test report, provided that the applicant:
(1) Is employed as a flight crewmember by a certificate holder
under part 121, 125, or 135 of this chapter at the time of the
practical test and has satisfactorily accomplished that operator's
approved--
(i) Pilot in command aircraft qualification training program that
is appropriate to the certificate and rating sought; and
(ii) Qualification training requirements appropriate to the
certificate and rating sought; or
(2) Is employed as a flight crewmember in scheduled U.S. military
air transport operations at the time of the practical test, and has
accomplished the pilot in command aircraft qualification training
program that is appropriate to the certificate and rating sought.
(c) A person is not required to comply with the provisions of
paragraph (a)(6) of this section if that person:
(1) Holds a foreign-pilot license issued by a contracting State to
the Convention on International Civil Aviation that authorizes at least
the pilot privileges of the airman certificate sought;
(2) Is applying for a type rating only, or a class rating with an
associated type rating; or
(3) Is applying for an airline transport pilot certificate or an
additional rating to an airline transport pilot certificate in an
aircraft that does not require an aircraft type rating practical test.
(d) 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 began the test.
(e) If all increments of the practical test for a certificate or a
rating are not satisfactorily completed within 60 calendar days after
the date on which the applicant began the test, the applicant must
retake the entire practical test, including those increments
satisfactorily completed.
Sec. 61.41 Flight training received from flight instructors not
certificated by the FAA.
(a) A person may credit flight training toward the requirements of
a pilot certificate or rating issued under this part, if that person
received the training from:
(1) A flight instructor of an Armed Force in a program for training
military pilots of either--
(i) The United States; or
(ii) A foreign contracting State to the Convention on International
Civil Aviation.
(2) A flight instructor who is authorized to give such training by
the licensing authority of a foreign contracting State to the
Convention on International Civil Aviation, and the flight training is
given outside the United States.
(b) A flight instructor described in paragraph (a) of this section
is only authorized to give endorsements to show training given.
Sec. 61.43 Practical tests: General procedures.
(a) Except as provided in paragraph (b) of this section, the
ability of an applicant for a certificate or rating issued under this
part to perform the required tasks on the practical test is based on
that applicant's ability to safely:
(1) Perform the tasks specified in the areas of operation for the
certificate or rating sought within the approved standards;
(2) Demonstrate mastery of the aircraft with the successful outcome
of each task performed never seriously in doubt;
(3) Demonstrate satisfactory proficiency and competency within the
approved standards;
(4) Demonstrate sound judgment; and
(5) Demonstrate single-pilot competence if the aircraft is type
certificated for single-pilot operations.
(b) If an applicant does not demonstrate single pilot proficiency,
as required in paragraph (a)(5) of this section, a limitation of
``Second in Command Required'' will be placed on the applicant's airman
certificate. The limitation may be removed if the applicant passes the
appropriate practical test by demonstrating single-pilot competency in
the aircraft in which single-pilot privileges are sought.
(c) If an applicant fails any area of operation, that applicant
fails the practical test.
(d) An applicant is not eligible for a certificate or rating sought
until all the areas of operation are passed.
(e) The examiner or the applicant may discontinue a practical test
at any time:
(1) When the applicant fails one or more of the areas of operation;
or
(2) Due to inclement weather conditions, aircraft airworthiness, or
any other safety-of-flight concern.
(f) If a practical test is discontinued, the applicant is entitled
credit for those areas of operation that were passed, but only if the
applicant:
(1) Passes the remainder of the practical test within the 60-day
period after the date the practical test was discontinued;
(2) Presents to the examiner for the retest the original notice of
disapproval form or the letter of discontinuance form, as appropriate;
(3) Satisfactorily accomplishes any additional training needed and
obtains the appropriate instructor endorsements, if additional training
is required; and
(4) Presents to the examiner for the retest a properly completed
and signed application.
Sec. 61.45 Practical tests: Required aircraft and equipment.
(a) General. Except as provided in paragraph (a)(2) of this section
or when permitted to accomplish the entire flight increment of the
practical test in an approved flight simulator or an
[[Page 16310]]
approved flight training device, an applicant for a certificate or
rating issued under this part must furnish:
(1) An aircraft of U.S. registry for each required test that--
(i) Is of the category, class, and type, if applicable, for which
the applicant is applying for a certificate or rating; and
(ii) Has a current standard, limited, or primary airworthiness
certificate.
(2) At the discretion of the examiner who administers the practical
test, the applicant may furnish--
(i) An aircraft that has a current airworthiness certificate other
than standard, limited, or primary, but that otherwise meets the
requirement of paragraph (a)(1) of this section;
(ii) An aircraft of the same category, class, and type, if
applicable, of foreign registry that is properly certificated by the
country of registry; or
(iii) A military aircraft of the same category, class, and type, if
applicable, for which the applicant is applying for a certificate or
rating.
(b) Required equipment (other than controls). An aircraft used for
a practical test must have:
(1) The equipment for each area of operation required for the
practical test;
(2) No prescribed operating limitations that prohibit its use in
any of the areas of operation required for the practical test;
(3) Except as provided in paragraph (e) of this section, at least
two pilot stations with adequate visibility for each person to operate
the aircraft safely; and
(4) Cockpit and outside visibility adequate to evaluate the
performance of the applicant when an additional jump seat is provided
for the examiner.
(c) Required controls. An aircraft (other than a lighter-than-air
aircraft) used for a practical test must have engine power controls and
flight controls that are easily reached and operable in a conventional
manner by both pilots, unless the examiner determines that the
practical test can be conducted safely in the aircraft without the
controls being easily reached.
(d) Simulated instrument flight equipment. An applicant for a
practical test that involves maneuvering an aircraft solely by
reference to instruments must furnish:
(1) Equipment on board the aircraft that permits the applicant to
pass the areas of operation that apply to the rating sought; and
(2) A device that prevents the applicant from having visual
reference outside the aircraft, but does not prevent the examiner from
having visual reference outside the aircraft, and is otherwise
acceptable to the Administrator.
(e) Aircraft with single controls. A practical test may be
conducted in an aircraft having a single set of controls, provided the:
(1) Examiner agrees to conduct the test;
(2) Test does not involve a demonstration of instrument skills; and
(3) Proficiency of the applicant can be observed by an examiner who
is in a position to observe the applicant.
Sec. 61.47 Status of an examiner who is authorized by the
Administrator to conduct practical tests.
(a) An examiner represents the Administrator for the purpose of
conducting practical tests for certificates and ratings issued under
this part and to observe an applicant's ability to perform the areas of
operation on the practical test.
(b) The examiner is not the pilot in command of the aircraft during
the practical test unless the examiner agrees to act in that capacity
for the flight or for a portion of the flight by prior arrangement
with:
(1) The applicant; or
(2) A person who would otherwise act as pilot in command of the
flight or for a portion of the flight.
(c) Notwithstanding the type of aircraft used during the practical
test, the applicant and the examiner (and any other occupants
authorized to be on board by the examiner) are not subject to the
requirements or limitations on the carriage of passengers that are
specified in this chapter.
Sec. 61.49 Retesting after failure.
(a) An applicant for a knowledge or practical test who fails that
test may reapply for the test only after the applicant has received:
(1) The necessary training from an authorized instructor who has
determined that the applicant is proficient to pass the test; and
(2) An endorsement from an authorized instructor who gave the
applicant the additional training.
(b) An applicant for a flight instructor certificate with an
airplane category rating or, for a flight instructor certificate with a
glider category rating, who has failed the practical test due to
deficiencies in instructional proficiency on stall awareness, spin
entry, spins, or spin recovery must:
(1) Comply with the requirements of paragraph (a) of this section
before being retested;
(2) Bring an aircraft to the retest that is of the appropriate
aircraft category for the rating sought and is certificated for spins;
and
(3) Demonstrate satisfactory instructional proficiency on stall
awareness, spin entry, spins, and spin recovery to an examiner during
the retest.
Sec. 61.51 Pilot logbooks.
(a) Training time and aeronautical experience. Each person must
document and record the following time in a manner acceptable to the
Administrator:
(1) Training and aeronautical experience used to meet the
requirements for a certificate, rating, or flight review of this part.
(2) The aeronautical experience required for meeting the recent
flight experience requirements of this part.
(b) Logbook entries. For the purposes of meeting the requirements
of paragraph (a) of this section, each person must enter the following
information for each flight or lesson logged:
(1) General--
(i) Date.
(ii) Total flight time.
(iii) Location where the aircraft departed and arrived, or for
lessons in an approved flight simulator or an approved flight training
device, the location where the lesson occurred.
(iv) Type and identification of aircraft, approved flight
simulator, or approved flight training device, as appropriate.
(v) The name of a safety pilot, if required by Sec. 91.109(b) of
this chapter.
(2) Type of pilot experience or training--
(i) Solo.
(ii) Pilot in command.
(iii) Second in command.
(iv) Flight and ground training received from an authorized
instructor.
(v) Training received in an approved flight simulator or approved
flight training device from an authorized instructor.
(3) Conditions of flight--
(i) Day or night.
(ii) Actual instrument.
(iii) Simulated instrument conditions in flight, an approved flight
simulator, or an approved flight training device.
(c) Logging of pilot time. The pilot time described in this section
may be used to:
(1) Apply for a certificate or rating issued under this part; or
(2) Satisfy the recent flight experience requirements of this part.
(d) Logging of solo flight time. Except for a student pilot acting
as pilot in command of an airship requiring more than one flight
crewmember, a pilot may log as solo flight time only that flight time
when the pilot is the sole occupant of the aircraft.
(e) Logging pilot-in-command flight time. (1) A recreational,
private, or commercial pilot may log pilot-in-
[[Page 16311]]
command time only for that flight time during which that person is--
(i) The sole manipulator of the controls of an aircraft for which
the pilot is rated; or
(ii) Except for a recreational pilot, when 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 regulations under which
the flight is conducted.
(2) An airline transport pilot may log as pilot-in-command time all
of the flight time while acting as pilot-in-command of an operation
requiring an airline transport pilot certificate.
(3) An authorized instructor may log as pilot-in-command time all
flight time while acting as an authorized instructor.
(4) A student pilot may log pilot-in-command time when the student
pilot--
(i) Is the sole occupant of the aircraft;
(ii) Has a current solo flight endorsement as required under
Sec. 61.87 of this part; and
(iii) Is undergoing training for a pilot certificate or rating, is
acting as pilot in command of an airship requiring more than one flight
crewmember, or is logging pilot-in-command flight time to obtain the
pilot-in-command flight experience requirements for a pilot certificate
or aircraft rating.
(f) Logging second-in-command flight time. A person may log second-
in-command flight time only for that flight time during which that
person:
(1) Is qualified in accordance with the second-in-command
requirements of Sec. 61.55 of this part, and occupies a crewmember
station in an aircraft that requires more than one pilot by the
aircraft's type certificate; or
(2) Holds the appropriate category, class, and instrument rating
(if an instrument rating is required for the flight) for the aircraft
being flown, and more than one pilot is required under the type
certification of the aircraft or the regulations under which the flight
is being conducted.
(g) Logging instrument flight time. (1) A person may log instrument
flight time only for that flight time when the person operates the
aircraft solely by reference to instruments under actual or simulated
instrument flight conditions.
(2) An authorized instructor may log instrument flight time when
conducting instrument flight instruction in actual instrument flight
conditions.
(3) For the purposes of logging instrument flight time to meet the
recent instrument experience requirements of Sec. 61.57(c) of this
part, the following information must be recorded in the person's
logbook--
(i) The location and type of each instrument approach accomplished;
and
(ii) The name of the safety pilot, if required.
(4) An approved flight simulator or approved flight training device
may be used by a person to log instrument flight time, provided an
authorized instructor is present during the simulated flight.
(h) Logging training time. (1) A person may log training time when
that person receives training from an authorized instructor in an
aircraft, approved flight simulator, or approved flight training
device.
(2) The training time must be logged in a logbook and must:
(i) Be endorsed in a legible manner by the authorized instructor;
and
(ii) Include a description of the training given, the length of the
training lesson, and the instructor's signature, certificate number,
and certificate expiration date.
(i) Presentation of required documents. (1) Persons must present
their pilot certificate, medical certificate, logbook, or any other
record required by this part for inspection upon a reasonable request
by--
(i) The Administrator;
(ii) An authorized representative from the National Transportation
Safety Board; or
(iii) Any Federal, State, or local law enforcement officer.
(2) A student pilot must carry the following items in the aircraft
on all solo cross-country flights as evidence of the required
instructor clearances and endorsements--
(i) Pilot logbook;
(ii) Student pilot certificate; and
(iii) Any other record required by this section.
(3) A recreational pilot must carry his or her logbook with the
required instructor endorsements on all flights when serving as pilot
in command or as a required flight crewmember for flights of more than
50 nautical miles from an airport where training was received.
Sec. 61.53 Prohibition on operations during medical deficiency.
(a) Operations that require a medical certificate. Except as
provided for in paragraph (b) of this section, a person who holds a
current medical certificate issued under part 67 of this chapter shall
not act as pilot in command, or in any other capacity as a required
pilot flight crewmember, while that person:
(1) Knows or has reason to know of any medical condition that would
make the person unable to meet the requirements for the medical
certificate necessary for the pilot operation; or
(2) Is taking medication or receiving other treatment for a medical
condition that results in the person being unable to meet the
requirements for the medical certificate necessary for the pilot
operation.
(b) Operations that do not require a medical certificate. For
operations provided for in Sec. 61.23(b) of this part, a person shall
not act as pilot in command, or in any other capacity as a required
pilot flight crewmember, while that person knows or has reason to know
of any medical condition that would make the person unable to operate
the aircraft in a safe manner.
Sec. 61.55 Second-in-command qualifications.
(a) Except as provided in paragraph (d) of this section, no person
may serve as a second in command of an aircraft type certificated for
more than one required pilot flight crewmember or in operations
requiring a second in command unless that person holds:
(1) At least a current private pilot certificate with the
appropriate category and class rating; and
(2) An instrument rating that applies to the aircraft being flown
if the flight is under IFR.
(b) Except as provided in paragraph (d) of this section, no person
may serve as a second in command of an aircraft type certificated for
more than one required pilot flight crewmember or in operations
requiring a second in command unless that person has within the
previous 12 calendar months:
(1) Become familiar with the following information for the specific
type aircraft for which second-in-command privileges are requested--
(i) Operational procedures applicable to the powerplant, equipment,
and systems.
(ii) Performance specifications and limitations.
(iii) Normal, abnormal, and emergency operating procedures.
(iv) Flight manual.
(v) Placards and markings.
(2) Except as provided in paragraph (e) of this section, performed
and logged pilot time in the type of aircraft or in an approved flight
simulator or approved flight training device that represents the type
of aircraft for which second-in-command privileges are requested, which
includes--
(i) Three takeoffs and three landings as the sole manipulator of
the flight controls;
(ii) Engine-out procedures and maneuvering with an engine out while
executing the duties of pilot in command; and
(iii) Crew resource management training.
(c) If a person complies with the requirements in paragraph (b) of
this
[[Page 16312]]
section in the calendar month before or the calendar month after the
month in which compliance with this section is required, then that
person is considered to have accomplished the training and practice in
the month it is due.
(d) This section does not apply to a person who is:
(1) Designated and qualified as a pilot in command under part 121,
125, or 135 of this chapter in that specific type of aircraft;
(2) Designated as the second in command under part 121, 125, or 135
of this chapter, in that specific type of aircraft;
(3) Designated as the second in command in that specific type of
aircraft for the purpose of receiving flight training required by this
section, and no passengers or cargo are carried on the aircraft; or
(4) Designated as a safety pilot for purposes required by
Sec. 91.109(b) of this chapter.
(e) The holder of a commercial or airline transport pilot
certificate with the appropriate category and class rating is not
required to meet the requirements of paragraph (b)(2) of this section,
provided the pilot:
(1) Is conducting a ferry flight, aircraft flight test, or
evaluation flight of an aircraft's equipment; and
(2) Is not carrying any person or property on board the aircraft,
other than necessary for conduct of the flight.
(f) For the purpose of meeting the requirements of paragraph (b) of
this section, a person may serve as second in command in that specific
type aircraft, provided:
(1) The flight is conducted under day VFR or day IFR; and
(2) No person or property is carried on board the aircraft, other
than necessary for conduct of the flight.
(g) Except as provided in paragraph (h) of this section, the
requirements of paragraph (b) of this section may be accomplished in an
approved flight simulator that is--
(1) Qualified and approved by the Administrator for such purposes;
and
(2) Used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(h) An applicant for an initial second-in-command qualification for
a particular type of aircraft who is qualifying under the terms of
paragraph (g) of this section must satisfactorily complete a minimum of
one takeoff and one landing in an aircraft of the same type for which
the qualification is sought.
Sec. 61.56 Flight review.
(a) Except as provided in paragraphs (b) and (f) of this section, a
flight review consists of a minimum of 1 hour of flight training and 1
hour of ground training. The review must include:
(1) A review of the current general operating and flight rules of
part 91 of this chapter; and
(2) A review of those maneuvers and procedures that, at the
discretion of the person giving the review, are necessary for the pilot
to demonstrate the safe exercise of the privileges of the pilot
certificate.
(b) Glider pilots may substitute a minimum of three instructional
flights in a glider, each of which includes a flight to traffic pattern
altitude, in lieu of the 1 hour of flight training required in
paragraph (a) of this section.
(c) Except as provided in paragraphs (d) and (e) of this section,
no person may act as pilot in command of an aircraft unless, since the
beginning of the 24th calendar month before the month in which that
pilot acts as pilot in command, that person has:
(1) Accomplished a flight review given in an aircraft for which
that pilot is rated by an appropriately rated instructor certificated
under this part or other person designated by the Administrator; and
(2) A logbook endorsed by the person who gave the review certifying
that the person has satisfactorily completed the review.
(d) A person who has, within the period specified in paragraph (c)
of this section, passed a pilot proficiency check conducted by an
examiner, an approved pilot check airman, or a U.S. Armed Force, for a
pilot certificate, rating, or operating privilege need not accomplish
the flight review required by this section.
(e) A person who has, within the period specified in paragraph (c)
of this section, satisfactorily accomplished one or more phases of an
FAA-sponsored pilot proficiency award program need not accomplish the
flight review required by this section.
(f) A person who holds a current flight instructor certificate who
has, within the period specified in paragraph (c) of this section,
satisfactorily completed a renewal of a flight instructor certificate
under the provisions in Sec. 61.197 need not accomplish the 1 hour of
ground training specified in paragraph (a) of this section.
(g) The requirements of this section may be accomplished in
combination with the requirements of Sec. 61.57 and other applicable
recent experience requirements at the discretion of the person
conducting the flight review.
(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 approved flight simulator or approved 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 flight 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(a) or Sec. 61.57(b) of this part.
(4) The approved flight simulator or approved flight training
device used must represent an aircraft, or set of aircraft, for which
the pilot is rated.
Sec. 61.57 Recent flight experience: Pilot in command.
(a) General experience. (1) Except as provided in paragraph (e) of
this section, no person may act as a pilot in command of an aircraft
carrying passengers or as a required pilot on board an aircraft that
requires more than one pilot flight crewmember unless that person has
made at least three takeoffs and three landings within the preceding 90
days, and--
(i) The person acted as the sole manipulator of the flight
controls; and
(ii) The required takeoffs and landings were performed in an
aircraft of the same category, class, and type (if a type rating is
required), and, if the aircraft to be flown is an airplane with a
tailwheel, the takeoffs and landings must have been made to a full stop
in an airplane with a tailwheel.
(2) For the purpose of meeting the requirements of paragraph (a)(1)
of this section, a person may act as a pilot in command of an aircraft
under day VFR or day IFR, provided no persons or property are carried
on board the aircraft, other than those necessary for the conduct of
the flight.
(3) The takeoffs and landings required by paragraph (a)(1) of this
section may be accomplished in an approved flight simulator or an
approved flight training device that is--
(i) 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.
(b) Night takeoff and landing experience. (1) Except as provided in
paragraph (e) of this section, no person may act as pilot in command of
an
[[Page 16313]]
aircraft carrying passengers during the period beginning 1 hour after
sunset and ending 1 hour before sunrise, unless within the preceding 90
days that person has made at least three takeoffs and three landings to
a full stop during the period beginning 1 hour after sunset and ending
1 hour before sunrise.
(2) The takeoffs and landings required by paragraph (b)(1) of this
section may be accomplished in a flight simulator that is--
(i) Approved by the Administrator for takeoffs and landings, if the
visual system is adjusted to represent the period described in
paragraph (b)(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.
(c) Recent instrument experience. Except as provided in paragraph
(e) 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:
(1) For the purpose of obtaining instrument experience in an
aircraft (other than a glider), performed and logged under actual or
simulated instrument conditions, either in flight appropriate to the
appropriate category of aircraft for the instrument privileges sought
or in an approved flight simulator or approved flight training device
that is representative of the aircraft category for the instrument
privileges sought--
(i) At least six instrument approaches;
(ii) Holding procedures; and
(iii) Intercepting and tracking courses through the use of
navigation systems.
(2) For the purpose of obtaining instrument experience in a glider,
performed and logged under actual or simulated instrument conditions--
(i) At least 3 hours of instrument time in flight, of which 1\1/2\
hours may be acquired in an airplane or a glider if no passengers are
to be carried; or
(ii) 3 hours of instrument time in flight in a glider if a
passenger is to be carried.
(d) Instrument proficiency check. Except as provided in paragraph
(e) of this section, a person who does not meet the recent instrument
experience requirements of paragraph (c) of this section within the
prescribed time or within 6 calendar months after the prescribed time
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 proficiency check consisting of a representative number of
tasks required by the instrument rating practical test.
(1) The instrument proficiency check must be--
(i) In an aircraft that is appropriate to the aircraft category;
(ii) In an approved flight simulator or approved flight training
device that is representative of the aircraft category (other than a
glider); or
(iii) For a glider, in a single-engine airplane or a glider.
(2) The instrument proficiency check must be given by--
(i) An examiner;
(ii) A person authorized by the U.S. Armed Forces to conduct
instrument flight tests, provided the person being tested is a member
of the U.S. Armed Forces;
(iii) A company check pilot who is authorized to conduct instrument
flight tests under part 121, 125, or 135 of this chapter, and provided
that both the check pilot and the pilot being tested are employees of
that operator;
(iv) An instrument flight instructor who holds the appropriate
instrument instructor rating; or
(v) A person approved by the Administrator to conduct instrument
practical tests.
(e) Exceptions. (1) Paragraphs (a) and (b) of this section do not
apply to a pilot in command who is employed by a certificate holder
under part 125 and engaged in a flight operation for that certificate
holder if the pilot is in compliance with Secs. 125.281 and 125.285 of
this chapter.
(2) This section does not apply to a pilot in command who is
employed by an air carrier certificated under part 121 or 135 and is
engaged in a flight operation under part 91, 121, or 135 for that air
carrier if the pilot is in compliance with Secs. 121.437 and 121.439,
or Secs. 135.243 and 135.247 of this chapter, as appropriate.
Sec. 61.58 Pilot-in-command proficiency check: Operation of aircraft
requiring more than one 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, 125, 133, 135, or 137 of this chapter.
(c) The pilot in command check given in accordance with the
provisions of part 121, 125, or 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 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 test described in paragraphs (d)(1) through (d)(4)
of this section may be accomplished in a flight simulator approved
under this chapter.
(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.
Sec. 61.59 Falsification, reproduction, or alteration of applications,
certificates, logbooks, reports, or records.
(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false statement on any
application for a certificate, rating, authorization, or duplicate
thereof, issued under this part;
(2) Any fraudulent or intentionally false entry in any logbook,
record, or report that is required to be kept, made, or used to show
compliance with any requirement for the issuance or exercise of the
privileges of any certificate, rating, or authorization under this
part;
(3) Any reproduction for fraudulent purpose of any certificate,
rating, or authorization, under this part; or
(4) Any alteration of any certificate, rating, or authorization
under this part.
[[Page 16314]]
(b) The commission of an act prohibited under paragraph (a) of this
section is a basis for suspending or revoking any airman certificate,
rating, or authorization held by that person.
Sec. 61.60 Change of address.
The holder of a pilot, flight instructor, or ground instructor
certificate who has made a change in permanent mailing address may not,
after 30 days from that date, exercise the privileges of the
certificate unless the holder has notified in writing the FAA, Airman
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, of the
new permanent mailing address, or if the permanent mailing address
includes a post office box number, then the holder's current
residential address.
Subpart B--Aircraft Ratings and Pilot Authorizations
Sec. 61.61 Applicability.
This subpart prescribes the requirements for the issuance of
additional aircraft ratings after a pilot certificate is issued, and
the requirements for and limitations of pilot authorizations issued by
the Administrator.
Sec. 61.63 Additional aircraft ratings (other than airline transport
pilot).
(a) General. To be eligible for an additional aircraft rating to a
pilot certificate, for other than an airline transport pilot
certificate, an applicant must meet the appropriate requirements of
this section, for the additional aircraft rating sought.
(b) Additional category rating. An applicant who holds a pilot
certificate and applies to add a category rating to that pilot
certificate:
(1) Must have received the required training and possess the
aeronautical experience prescribed by this part that applies to the
pilot certificate for the aircraft category and, if applicable, class
rating sought;
(2) Must have an endorsement in his or her logbook or training
record from an authorized instructor, and that endorsement must attest
that the applicant has been found competent in the aeronautical
knowledge areas appropriate to the pilot certificate for the aircraft
category and, if applicable, class rating sought;
(3) Must have an endorsement in his or her logbook or training
record from an authorized instructor, and that endorsement must attest
that the applicant has been found proficient on the areas of operation
that are appropriate to the pilot certificate for the aircraft category
and, if applicable, class rating sought;
(4) Must pass the required practical test that is appropriate to
the pilot certificate for the aircraft category and, if applicable,
class rating sought; and
(5) Need not take an additional knowledge test, provided the
applicant holds an airplane, rotorcraft, powered-lift, or airship
rating at that pilot certificate level.
(c) Additional class rating. Any person who applies for an
additional class rating to be added on a pilot certificate:
(1) Must have an endorsement in his or her logbook or training
record from an authorized instructor and that endorsement must attest
that the applicant has been found competent in the aeronautical
knowledge areas appropriate to the pilot certificate for the aircraft
class rating sought;
(2) Must have an endorsement in his or her logbook or training
record from an authorized instructor, and that endorsement must attest
that the applicant has been found proficient in the areas of operation
appropriate to the pilot certificate for the aircraft class rating
sought;
(3) Must pass the required practical test that is appropriate to
the pilot certificate for the aircraft class rating sought;
(4) Need not meet the specified training time requirements
prescribed by this part that apply to the pilot certificate for the
aircraft class rating sought; and
(5) Need not take an additional knowledge test, provided the
applicant holds an airplane, rotorcraft, powered-lift, or airship
rating at that pilot certificate level.
(d) Additional type rating. Except as specified in paragraph (d)(7)
of this section, a person who applies for an additional aircraft type
rating to be added on a pilot certificate, or the addition of an
aircraft type rating that is accomplished concurrently with an
additional aircraft category or class rating:
(1) Must hold or concurrently obtain an instrument rating that is
appropriate to the aircraft category, class, or type rating sought;
(2) Must have an endorsement in his or her logbook or training
record from an authorized instructor, and that endorsement must attest
that the applicant has been found competent in the aeronautical
knowledge areas appropriate to the pilot certificate for the aircraft
category, class, or type rating sought;
(3) Must have an endorsement in his or her logbook, or training
record from an authorized instructor, and that endorsement must attest
that the applicant has been found proficient in the areas of operation
required for the issuance of an airline transport pilot certificate for
the aircraft category, class, and type rating sought;
(4) Must pass the required practical test appropriate to the
airline transport pilot certificate for the aircraft category, class,
and type rating sought;
(5) Must perform the practical test under instrument flight rules,
unless the practical test cannot be accomplished under instrument
flight rules because the aircraft's type certificate makes the aircraft
incapable of operating under instrument flight rules. If the practical
test cannot be accomplished for this reason, the person may obtain a
type rating limited to ``VFR only.'' The ``VFR only'' limitation may be
removed for that aircraft type when the person passes the practical
test under instrument flight rules. When an instrument rating is issued
to a person who holds one or more type ratings, the type ratings on the
amended pilot certificate shall bear the ``VFR only'' limitation for
each aircraft type rating for which the person has not demonstrated
instrument competency;
(6) Need not take an additional knowledge test, provided the
applicant holds an airplane, rotorcraft, powered-lift, or airship
rating on their pilot certificate; and
(7) In the case of a pilot employee of a part 121 or a part 135
certificate holder, must have--
(i) Met the appropriate requirements of paragraphs (d)(1), (d)(4),
and (d)(5) of this section for the aircraft type rating sought; and
(ii) Received an endorsement in his or her flight training record
from the certificate holder attesting that the applicant has completed
the certificate holder's approved ground and flight training program
appropriate to the aircraft type rating sought.
(e) Use of an approved flight simulator or an approved flight
training device for an additional rating in an airplane. The areas of
operation required to be performed 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
areas of operation must be performed in an airplane of the same
category, class, and type, if applicable, as the airplane for which the
additional rating is sought.
(2) Subject to the limitations of paragraph (e)(3) through (e)(12)
of this section, the areas of operation may be performed in an approved
flight simulator or an approved flight training device that represents
the airplane for which the additional rating is sought.
[[Page 16315]]
(3) The use of an approved flight simulator or an approved flight
training device 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 additional airplane rating without limitations when
using a flight simulator--
(i) The flight simulator must be approved 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 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 of airplane for which the type rating is sought, if a type rating
in a turbojet airplane is sought.
(B) Hold a type rating for a turbopropeller airplane of the same
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 of airplane for which the type rating is sought, if a
type rating in a turbopropeller airplane is sought.
(C) Have at least 2,000 hours of flight time, of which 500 hours is
in turbine-powered airplanes of the same class of airplane for which
the type rating is sought.
(D) Have at least 500 hours of 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 additional rating when using a flight
simulator if--
(i) The flight simulator is approved as a 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; or
(B) Since the beginning of the 12th calendar month before the month
in which the applicant completes the practical test for an additional
airplane rating, has logged:
(1) At least 100 hours of flight time in airplanes of the same
class for which the type rating is sought and which requires a type
rating; and
(2) At least 25 hours of flight time in airplanes of the same type
for which the rating is sought.
(6) An applicant meeting only the requirements of paragraph (e)(5)
of this section will be issued an additional rating with a limitation.
(7) The limitation on a certificate issued under the provisions of
paragraph (e)(6) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(8) An applicant who has been issued a pilot certificate with the
limitation specified in paragraph (e)(7) of this section--
(i) May not act as pilot in command of that airplane for which the
additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 the same type of airplane
to which the limitation applies.
(9) An applicant who does not meet the requirements of paragraph
(e)(4) or paragraph (e)(5) of this section may be issued an additional
rating after successful completion of one of the following
requirements:
(i) Compliance with paragraphs (e)(2) and (e)(3) of this section
and 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) 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 additional rating with a limitation.
(11) The limitation on a certificate issued under the provisions of
paragraph (e)(10) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(12) An applicant who has been issued a pilot certificate with the
limitation specified in paragraph (e)(11) of this section--
(i) May not act as pilot in command of that airplane for which the
additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 that airplane of the same
type to which the limitation applies.
(f) Use of an approved flight simulator or an approved flight
training device for an additional rating in a helicopter. The areas of
operation required to be performed by paragraphs (b), (c), and (d) of
this section shall be performed as follows:
(1) Except as provided in paragraph (f)(2) of this section, the
areas of operation must be performed in a helicopter of the same type
for the additional rating sought.
(2) Subject to the limitations of paragraph (f)(3) through (f)(12)
of this section, the areas of operation may be performed in an approved
flight simulator or an approved flight training device that represents
that helicopter for the additional rating sought.
(3) The use of an approved flight simulator or an approved flight
training device permitted by paragraph (f)(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 additional helicopter rating without limitations
when using a flight simulator--
(i) The flight simulator must be approved as Level C or Level D;
and
(ii) The applicant must meet at least one of the following if a
type rating is sought in a turbine-powered helicopter:
(A) Hold a type rating in a turbine-powered helicopter or have been
appointed by a military service as a pilot in command of a turbine-
powered helicopter.
(B) Have at least 2,000 hours of flight time that includes at least
500 hours in turbine-powered helicopters.
(C) Have at least 500 hours of flight time in turbine-powered
helicopters.
(D) Have at least 1,000 hours of flight time in at least two
different turbine-powered helicopters.
(5) Subject to the limitation of paragraph (f)(6) of this section,
an applicant who does not meet the requirements of paragraph (f)(4) of
this section may complete all training and testing (except for
preflight inspection) for an additional rating when using a flight
simulator if--
[[Page 16316]]
(i) The flight simulator is approved as Level C or Level D; and
(ii) The applicant meets at least one of the following:
(A) Holds a type rating in a turbine-powered helicopter if a type
rating in a turbine-powered helicopter is sought; or
(B) Since the beginning of the 12th calendar month before the month
in which the applicant completes the practical test for an additional
helicopter rating, has logged at least 25 hours of flight time in
helicopters of the same type for which the rating is sought.
(6) An applicant meeting only the requirements of paragraph (f)(5)
of this section will be issued an additional rating with a limitation.
(7) The limitation on a certificate issued under the provisions of
paragraph (f)(6) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(8) An applicant who is issued a pilot certificate with the
limitation specified in paragraph (f)(7) of this section--
(i) May not act as pilot in command of that helicopter for which
the additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 the same type of
helicopter to which the limitation applies.
(9) An applicant who does not meet the requirements of paragraph
(f)(4) or paragraph (f)(5) of this section may be issued an additional
rating after successful completion of one of the following
requirements:
(i) Compliance with paragraphs (f)(2) and (f)(3) of this section
and the following tasks, which must be successfully completed on a
static helicopter 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 (f)(2), (f)(3), and (f)(10) through
(f)(12) of this section.
(10) An applicant meeting only the requirements of paragraph (f)(9)
of this section will be issued an additional rating with a limitation.
(11) The limitation on a certificate issued under the provisions of
paragraph (f)(10) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(12) An applicant who has been issued a pilot certificate with the
limitation specified in paragraph (f)(11) of this section--
(i) May not act as pilot in command of that helicopter for which
the additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 that helicopter of the
same type as to which the limitation applies.
(g) Use of an approved flight simulator or an approved flight
training device for an additional rating in a powered-lift. The areas
of operation required to be performed by paragraphs (b), (c), and (d)
of this section shall be performed as follows:
(1) Except as provided in paragraph (g)(2) of this section, the
areas of operation must be performed in a powered-lift of the same type
for the additional rating sought.
(2) Subject to the limitations of paragraph (g)(3) through (g)(12)
of this section, the areas of operation may be performed in an approved
flight simulator or an approved flight training device that represents
that powered-lift for the additional rating sought.
(3) The use of an approved flight simulator or an approved flight
training device permitted by paragraph (g)(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 additional powered-lift rating without limitations
when using a flight simulator--
(i) The flight simulator must be approved as Level C or Level D;
and
(ii) The applicant must meet at least one of the following if a
type rating is sought in a turbine powered-lift:
(A) Hold a type rating in a turbine powered-lift or have been
appointed by a military service as a pilot in command of a turbine
powered-lift.
(B) Have at least 2,000 hours of flight time that includes at least
500 hours in turbine powered-lifts.
(C) Have at least 500 hours of flight time in turbine powered-
lifts.
(D) Have at least 1,000 hours of flight time in at least two
different turbine powered-lifts.
(5) Subject to the limitation of paragraph (g)(6) of this section,
an applicant who does not meet the requirements of paragraph (g)(4) of
this section may complete all training and testing (except for
preflight inspection) for an additional rating when using a flight
simulator if--
(i) The flight simulator is approved as Level C or Level D; and
(ii) The applicant meets at least one of the following:
(A) Holds a type rating in a turbine powered-lift if a type rating
in a turbine powered-lift is sought; or
(B) Since the beginning of the 12th calendar month before the month
in which the applicant completes the practical test for an additional
powered-lift rating, has logged at least 25 hours of flight time in
powered-lifts of the same type for which the rating is sought.
(6) An applicant meeting only the requirements of paragraph (g)(5)
of this section will be issued an additional rating with a limitation.
(7) The limitation on a certificate issued under the provisions of
paragraph (g)(6) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(8) An applicant who is issued a pilot certificate with the
limitation specified in paragraph (g)(7) of this section--
(i) May not act as pilot in command of that powered-lift for which
the additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 the same type of powered-
lift to which the limitation applies.
(9) An applicant who does not meet the requirements of paragraph
(g)(4) or paragraph (g)(5) of this section may be issued an additional
rating after successful completion of one of the following
requirements:
(i) Compliance with paragraphs (g)(2) and (g)(3) of this section
and the following tasks, which must be successfully completed on a
static powered-lift 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 (g)(2), (g)(3), and (g)(10) through
(g)(12) of this section.
[[Page 16317]]
(10) An applicant meeting only the requirements of paragraph (g)(9)
of this section will be issued an additional rating with a limitation.
(11) The limitation on a certificate issued under the provisions of
paragraph (g)(10) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(12) An applicant who has been issued a pilot certificate with the
limitation specified in paragraph (g)(11) of this section--
(i) May not act as pilot in command of that powered-lift for which
the additional rating was obtained under the provisions of this section
until the limitation is removed from the pilot certificate; and
(ii) May have the limitation removed by accomplishing 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 that powered-lift of the
same type as to which the limitation applies.
(h) An applicant for a type rating who provides an aircraft not
capable of the instrument maneuvers and procedures required by the
appropriate requirements contained in Sec. 61.157 of this part 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 appropriate
instrument requirements contained in Sec. 61.157 or Sec. 61.73 of this
part.
(i) 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 proficiency.
(j) An applicant for a type rating in a multiengine, single-pilot
station airplane may meet the requirements of this part in a multiseat
version of that multiengine airplane.
(k) An applicant for a type rating in a single-engine, single-pilot
station airplane may meet the requirements of this part in a multiseat
version of that single-engine airplane.
(l) Unless the Administrator requires certain or all tasks to be
performed, the examiner who conducts the practical test may waive any
of the tasks for which the Administrator approves waiver authority.
Sec. 61.64 [Reserved]
Sec. 61.65 Instrument rating requirements.
(a) General. A person who applies for an instrument rating must:
(1) Hold at least a current private pilot certificate with an
aircraft category and class rating that applies to the instrument
rating sought;
(2) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet any of these requirements
due to a medical condition, the Administrator may place such operating
limitations on the applicant's pilot certificate as are necessary for
the safe operation of the aircraft;
(3) Receive and log ground training from an authorized instructor
or accomplish a home-study course of training on the aeronautical
knowledge areas of paragraph (b) of this section that apply to the
instrument rating sought;
(4) Receive a logbook or training record endorsement from an
authorized instructor certifying that the person is prepared to take
the required knowledge test;
(5) Receive and log training on the areas of operation of paragraph
(c) of this section from an authorized instructor in an aircraft,
approved flight simulator, or approved training device that represents
that class of aircraft for the instrument rating sought;
(6) Receive a logbook or training record endorsement from an
authorized instructor certifying that the person is prepared to take
the required practical test;
(7) Pass the required knowledge test on the aeronautical knowledge
areas of paragraph (b) of this section; however, an applicant is not
required to take another knowledge test when that person already holds
an instrument rating; and
(8) Pass the required practical test on the areas of operation in
paragraph (c) of this section in--
(i) The aircraft category, class, and type, if applicable,
appropriate to the rating sought; or
(ii) A flight simulator or a flight training device appropriate to
the rating sought and approved for the specific maneuver or procedure
performed. If an approved flight training device is used for the
practical test, the procedures conducted in that flight training device
are limited to one precision and one nonprecision approach, provided
the flight training device is approved for the procedure performed.
(b) Aeronautical knowledge. A person who applies for an instrument
rating must have received and logged ground training from an authorized
instructor or accomplished a home-study course on the following
aeronautical knowledge areas that apply to the instrument rating
sought:
(1) Federal Aviation Regulations of this chapter that apply to
flight operations under IFR;
(2) Appropriate information that applies to flight operations under
IFR in the ``Aeronautical Information Manual;''
(3) Air traffic control system and procedures for instrument flight
operations;
(4) IFR navigation and approaches by use of navigation systems;
(5) Use of IFR en route and instrument approach procedure charts;
(6) Procurement and use of aviation weather reports and forecasts
and the elements of forecasting weather trends based on that
information and personal observation of weather conditions;
(7) Safe and efficient operation of aircraft under instrument
flight rules and conditions;
(8) Recognition of critical weather situations and windshear
avoidance;
(9) Aeronautical decision making and judgment; and
(10) Crew resource management, including crew communication and
coordination.
(c) Flight proficiency. A person who applies for an instrument
rating must receive and log training from an authorized instructor in
an aircraft, or in an approved flight simulator or approved flight
training device, in accordance with paragraph (e) of this section, that
includes the following areas of operation:
(1) Preflight preparation;
(2) Preflight procedures;
(3) Air traffic control clearances and procedures;
(4) Flight by reference to instruments;
(5) Navigation systems;
(6) Instrument approach procedures;
(7) Emergency operations; and
(8) Postflight procedures.
(d) Aeronautical experience. A person who applies for an instrument
rating must have logged the following:
(1) At least 50 hours of cross-country flight time as pilot in
command, of which at least 10 hours must be in airplanes for an
instrument--airplane rating; and
(2) A total of 40 hours of actual or simulated instrument time on
the areas of operation of this section, to include--
(i) At least 15 hours of instrument flight training from an
authorized instructor in the aircraft category for which the instrument
rating is sought;
(ii) At least 3 hours of instrument training that is appropriate to
the instrument rating sought from an authorized instructor in
preparation for the practical test within the 60 days preceding the
date of the test;
(iii) For an instrument--airplane rating, instrument training on
cross-
[[Page 16318]]
country flight procedures specific to airplanes that includes at least
one cross-country flight in an airplane that is performed under IFR,
and consists of--
(A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems;
(iv) For an instrument--helicopter rating, instrument training
specific to helicopters on cross-country flight procedures that
includes at least one cross-country flight in a helicopter that is
performed under IFR, and consists of--
(A) A distance of at least 100 nautical miles along airways or ATC-
directed routing;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems; and
(v) For an instrument--powered-lift rating, instrument training
specific to a powered-lift on cross-country flight procedures that
includes at least one cross-country flight in a powered-lift that is
performed under IFR and consists of--
(A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems.
(e) Use of approved flight simulators or approved flight training
devices. If the instrument training was provided by an authorized
instructor in an approved flight simulator or an approved flight
training device--
(1) A maximum of 30 hours may be performed in that approved flight
simulator or approved flight training device if the training was
accomplished in accordance with part 142 of this chapter; or
(2) A maximum of 20 hours may be performed in that approved flight
simulator or approved flight training device if the training was not
accomplished in accordance with part 142 of this chapter.
Sec. 61.67 Category II pilot authorization requirements.
(a) General. A person who applies for a Category II pilot
authorization must hold:
(1) At least a private or commercial pilot certificate with an
instrument rating or an airline transport pilot certificate;
(2) A type rating for the aircraft for which the authorization is
sought if that aircraft requires a type rating; and
(3) A category and class rating for the aircraft for which the
authorization is sought.
(b) Experience requirements. An applicant for a Category II pilot
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 an approved flight simulator or an approved flight training device;
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.
(3) 250 hours of cross-country flight time as pilot in command.
(c) Practical test requirements. (1) A practical test must be
passed by a person who applies for--
(i) Issuance or renewal of a Category II pilot authorization; and
(ii) The addition of another type aircraft to the applicant's
Category II pilot authorization.
(2) To be eligible for the practical test for an authorization
under this section, an applicant must--
(i) Meet the requirements of paragraphs (a) and (b) of this
section; and
(ii) If the applicant has not passed a practical test for this
authorization during the 12 calendar months preceding the month of the
test, then that person must--
(A) Meet the requirements of Sec. 61.57(c); and
(B) Have performed at least six ILS approaches during the 6
calendar months preceding the month of the test, of which at least
three of the approaches must have been conducted without the use of an
approach coupler.
(3) The approaches specified in paragraph (c)(2)(ii)(B) of this
section--
(i) Must be conducted under actual or simulated instrument flight
conditions;
(ii) Must be conducted to the minimum decision height for the ILS
approach in the type aircraft in which the practical test is to be
conducted;
(iii) Need not be conducted to the decision height authorized for
Category II operations;
(iv) Must be conducted to the decision height authorized for
Category II operations only if conducted in an approved flight
simulator or an approved flight training device; and
(v) 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 or in an approved 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.
(4) The flight time acquired in meeting the requirements of
paragraph (c)(2)(ii)(B) of this section may be used to meet the
requirements of paragraph (c)(2)(ii)(A) of this section.
(d) Practical test procedures. The practical test consists of an
oral increment and a flight increment.
(1) Oral increment. In the oral increment of the practical test an
applicant must demonstrate knowledge of the following:
(i) Required landing distance;
(ii) Recognition of the decision height;
(iii) Missed approach procedures and techniques using computed or
fixed attitude guidance displays;
(iv) Use and limitations of RVR;
(v) Use of visual clues, their availability or limitations, and
altitude at which they are normally discernible at reduced RVR
readings;
(vi) Procedures and techniques related to transition from nonvisual
to visual flight during a final approach under reduced RVR;
(vii) Effects of vertical and horizontal windshear;
(viii) Characteristics and limitations of the ILS and runway
lighting system;
(ix) Characteristics and limitations of the flight director system,
auto approach coupler (including split axis type if equipped), auto
throttle system (if equipped), and other required Category II
equipment;
(x) Assigned duties of the second in command during Category II
approaches, unless the aircraft for which authorization is sought does
not require a second in command; and
(xi) Instrument and equipment failure warning systems.
(2) Flight increment. The following requirements apply to the
flight increment of the practical test:
(i) The flight increment must be conducted in an aircraft of the
same category, class, and type, as applicable, as the aircraft in which
the authorization is sought or in an approved flight simulator that--
[[Page 16319]]
(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) The flight increment must consist of at least two ILS
approaches to 100 feet AGL including at least one landing and one
missed approach.
(iii) All approaches performed during the flight increment must be
made with the use of an approved flight control guidance system, except
if an approved auto 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 for the
practical test, the flight increment must include the performance of
one missed approach 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 an approved multiengine flight simulator or approved
multiengine flight training device is used for the practical test, the
applicant must execute a missed approach with the most critical engine,
if applicable, failed.
(vi) For an authorization for an aircraft that requires 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.
(vii) Oral questioning may be conducted at any time during a
practical test.
Sec. 61.68 Category III pilot authorization requirements.
(a) General. A person who applies for a Category III pilot
authorization must hold:
(1) At least a private pilot certificate or commercial pilot
certificate with an instrument rating or an airline transport pilot
certificate;
(2) A type rating for the aircraft for which the authorization is
sought if that aircraft requires a type rating; and
(3) A category and class rating for the aircraft for which the
authorization is sought.
(b) Experience requirements. An applicant for a Category III pilot
authorization must have at least--
(1) 50 hours of night flight time as pilot in command.
(2) 75 hours of instrument flight time during actual or simulated
instrument conditions that may include not more than--
(i) A combination of 25 hours of simulated instrument flight time
in an approved flight simulator or an approved flight training device;
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.
(3) 250 hours of cross-country flight time as pilot in command.
(c) Practical test requirements. (1) A practical test must be
passed by a person who applies for--
(i) Issuance or renewal of a Category III pilot authorization; and
(ii) The addition of another type of aircraft to the applicant's
Category III pilot authorization.
(2) To be eligible for the practical test for an authorization
under this section, an applicant must--
(i) Meet the requirements of paragraphs (a) and (b) of this
section; and
(ii) If the applicant has not passed a practical test for this
authorization during the 12 calendar months preceding the month of the
test, then that person must--
(A) Meet the requirements of Sec. 61.57(c); and
(B) Have performed at least six ILS approaches during the 6
calendar months preceding the month of the test, of which at least
three of the approaches must have been conducted without the use of an
approach coupler.
(3) The approaches specified in paragraph (c)(2)(ii)(B) of this
section--
(i) Must be conducted under actual or simulated instrument flight
conditions;
(ii) Must be conducted to the alert height or decision height for
the ILS approach in the type aircraft in which the practical test is to
be conducted;
(iii) Need not be conducted to the decision height authorized for
Category III operations;
(iv) Must be conducted to the alert height or decision height, as
applicable, authorized for Category III operations only if conducted in
an approved flight simulator or approved flight training device; and
(v) 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 or in an approved flight simulator that--
(A) Represents an aircraft of the same category and class, and
type, as applicable, as the aircraft for 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.
(4) The flight time acquired in meeting the requirements of
paragraph (c)(2)(ii)(B) of this section may be used to meet the
requirements of paragraph (c)(2)(ii)(A) of this section.
(d) Practical test procedures. The practical test consists of an
oral increment and a flight increment.
(1) Oral increment. In the oral increment of the practical test an
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) Use and limitations of RVR, including determination of
controlling RVR and required transmissometers;
(vi) 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;
(C) The expected sequence of visual cues during an approach in
which visibility is at or above landing minima; and
(D) Procedures and techniques for making a transition from
instrument reference flight to visual flight during a final approach
under reduced RVR.
(vii) Effects of vertical and horizontal windshear;
(viii) Characteristics and limitations of the ILS and runway
lighting system;
(ix) Characteristics and limitations of the flight director system
auto approach coupler (including split axis type if equipped), auto
throttle system (if equipped), and other Category III equipment;
(x) 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;
(xi) Recognition of the limits of acceptable aircraft position and
flight path tracking during approach, flare, and, if applicable,
rollout; and
(xii) Recognition of, and reaction to, airborne or ground system
faults or
[[Page 16320]]
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 for
which the authorization is sought, or in an approved 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) The flight increment must consist of 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;
(iii) All approaches performed during the flight increment must be
made with the approved automatic landing system or an equivalent
landing system approved by the Administrator;
(iv) If a multiengine aircraft with the performance capability to
execute a missed approach with one engine inoperative is used for the
practical test, the flight increment must include the performance of
one missed approach with the most critical engine, if applicable, set
at idle or zero thrust before reaching the middle or outer marker;
(v) If an approved multiengine flight simulator or approved
multiengine flight training device is used, a missed approach must be
executed with an engine, which shall be the most critical engine, if
applicable, failed;
(vi) For an authorization for an aircraft that requires 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;
(vii) Oral questioning may be conducted at any time during the
practical test;
(viii) Subject to the limitations of this paragraph, 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 must be executed. The
maneuver required by this paragraph shall be initiated by a fail-
passive disconnect of the rollout control system--
(A) After main gear touchdown;
(B) Prior to nose gear touchdown;
(C) In conditions representative of the most adverse lateral
touchdown displacement allowing a safe landing on the runway; and
(D) In weather conditions anticipated in Category IIIb operations.
Sec. 61.69 Glider towing: Experience and training requirements.
(a) No person may act as pilot in command for towing a glider
unless that person:
(1) Holds at least a private pilot certificate with a category
rating for powered aircraft;
(2) Has logged at least 100 hours of pilot-in-command time in the
aircraft category, class, and type, if required, that the pilot is
using to tow a glider;
(3) Has a logbook endorsement from an authorized instructor with a
glider rating who certifies that the person has received ground and
flight training in gliders and is proficient in--
(i) The techniques and procedures essential to the safe towing of
gliders, including airspeed limitations;
(ii) Emergency procedures;
(iii) Signals used; and
(iv) Maximum angles of bank.
(4) Except as provided in paragraph (b) of this section, has logged
at least three flights as the sole manipulator of the controls of an
aircraft towing a glider or simulating glider-towing flight procedures
while accompanied by a pilot who meets the requirements of this
section;
(5) Except as provided in paragraph (b) of this section, has
received a logbook endorsement from the pilot, described in paragraph
(a)(4) of this section, certifying that the person has accomplished at
least 3 flights in an aircraft while towing a glider, or while
simulating glider-towing flight procedures; and
(6) Within the preceding 12 months has--
(i) Made at least three actual glider tows while accompanied by a
qualified pilot who meets the requirements of this section; or
(ii) Made at least three flights as pilot in command of a glider
towed by an aircraft.
(b) Any person who before May 17, 1967, has made and logged 10 or
more flights as pilot in command of an aircraft towing a glider in
accordance with a certificate of waiver need not comply with paragraphs
(a)(4) and (a)(5) of this section.
(c) The pilot, described in paragraph (a)(4) of this section, who
endorses the logbook of a person seeking glider-towing privileges must
have:
(1) Met the requirements of this section prior to endorsing the
logbook of the person seeking glider-towing privileges; and
(2) Logged at least 10 flights as pilot in command of an aircraft
while towing a glider.
(d) If the pilot described in paragraph (a)(4) of this section
holds only a private pilot certificate, then that pilot must have:
(1) Logged at least 100 hours of pilot-in-command time in
airplanes, or 200 hours of pilot-in-command time in a combination of
powered and other-than-powered aircraft; and
(2) Performed and logged at least three flights within the 12
calendar months preceding the month that pilot accompanies or endorses
the logbook of a person seeking glider-towing privileges--
(i) In an aircraft while towing a glider accompanied by another
pilot who meets the requirements of this section; or
(ii) As pilot in command of a glider being towed by an aircraft.
Sec. 61.71 Graduates of an approved training program other than under
this part: Special rules.
(a) A person who graduates from an approved training program under
part 141 or part 142 of this chapter is considered to have met the
applicable aeronautical experience, aeronautical knowledge, and areas
of operation requirements of this part if that person presents the
graduation certificate and passes the required practical test within
the 60-day period after the date of graduation.
(b) A person may apply for an airline transport pilot certificate,
type rating, or both under this part, and will be considered to have
met the applicable requirements under Sec. 61.157 of this part for that
certificate and rating, if that person has:
(1) Satisfactorily accomplished an approved training program and
the pilot in command proficiency check for that airplane type, in
accordance with the pilot in command requirements under subparts N and
O of part 121 of this chapter; and
(2) Applied for the airline transport pilot certificate, type
rating, or both within the 60-day period from the date the person
satisfactorily accomplished the approved training program and pilot in
command proficiency check for that airplane type.
Sec. 61.73 Military pilots or former military pilots: Special rules.
(a) General. Except for a rated military pilot or former rated
military pilot who has been removed from flying status for lack of
proficiency, or because of
[[Page 16321]]
disciplinary action involving aircraft operations, a rated military
pilot or former rated military pilot who meets the applicable
requirements of this section may apply, on the basis of his or her
military training, for:
(1) A commercial pilot certificate;
(2) An aircraft rating in the category and class of aircraft for
which that military pilot is qualified;
(3) An instrument rating with the appropriate aircraft rating for
which that military pilot is qualified; or
(4) A type rating, if appropriate.
(b) Military pilots on active flying status within the past 12
months. A rated military pilot or former rated military pilot who has
been on active flying status within the 12 months before applying must:
(1) Pass a knowledge test on the appropriate parts of this chapter
that apply to pilot privileges and limitations, air traffic and general
operating rules, and accident reporting rules;
(2) Present documentation showing compliance with the requirements
of paragraph (d) of this section for at least one aircraft category
rating; and
(3) Present documentation showing that the applicant is or was, at
any time during the 12 calendar months before the month of
application--
(i) A rated military pilot on active flying status in an armed
force of the United States; or
(ii) A rated military pilot of an armed force of a foreign
contracting State to the Convention on International Civil Aviation,
assigned to pilot duties (other than flight training) with an armed
force of the United States and holds, at the time of application, a
current civil pilot license issued by that contracting State
authorizing at least the privileges of the pilot certificate sought.
(c) Military pilots not on active flying status during the 12
calendar months before the month of application. A rated military pilot
or former rated military pilot who has not been on active flying status
within the 12 calendar months before the month of application must:
(1) Pass the appropriate knowledge and practical tests prescribed
in this part for the certificate or rating sought; and
(2) Present documentation showing that the applicant was or is,
within the 12 calendar months before the month of application, a rated
military pilot as prescribed by paragraph (b)(3) of this section.
(d) Aircraft category, class, and type ratings. A rated military
pilot or former rated military pilot who applies for an aircraft
category, class, or type rating, if applicable, is issued that rating
at the commercial pilot certificate level if the pilot presents
documentary evidence that shows satisfactory accomplishment of:
(1) An official U.S. military pilot check and instrument
proficiency check in that aircraft category, class, or type, if
applicable, as pilot in command during the 12 calendar months before
the month of application;
(2) At least 10 hours of pilot-in-command time in that aircraft
category, class, or type, if applicable, during the 12 calendar months
before the month of application; or
(3) An FAA practical test in that aircraft after--
(i) Meeting the requirements of paragraphs (b)(1) and (b)(2) of
this section; and
(ii) Having received an endorsement from an authorized instructor
who certifies that the pilot is proficient to take the required
practical test, and that endorsement is made within the 60-day period
preceding the date of the practical test.
(e) Instrument rating. A rated military pilot or former rated
military pilot who applies for an airplane instrument rating, a
helicopter instrument rating, or a powered-lift instrument rating to be
added to his or her commercial pilot certificate may apply for an
instrument rating if the pilot has, within the 12 calendar months
preceding the month of application:
(1) Passed an instrument proficiency check by a U.S. Armed Force in
the aircraft category for the instrument rating sought; and
(2) Received authorization from a U.S. Armed Force to conduct IFR
flights on Federal airways in that aircraft category and class for the
instrument rating sought.
(f) Aircraft type rating. An aircraft type rating is issued only
for aircraft types that the Administrator has certificated for civil
operations.
(g) Aircraft type rating placed on an airline transport pilot
certificate. A rated military pilot or former rated military pilot who
holds an airline transport pilot certificate and who requests an
aircraft type rating to be placed on that person's airline transport
pilot certificate may be issued that aircraft type rating at the
airline transport pilot certificate level, provided that person:
(1) Holds a category and class rating for that type of aircraft at
the airline transport pilot certificate level; and
(2) Passed an official U.S. military pilot check and instrument
proficiency check in that type of aircraft as pilot in command during
the 12 calendar months before the month of application.
(h) Evidentiary documents. The following documents are satisfactory
evidence for the purposes indicated:
(1) An official identification card issued to the pilot by an armed
force may be used to demonstrate membership in the armed forces.
(2) An original or a copy of a certificate of discharge or release
may be used to demonstrate discharge or release from an armed force or
former membership in an armed force.
(3) Current or previous status as a rated military pilot with a
U.S. Armed Force may be demonstrated by--
(i) An official U.S. Armed Force order to flight status as a
military pilot;
(ii) An official U.S. Armed Force form or logbook showing military
pilot status; or
(iii) An official order showing that the rated military pilot
graduated from a U.S. military pilot school and received a rating as a
military pilot.
(4) A certified U.S. Armed Force logbook or an appropriate official
U.S. Armed Force form or summary may be used to demonstrate flight time
in military aircraft as a member of a U.S. Armed Force.
(5) An official U.S. Armed Force record of a military checkout as
pilot in command may be used to demonstrate pilot in command status.
(6) A current instrument grade slip that is issued by a U.S. Armed
Force, or an official record of satisfactory accomplishment of an
instrument proficiency check during the 12 calendar months preceding
the month of the application may be used to demonstrate instrument
pilot qualification.
Sec. 61.75 Private pilot certificate issued on the basis of a foreign
pilot license.
(a) General. A person who holds a current foreign pilot license
issued by a contracting State to the Convention on International Civil
Aviation may apply for and be issued a private pilot certificate with
the appropriate ratings when the application is based on the foreign
pilot license that meets the requirements of this section.
(b) Certificate issued. A U.S. private pilot certificate that is
issued under this section shall specify the person's foreign license
number and country of issuance. A person who holds a current foreign
pilot license issued by a contracting State to the Convention on
International Civil Aviation may be issued a private pilot certificate
based on the foreign pilot license without any further showing of
proficiency, provided the applicant:
(1) Meets the requirements of this section;
[[Page 16322]]
(2) Holds a foreign pilot license that--
(i) Is not under an order of revocation or suspension by the
foreign country that issued the foreign pilot license; and
(ii) Does not contain an endorsement stating that the applicant has
not met all of the standards of ICAO for that license;
(3) Does not currently hold a U.S. pilot certificate;
(4) Holds a current medical certificate issued under part 67 of
this chapter or a current medical certificate issued by the country
that issued the person's foreign pilot license; and
(5) Is able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's pilot certificate as are necessary for
the safe operation of the aircraft.
(c) Aircraft ratings issued. Aircraft ratings listed on a person's
foreign pilot license, in addition to any issued after testing under
the provisions of this part, may be placed on that person's U.S. pilot
certificate.
(d) Instrument ratings issued. A person who holds an instrument
rating on the foreign pilot license issued by a contracting State to
the Convention on International Civil Aviation may be issued an
instrument rating on a U.S. private pilot certificate provided:
(1) The person's foreign pilot license authorizes instrument
privileges;
(2) Within 24 months preceding the month in which the person
applies for the instrument rating, the person passes the appropriate
knowledge test; and
(3) The person is able to read, speak, write, and understand the
English language. If the applicant is unable to meet one of these
requirements due to medical reasons, then the Administrator may place
such operating limitations on that applicant's pilot certificate as are
necessary for the safe operation of the aircraft.
(e) Operating privileges and limitations. A person who receives a
U.S. private pilot certificate that has been issued under the
provisions of this section:
(1) May act as a pilot of a civil aircraft of U.S. registry in
accordance with the private pilot privileges authorized by this part;
(2) Is limited to the privileges placed on the certificate by the
Administrator;
(3) Is subject to the limitations and restrictions on the person's
U.S. certificate and foreign pilot license when exercising the
privileges of that U.S. pilot certificate in an aircraft of U.S.
registry operating within or outside the United States; and
(4) Shall not exercise the privileges of that U.S. private pilot
certificate when the person's foreign pilot license has been revoked or
suspended.
(f) Limitation on licenses used as the basis for a U.S.
certificate. Only one foreign pilot license may be used as a basis for
issuing a U.S. private pilot certificate. The foreign pilot license and
medical certification used as a basis for issuing a U.S. private pilot
certificate under this section must be in the English language or
accompanied by an English language transcription that has been signed
by an official or representative of the foreign aviation authority that
issued the foreign pilot license.
(g) Limitation placed on a U.S. private pilot certificate. A U.S.
private pilot certificate issued under this section is valid only when
the holder has the foreign pilot license upon which the issuance of the
U.S. private pilot certificate was based in the holder's personal
possession or readily accessible in the aircraft.
Sec. 61.77 Special purpose pilot authorization: Operation of U.S.-
registered civil aircraft leased by a person who is not a U.S. citizen.
(a) General. After meeting the requirements of this section, a
holder of a foreign pilot license issued by a contracting State to the
Convention on International Civil Aviation may be issued a special
purpose pilot authorization by the Administrator for the purpose of
performing pilot duties:
(1) On a civil aircraft of U.S. registry that is leased to a person
who is not a citizen of the United States; and
(2) For carrying persons or property for compensation or hire on
that aircraft.
(b) Eligibility. To be eligible for the issuance or renewal of a
special purpose pilot authorization, a person must:
(1) Hold a current foreign pilot license that has been issued by
the aeronautical authority of a contracting State to the Convention on
International Civil Aviation from which the person holds citizenship or
resident status;
(2) Hold a foreign pilot license that contains the appropriate
aircraft category, class, instrument rating, and type rating, if
appropriate, for the aircraft to be flown;
(3) Meet the medical standards for the issuance of the foreign
pilot license from the aeronautical authority of the contracting State
to the Convention on International Civil Aviation where the person
holds citizenship or resident status;
(4) Must not already hold a special purpose pilot authorization,
but if the person already holds a special purpose pilot authorization,
then that special purpose pilot authorization must either be
surrendered to the FAA Flight Standards District Office that issued it,
or to the FAA Flight Standards District Office processing the
application for the authorization prior to being issued another special
purpose pilot authorization;
(5) Meet the currency requirements of this part and present a
logbook or flight record showing compliance with the currency
requirements of this part;
(6) Show when the person will reach the age of 60 years by
providing an official copy of the applicant's birth certificate or
other official documentation; and
(7) Present a copy of the foreign pilot license and a letter to an
FAA Flight Standards District Office from the lessee of the aircraft
that--
(i) Acknowledges the person is employed by the lessee;
(ii) Specifies the aircraft type in which the person will be
performing pilot duties; and
(iii) States that the person is currently qualified to exercise the
privileges listed on that person's pilot license for the aircraft to be
flown, and that the person has satisfactorily accomplished the
applicable ground and flight training in the aircraft type in which the
person will be performing pilot duties.
(c) Privileges. A person issued a special purpose pilot
authorization under this section:
(1) May exercise the privileges prescribed on the special purpose
pilot authorization; and
(2) Must comply with the limitations specified in this section and
any additional limitations specified on the special purpose pilot
authorization.
(d) General limitations. A person exercising the privileges of a
special purpose pilot authorization:
(1) May apply for a 60-calendar-month extension of that
authorization, provided the person--
(i) Continues to meet the requirements of this section; and
(ii) Surrenders the expired special purpose pilot authorization
upon receipt of the new authorization.
(2) Holds only one special purpose pilot authorization;
(3) Conducts any flight between foreign countries in foreign air
commerce within the time period allotted on the authorization; and
(4) Has the foreign pilot license and special purpose pilot
authorization in his or her physical possession or immediately
accessible in the aircraft, while exercising the privileges of that
special purpose pilot authorization.
(e) Age limitation. Except as provided in paragraph (g) of this
section, no
[[Page 16323]]
person who holds a special purpose pilot authorization issued under
this part, and no person who holds a special purpose pilot certificate
issued under this part before August 4, 1997, shall serve as a pilot on
a civil airplane of U.S. registry if the person has reached his or her
60th birthday, in the following operations:
(1) Scheduled international air services carrying passengers in
turbojet-powered airplanes;
(2) Scheduled international air services carrying passengers in
airplanes having a passenger-seat configuration of more than nine
passenger seats, excluding each crewmember seat;
(3) Nonscheduled international air transportation for compensation
or hire in airplanes having a passenger-seat configuration of more than
30 passenger seats, excluding each crewmember seat; or
(4) Scheduled international air services, or nonscheduled
international air transportation for compensation or hire, in airplanes
having a payload capacity of more than 7,500 pounds.
(f) Definitions. (1) ``International air service,'' as used in
paragraph (e) of this section, means scheduled air service performed in
airplanes for the public transport of passengers, mail, or cargo, in
which the service passes through the air space over the territory of
more than one country.
(2) ``International air transportation,'' as used in paragraph (e)
of this section, means air transportation performed in airplanes for
the public transport of passengers, mail, or cargo, in which service
passes through the air space over the territory of more than one
country.
(g) Delayed pilot age limitations for certain operations. Until
December 20, 1999, a person may serve as a pilot in the operations
specified in paragraph (e) of this section after that person has
reached his or her 60th birthday, if, on March 20, 1997, that person
was employed as a pilot in any of these operations:
(1) Scheduled international air services carrying passengers in
nontransport category turbopropeller-powered airplanes type
certificated after December 31, 1964, that have a passenger seat
configuration of 10 to 19 seats;
(2) Scheduled international air services carrying passengers in
transport category turbopropeller-powered airplanes that have a
passenger seat configuration of 20 to 30 seats; or
(3) Scheduled international air services carrying passengers in
turbojet-powered airplanes having a passenger seat configuration of 1
to 30 seats.
(h) Expiration date. Each special purpose pilot authorization
issued under this section expires:
(1) 60 calendar months from the month it was issued, unless sooner
suspended or revoked;
(2) When the lease agreement for the aircraft expires or the lessee
terminates the employment of the person who holds the special purpose
pilot authorization;
(3) Whenever the person's foreign pilot license has been suspended,
revoked, or is no longer valid; or
(4) When the person no longer meets the medical standards for the
issuance of the foreign pilot license.
Subpart C--Student Pilots
Sec. 61.81 Applicability.
This subpart prescribes the requirements for the issuance of
student pilot certificates, the conditions under which those
certificates are necessary, and the general operating rules and
limitations for the holders of those certificates.
Sec. 61.83 Eligibility requirements for student pilots.
To be eligible for a student pilot certificate, an applicant must:
(a) Be at least 16 years of age for other than the operation of a
glider or balloon.
(b) Be at least 14 years of age for the operation of a glider or
balloon.
(c) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's pilot certificate as are necessary for
the safe operation of the aircraft.
Sec. 61.85 Application.
An application for a student pilot certificate is made on a form
and in a manner provided by the Administrator and is submitted to:
(a) A designated aviation medical examiner if applying for an FAA
medical certificate under part 67 of this chapter;
(b) An examiner; or
(c) A Flight Standards District Office.
Sec. 61.87 Solo requirements for student pilots.
(a) General. A student pilot may not operate an aircraft in solo
flight unless that student has met the requirements of this section.
The term ``solo flight,'' as used in this subpart, means that flight
time during which a student pilot is the sole occupant of the aircraft,
or that flight time during which the student acts as a pilot in command
of a gas balloon or an airship requiring more than one flight
crewmember.
(b) Aeronautical knowledge. A student pilot must demonstrate
satisfactory aeronautical knowledge on a knowledge test that meets the
requirements of this paragraph:
(1) The test must address the student pilot's knowledge of--
(i) Applicable sections of parts 61 and 91 of this chapter;
(ii) Airspace rules and procedures for the airport where the solo
flight will be performed; and
(iii) Flight characteristics and operational limitations for the
make and model of aircraft to be flown.
(2) The student's authorized instructor must--
(i) Administer the test; and
(ii) At the conclusion of the test, review all incorrect answers
with the student before authorizing that student to conduct a solo
flight.
(c) Pre-solo flight training. Prior to conducting a solo flight, a
student pilot must have:
(1) Received and logged flight training for the maneuvers and
procedures of this section that are appropriate to the make and model
of aircraft to be flown; and
(2) Demonstrated satisfactory proficiency and safety, as judged by
an authorized instructor, on the maneuvers and procedures required by
this section in the make and model of aircraft or similar make and
model of aircraft to be flown.
(d) Maneuvers and procedures for pre-solo flight training in a
single-engine airplane. A student pilot who is receiving training for a
single-engine airplane rating must receive and log flight training for
the following maneuvers and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents, with and without turns, using high and low drag
configurations;
(9) Flight at various airspeeds from cruise to slow flight;
(10) Stall entries from various flight attitudes and power
combinations with recovery initiated at the first indication of a
stall, and recovery from a full stall;
(11) Emergency procedures and equipment malfunctions;
[[Page 16324]]
(12) Ground reference maneuvers;
(13) Approaches to a landing area with simulated engine
malfunctions;
(14) Slips to a landing; and
(15) Go-arounds.
(e) Maneuvers and procedures for pre-solo flight training in a
multiengine airplane. A student pilot who is receiving training for a
multiengine airplane rating must receive and log flight training for
the following maneuvers and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents, with and without turns, using high and low drag
configurations;
(9) Flight at various airspeeds from cruise to slow flight;
(10) Stall entries from various flight attitudes and power
combinations with recovery initiated at the first indication of a
stall, and recovery from a full stall;
(11) Emergency procedures and equipment malfunctions;
(12) Ground reference maneuvers;
(13) Approaches to a landing area with simulated engine
malfunctions; and
(14) Go-arounds.
(f) Maneuvers and procedures for pre-solo flight training in a
helicopter. A student pilot who is receiving training for a helicopter
rating must receive and log flight training for the following maneuvers
and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents with and without turns;
(9) Flight at various airspeeds;
(10) Emergency procedures and equipment malfunctions;
(11) Ground reference maneuvers;
(12) Approaches to the landing area;
(13) Hovering and hovering turns;
(14) Go-arounds;
(15) Simulated emergency procedures, including autorotational
descents with a power recovery and power recovery to a hover;
(16) Rapid decelerations; and
(17) Simulated one-engine-inoperative approaches and landings for
multiengine helicopters.
(g) Maneuvers and procedures for pre-solo flight training in a
gyroplane. A student pilot who is receiving training for a gyroplane
rating must receive and log flight training for the following maneuvers
and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents with and without turns;
(9) Flight at various airspeeds;
(10) Emergency procedures and equipment malfunctions;
(11) Ground reference maneuvers;
(12) Approaches to the landing area;
(13) High rates of descent with power on and with simulated power
off, and recovery from those flight configurations;
(14) Go-arounds; and
(15) Simulated emergency procedures, including simulated power-off
landings and simulated power failure during departures.
(h) Maneuvers and procedures for pre-solo flight training in a
powered-lift. A student pilot who is receiving training for a powered-
lift rating must receive and log flight training in the following
maneuvers and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents with and without turns;
(9) Flight at various airspeeds from cruise to slow flight;
(10) Stall entries from various flight attitudes and power
combinations with recovery initiated at the first indication of a
stall, and recovery from a full stall;
(11) Emergency procedures and equipment malfunctions;
(12) Ground reference maneuvers;
(13) Approaches to a landing with simulated engine malfunctions;
(14) Go-arounds;
(15) Approaches to the landing area;
(16) Hovering and hovering turns; and
(17) For multiengine powered-lifts, simulated one-engine-
inoperative approaches and landings.
(i) Maneuvers and procedures for pre-solo flight training in a
glider. A student pilot who is receiving training for a glider rating
must receive and log flight training for the following maneuvers and
procedures:
(1) Proper flight preparation procedures, including preflight
planning, preparation, aircraft systems, and, if appropriate,
powerplant operations;
(2) Taxiing or surface operations, including runups, if applicable;
(3) Launches, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Airport traffic patterns, including entry procedures;
(6) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(7) Descents with and without turns using high and low drag
configurations;
(8) Flight at various airspeeds;
(9) Emergency procedures and equipment malfunctions;
(10) Ground reference maneuvers;
(11) Inspection of towline rigging and review of signals and
release procedures;
(12) Aerotow, ground tow, or self-launch procedures;
(13) Procedures for disassembly and assembly of the glider;
(14) Stall entry, stall, and stall recovery;
(15) Straight glides, turns, and spirals;
(16) Landings, including normal and crosswind;
(17) Slips to a landing;
(18) Procedures and techniques for thermalling; and
(19) Emergency operations, including towline break procedures.
(j) Maneuvers and procedures for pre-solo flight training in an
airship. A student pilot who is receiving training for an airship
rating must receive and log flight training for the following maneuvers
and procedures:
[[Page 16325]]
(1) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft systems;
(2) Taxiing or surface operations, including runups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs and climbing turns;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(8) Descents with and without turns;
(9) Flight at various airspeeds from cruise to slow flight;
(10) Emergency procedures and equipment malfunctions;
(11) Ground reference maneuvers;
(12) Rigging, ballasting, and controlling pressure in the
ballonets, and superheating; and
(13) Landings with positive and with negative static trim.
(k) Maneuvers and procedures for pre-solo flight training in a
balloon. A student pilot who is receiving training in a balloon must
receive and log flight training for the following maneuvers and
procedures:
(1) Layout and assembly procedures;
(2) Proper flight preparation procedures, including preflight
planning and preparation, and aircraft systems;
(3) Ascents and descents;
(4) Landing and recovery procedures;
(5) Emergency procedures and equipment malfunctions;
(6) Operation of hot air or gas source, ballast, valves, vents, and
rip panels, as appropriate;
(7) Use of deflation valves or rip panels for simulating an
emergency;
(8) The effects of wind on climb and approach angles; and
(9) Obstruction detection and avoidance techniques.
(l) Limitations on student pilots operating an aircraft in solo
flight. A student pilot may not operate an aircraft in solo flight
unless that student pilot has received:
(1) An endorsement from an authorized instructor on his or her
student pilot certificate for the specific make and model aircraft to
be flown; and
(2) An endorsement in the student's logbook for the specific make
and model aircraft to be flown by an authorized instructor, who gave
the training within the 90 days preceding the date of the flight.
(m) Limitations on student pilots operating an aircraft in solo
flight at night. A student pilot may not operate an aircraft in solo
flight at night unless that student pilot has received:
(1) Flight training at night on night flying procedures that
includes takeoffs, approaches, landings, and go-arounds at night at the
airport where the solo flight will be conducted;
(2) Navigation training at night in the vicinity of the airport
where the solo flight will be conducted;
(3) An endorsement from an authorized instructor in the student's
logbook for the specific make and model aircraft to be flown for night
solo flight; and
(4) An endorsement in the student's logbook for the specific make
and model aircraft to be flown for night solo flight by an authorized
instructor who gave the training within the 90-day period preceding the
date of the flight.
(n) Limitations on flight instructors authorizing solo flight. (1)
No instructor may authorize a student pilot to perform a solo flight
unless that instructor has--
(i) Given that student pilot training in the make and model of
aircraft or a similar make and model of aircraft in which the solo
flight is to be flown;
(ii) Determined the student pilot is proficient in the maneuvers
and procedures prescribed in this section;
(iii) Determined the student pilot is proficient in the make and
model of aircraft to be flown;
(iv) Ensured that the student pilot's certificate has been endorsed
by an instructor authorized to provide flight training for the specific
make and model aircraft to be flown; and
(v) Endorsed the student pilot's logbook for the specific make and
model aircraft to be flown, and that endorsement remains current for
solo flight privileges, provided an authorized instructor updates the
student's logbook every 90 days thereafter.
(2) The flight training required by this section must be given by
an instructor authorized to provide flight training who is
appropriately rated and current.
Sec. 61.89 General limitations.
(a) A student pilot may not act as pilot in command of an aircraft:
(1) That is carrying a passenger;
(2) That is carrying property for compensation or hire;
(3) For compensation or hire;
(4) In furtherance of a business;
(5) On an international flight, except that a student pilot may
make solo training flights from Haines, Gustavus, or Juneau, Alaska, to
White Horse, Yukon, Canada, and return over the province of British
Columbia;
(6) With a flight or surface visibility of less than 3 statute
miles during daylight hours or 5 statute miles at night;
(7) When the flight cannot be made with visual reference to the
surface; or
(8) In a manner contrary to any limitations placed in the pilot's
logbook by an authorized instructor.
(b) A student pilot may not act as a required pilot flight
crewmember on any aircraft for which more than one pilot is required by
the type certificate of the aircraft or regulations under which the
flight is conducted, except when receiving flight training from an
authorized instructor on board an airship, and no person other than a
required flight crewmember is carried on the aircraft.
Sec. 61.91 [Reserved]
Sec. 61.93 Solo cross-country flight requirements.
(a) General. (1) Except as provided in paragraph (b) of this
section, a student pilot must meet the requirements of this section
before--
(i) Conducting a solo cross-country flight, or any flight greater
than 25 nautical miles from the airport from where the flight
originated.
(ii) Making a solo flight and landing at any location other than
the airport of origination.
(2) Except as provided in paragraph (b) of this section, a student
pilot who seeks solo cross-country flight privileges must:
(i) Have received flight training from an instructor authorized to
provide flight training on the maneuvers and procedures of this section
that are appropriate to the make and model of aircraft for which solo
cross-country privileges are sought;
(ii) Have demonstrated cross-country proficiency on the appropriate
maneuvers and procedures of this section to an authorized instructor;
(iii) Have satisfactorily accomplished the pre-solo flight
maneuvers and procedures required by Sec. 61.87 of this part in the
make and model of aircraft or similar make and model of aircraft for
which solo cross-country privileges are sought; and
(iv) Comply with any limitations included in the instructor's
endorsement that are required by paragraph (c) of this section.
(3) A student pilot who seeks solo cross-country flight privileges
must have received ground and flight training from an authorized
instructor on the cross-country maneuvers and procedures listed in this
section that are appropriate to the aircraft to be flown.
(b) Authorization to perform certain solo flights and cross-country
flights. A
[[Page 16326]]
student pilot must obtain an endorsement from an authorized instructor
to make solo flights from the airport where the student pilot normally
receives training to another location. A student pilot who receives
this endorsement must comply with the requirements of this paragraph.
(1) Solo flights may be made to another airport that is within 25
nautical miles from the airport where the student pilot normally
receives training, provided--
(i) An authorized instructor has given the student pilot flight
training at the other airport, and that training includes flight in
both directions over the route, entering and exiting the traffic
pattern, and takeoffs and landings at the other airport;
(ii) The instructor who gave the training endorses the student
pilot's logbook authorizing the flight;
(iii) The student pilot has current solo flight endorsements in
accordance with Sec. 61.87 of this part;
(iv) The instructor has determined that the student pilot is
proficient to make the flight; and
(v) The purpose of the flight is to practice takeoffs and landings
at that other airport.
(2) Repeated specific solo cross-country flights may be made to
another airport that is within 50 nautical miles of the airport from
which the flight originated, provided--
(i) The authorized instructor has given the student flight training
in both directions over the route, including entering and exiting the
traffic patterns, takeoffs, and landings at the airports to be used;
(ii) The instructor who gave the training has endorsed the
student's logbook certifying that the student is proficient to make
such flights;
(iii) The student has current solo flight endorsements in
accordance with Sec. 61.87 of this part; and
(iv) The student has current solo cross-country flight endorsements
in accordance with paragraph (c) of this section; however, for repeated
solo cross-country flights to another airport within 50 nautical miles
from which the flight originated, separate endorsements are not
required to be made for each flight.
(c) Endorsements for solo cross-country flights. Except as
specified in paragraph (b)(2) of this section, a student pilot must
have the endorsements prescribed in this paragraph for each cross-
country flight:
(1) Student pilot certificate endorsement. A student pilot must
have a solo cross-country endorsement from the authorized instructor
who conducted the training, and that endorsement must be placed on that
person's student pilot certificate for the specific category of
aircraft to be flown.
(2) Logbook endorsement. (i) A student pilot must have a solo
cross-country endorsement from an authorized instructor that is placed
in the student pilot's logbook for the specific make and model of
aircraft to be flown.
(ii) A certificated pilot who is receiving training for an
additional aircraft category and class rating must have an endorsement
from an authorized instructor that is placed in the student pilot's
logbook for the specific make and model of aircraft to be flown.
(iii) For each cross-country flight, the authorized instructor who
reviews the cross-country planning must make an endorsement in the
person's logbook after reviewing that person's cross-country planning,
as specified in paragraph (d) of this section. The endorsement must--
(A) Specify the make and model of aircraft to be flown;
(B) State that the student's preflight planning and preparation is
correct and that the student is prepared to make the flight safely
under the known conditions; and
(C) State that any limitations required by the student's instructor
are met.
(d) Limitations on authorized instructors to permit solo cross-
country flights. An authorized instructor may not permit a student
pilot to conduct a solo cross-country flight unless that instructor
has:
(1) Determined that the student's cross-country planning is correct
for the flight;
(2) Reviewed the current and forecast weather conditions and has
determined that the flight can be completed under VFR;
(3) Determined that the student is proficient to conduct the flight
safely;
(4) Determined that the student has the appropriate solo cross-
country endorsement for the make and model of aircraft to be flown; and
(5) Determined that the student's solo flight endorsement is
current for the make and model aircraft to be flown.
(e) Maneuvers and procedures for cross-country flight training in a
single-engine airplane. A student pilot who is receiving training for
cross-country flight in a single-engine airplane must receive and log
flight training in the following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
(10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
(11) Climbs at best angle and best rate; and
(12) Control and maneuvering solely by reference to flight
instruments, including straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives.
(f) Maneuvers and procedures for cross-country flight training in a
multiengine airplane. A student pilot who is receiving training for
cross-country flight in a multiengine airplane must receive and log
flight training in the following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
[[Page 16327]]
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
(10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
(11) Climbs at best angle and best rate; and
(12) Control and maneuvering solely by reference to flight
instruments, including straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives.
(g) Maneuvers and procedures for cross-country flight training in a
helicopter. A student pilot who is receiving training for cross-country
flight in a helicopter must receive and log flight training for the
following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
and
(10) Takeoff, approach, and landing procedures.
(h) Maneuvers and procedures for cross-country flight training in a
gyroplane. A student pilot who is receiving training for cross-country
flight in a gyroplane must receive and log flight training in the
following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
and
(10) Takeoff, approach, and landing procedures, including short-
field and soft-field takeoffs, approaches, and landings.
(i) Maneuvers and procedures for cross-country flight training in a
powered-lift. A student pilot who is receiving training for cross-
country flight training in a powered-lift must receive and log flight
training in the following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
(10) Takeoff, approach, and landing procedures that include high-
altitude, steep, and shallow takeoffs, approaches, and landings; and
(11) Control and maneuvering solely by reference to flight
instruments, including straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives.
(j) Maneuvers and procedures for cross-country flight training in a
glider. A student pilot who is receiving training for cross-country
flight in a glider must receive and log flight training in the
following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Landings accomplished without the use of the altimeter from at
least 2,000 feet above the surface; and
(10) Recognition of weather and upper air conditions favorable for
cross-country soaring, ascending and descending flight, and altitude
control.
(k) Maneuvers and procedures for cross-country flight training in
an airship. A student pilot who is receiving training for cross-country
flight in an airship must receive and log flight training for the
following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-country
flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
[[Page 16328]]
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use of
the proper operational procedures and indications;
(9) Use of radios for VFR navigation and two-way communications;
(10) Control of air pressure with regard to ascending and
descending flight and altitude control;
(11) Control of the airship solely by reference to flight
instruments; and
(12) Recognition of weather and upper air conditions conducive for
the direction of cross-country flight.
Sec. 61.95 Operations in Class B airspace and at airports located
within Class B airspace.
(a) A student pilot may not operate an aircraft on a solo flight in
Class B airspace unless:
(1) The student pilot has received both ground and flight training
from an authorized instructor on that Class B airspace area, and the
flight training was received in the specific Class B airspace area for
which solo flight is authorized;
(2) The logbook of that student pilot has been endorsed by the
instructor who gave the student pilot flight training, and the
endorsement is dated within the 90-day period preceding the date of the
flight in that Class B airspace area; and
(3) The logbook endorsement specifies that the student pilot has
received the required ground and flight training, and has been found
proficient to conduct solo flight in that specific Class B airspace
area.
(b) A student pilot may not operate an aircraft on a solo flight
to, from, or at an airport located within Class B airspace pursuant to
Sec. 91.131(b) of this chapter unless:
(1) The student pilot has received both ground and flight training
from an instructor authorized to provide training to operate at that
airport, and the flight and ground training has been received at the
specific airport for which the solo flight is authorized;
(2) The logbook of that student pilot has been endorsed by an
authorized instructor who gave the student pilot flight training, and
the endorsement is dated within the 90-day period preceding the date of
the flight at that airport; and
(3) The logbook endorsement specifies that the student pilot has
received the required ground and flight training, and has been found
proficient to conduct solo flight operations at that specific airport.
Subpart D--Recreational Pilots
Sec. 61.96 Applicability and eligibility requirements: General.
(a) This subpart prescribes the requirement for the issuance of
recreational pilot certificates and ratings, the conditions under which
those certificates and ratings are necessary, and the general operating
rules for persons who hold those certificates and ratings.
(b) To be eligible for a recreational pilot certificate, a person
who applies for that certificate must:
(1) Be at least 17 years of age;
(2) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's pilot certificate as are necessary for
the safe operation of the aircraft;
(3) Receive a logbook endorsement from an authorized instructor
who--
(i) Conducted the training or reviewed the applicant's home study
on the aeronautical knowledge areas listed in Sec. 61.97(b) of this
part that apply to the aircraft category and class rating sought; and
(ii) Certified that the applicant is prepared for the required
knowledge test.
(4) Pass the required knowledge test on the aeronautical knowledge
areas listed in Sec. 61.97(b) of this part;
(5) Receive flight training and a logbook endorsement from an
authorized instructor who--
(i) Conducted the training on the areas of operation listed in
Sec. 61.98(b) of this part that apply to the aircraft category and
class rating sought; and
(ii) Certified that the applicant is prepared for the required
practical test.
(6) Meet the aeronautical experience requirements of Sec. 61.99 of
this part that apply to the aircraft category and class rating sought;
(7) Pass the required practical test on the areas of operation
listed in Sec. 61.98(b) of this part that apply to the aircraft
category and class rating sought; and
(8) Comply with the sections of this part that apply to the
aircraft category and class rating sought.
Sec. 61.97 Aeronautical knowledge.
(a) General. A person who applies for a recreational pilot
certificate must receive and log ground training from an authorized
instructor or complete a home-study course on the aeronautical
knowledge areas of paragraph (b) of this section that apply to the
aircraft category and class rating sought.
(b) Aeronautical knowledge areas. (1) Applicable Federal Aviation
Regulations of this chapter that relate to recreational pilot
privileges, limitations, and flight operations;
(2) Accident reporting requirements of the National Transportation
Safety Board;
(3) Use of the applicable portions of the ``Aeronautical
Information Manual'' and FAA ACs;
(4) Use of aeronautical charts for VFR navigation using pilotage
with the aid of a magnetic compass;
(5) Recognition of critical weather situations from the ground and
in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts;
(6) Safe and efficient operation of aircraft, including collision
avoidance, and recognition and avoidance of wake turbulence;
(7) Effects of density altitude on takeoff and climb performance;
(8) Weight and balance computations;
(9) Principles of aerodynamics, powerplants, and aircraft systems;
(10) Stall awareness, spin entry, spins, and spin recovery
techniques, if applying for an airplane single-engine rating;
(11) Aeronautical decision making and judgment; and
(12) Preflight action that includes--
(i) How to obtain information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements; and
(ii) How to plan for alternatives if the planned flight cannot be
completed or delays are encountered.
Sec. 61.98 Flight proficiency.
(a) General. A person who applies for a recreational pilot
certificate must have received and logged ground and flight training
from an authorized instructor on the areas of operation of this section
that apply to the aircraft category and class rating sought.
(b) Areas of operation. (1) For a single-engine airplane rating:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
[[Page 16329]]
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations; and
(x) Postflight procedures.
(2) For a helicopter rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Ground reference maneuvers;
(viii) Navigation;
(ix) Emergency operations; and
(x) Postflight procedures.
(3) For a gyroplane rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations; and
(x) Postflight procedures.
Sec. 61.99 Aeronautical experience.
A person who applies for a recreational pilot certificate must
receive and log at least 30 hours of flight training time that includes
at least:
(a) 15 hours of flight training from an authorized instructor on
the areas of operation listed in Sec. 61.98 of this part that consists
of at least:
(1) Except as provided in Sec. 61.100 of this part, 2 hours of
flight training en route to an airport that is located more than 25
nautical miles from the airport where the applicant normally trains,
which includes at least three takeoffs and three landings at the
airport located more than 25 nautical miles from the airport where the
applicant normally trains; and
(2) 3 hours of flight training in the aircraft for the rating
sought in preparation for the practical test within the 60 days
preceding the date of the practical test.
(b) 3 hours of solo flying in the aircraft for the rating sought,
on the areas of operation listed in Sec. 61.98 of this part that apply
to the aircraft category and class rating sought.
Sec. 61.100 Pilots based on small islands.
(a) An applicant located on an island from which the flight
training required in Sec. 61.99(a)(1) of this part cannot be
accomplished without flying over water for more than 10 nautical miles
from the nearest shoreline need not comply with the requirements of
that section. However, if other airports that permit civil operations
are available to which a flight may be made without flying over water
for more than 10 nautical miles from the nearest shoreline, the
applicant must show completion of a dual flight between two airports,
which must include three landings at the other airport.
(b) An applicant who complies with paragraph (a) of this section
and meets all requirements for the issuance of a recreational pilot
certificate, except the requirements of Sec. 61.99(a)(1) of this part,
will be issued a pilot certificate with an endorsement containing the
following limitation, ``Passenger carrying prohibited on flights more
than 10 nautical miles from (the appropriate island).'' The limitation
may be subsequently amended to include another island if the applicant
complies with the requirements of paragraph (a) of this section for
another island.
(c) Upon meeting the requirements of Sec. 61.99(a)(1) of this part,
the applicant may have the limitation(s) in paragraph (b) of this
section removed.
Sec. 61.101 Recreational pilot privileges and limitations.
(a) A person who holds a recreational pilot certificate may:
(1) Carry no more than one passenger; and
(2) Not pay less than the pro rata share of the operating expenses
of a flight with a passenger, provided the expenses involve only fuel,
oil, airport expenses, or aircraft rental fees.
(b) A person who holds a recreational pilot certificate may act as
pilot in command of an aircraft on a flight that is within 50 nautical
miles from the departure airport, provided that person has:
(1) Received ground and flight training for takeoff, departure,
arrival, and landing procedures at the departure airport;
(2) Received ground and flight training for the area, terrain, and
aids to navigation that are in the vicinity of the departure airport;
(3) Been found proficient to operate the aircraft at the departure
airport and the area within 50 nautical miles from that airport; and
(4) Received from an authorized instructor a logbook endorsement,
which is carried in the person's possession in the aircraft, that
permits flight within 50 nautical miles from the departure airport.
(c) A person who holds a recreational pilot certificate may act as
pilot in command of an aircraft on a flight that exceeds 50 nautical
miles from the departure airport, provided that person has:
(1) Received ground and flight training from an authorized
instructor on the cross-country training requirements of subpart E of
this part that apply to the aircraft rating held;
(2) Been found proficient in cross-country flying; and
(3) Received from an authorized instructor a logbook endorsement,
which is carried on the person's possession in the aircraft, that
certifies the person has received and been found proficient in the
cross-country training requirements of subpart E of this part that
apply to the aircraft rating held.
(d) Except as provided in paragraph (h) of this section, a
recreational pilot may not act as pilot in command of an aircraft:
(1) That is certificated for more than four occupants, with more
than one powerplant, with a powerplant of more than 180 horsepower, or
with retractable landing gear.
(2) That is classified as a multiengine airplane, powered-lift,
glider, airship, or balloon;
(3) That is carrying a passenger or property for compensation or
hire;
(4) For compensation or hire;
(5) In furtherance of a business;
(6) Between sunset and sunrise;
(7) In airspace in which communication with air traffic control is
required;
(8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL,
whichever is higher;
(9) When the flight or surface visibility is less than 3 statute
miles;
(10) Without visual reference to the surface;
(11) On a flight outside the United States;
(12) To demonstrate that aircraft in flight to a prospective buyer;
(13) That is used in a passenger-carrying airlift and sponsored by
a charitable organization; and
(14) That is towing any object.
(e) A recreational pilot may not act as a pilot flight crewmember
on any aircraft for which more than one pilot is required by the type
certificate of the aircraft or the regulations under which the flight
is conducted, except when:
(1) Receiving flight training from a person authorized to provide
flight training on board an airship; and
(2) No person other than a required flight crewmember is carried on
the aircraft.
(f) A person who holds a recreational pilot certificate, has logged
fewer than 400 flight hours, and has not logged pilot-in-command time
in an aircraft within the 180 days preceding the flight shall not act
as pilot in command of an aircraft until the pilot receives flight
[[Page 16330]]
training and a logbook endorsement from an authorized instructor, and
the instructor certifies that the person is proficient to act as pilot
in command of the aircraft. This requirement can be met in combination
with the requirements of Secs. 61.56 and 61.57 of this part, at the
discretion of the authorized instructor.
(g) A recreational pilot certificate issued under this subpart
carries the notation, ``Holder does not meet ICAO requirements.''
(h) For the purpose of obtaining additional certificates or ratings
while under the supervision of an authorized instructor, a recreational
pilot may fly as the sole occupant of an aircraft:
(1) For which the pilot does not hold an appropriate category or
class rating;
(2) Within airspace that requires communication with air traffic
control; or
(3) Between sunset and sunrise, provided the flight or surface
visibility is at least 5 statute miles.
(i) In order to fly solo as provided in paragraph (h) of this
section, the recreational pilot must meet the appropriate aeronautical
knowledge and flight training requirements of Sec. 61.87 for that
aircraft. When operating an aircraft under the conditions specified in
paragraph (h) of this section, the recreational pilot shall carry the
logbook that has been endorsed for each flight by an authorized
instructor who:
(1) Has given the recreational pilot training in the make and model
of aircraft in which the solo flight is to be made;
(2) Has found that the recreational pilot has met the applicable
requirements of Sec. 61.87; and
(3) Has found that the recreational pilot is competent to make solo
flights in accordance with the logbook endorsement.
Subpart E--Private Pilots
Sec. 61.102 Applicability.
This subpart prescribes the requirements for the issuance of
private pilot certificates and ratings, the conditions under which
those certificates and ratings are necessary, and the general operating
rules for persons who hold those certificates and ratings.
Sec. 61.103 Eligibility requirements: General.
To be eligible for a private pilot certificate, a person must:
(a) Be at least 17 years of age for a rating in other than a glider
or balloon.
(b) Be at least 16 years of age for a rating in a glider or
balloon.
(c) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's pilot certificate as are necessary for
the safe operation of the aircraft.
(d) Receive a logbook endorsement from an authorized instructor
who:
(1) Conducted the training or reviewed the person's home study on
the aeronautical knowledge areas listed in Sec. 61.105(b) of this part
that apply to the aircraft rating sought; and
(2) Certified that the person is prepared for the required
knowledge test.
(e) Pass the required knowledge test on the aeronautical knowledge
areas listed in Sec. 61.105(b) of this part.
(f) Receive flight training and a logbook endorsement from an
authorized instructor who:
(1) Conducted the training in the areas of operation listed in
Sec. 61.107(b) of this part that apply to the aircraft rating sought;
and
(2) Certified that the person is prepared for the required
practical test.
(g) Meet the aeronautical experience requirements of this part that
apply to the aircraft rating sought before applying for the practical
test.
(h) Pass a practical test on the areas of operation listed in
Sec. 61.107(b) of this part that apply to the aircraft rating sought.
(i) Comply with the appropriate sections of this part that apply to
the aircraft category and class rating sought.
Sec. 61.105 Aeronautical knowledge.
(a) General. A person who is applying for a private pilot
certificate must receive and log ground training from an authorized
instructor or complete a home-study course on the aeronautical
knowledge areas of paragraph (b) of this section that apply to the
aircraft category and class rating sought.
(b) Aeronautical knowledge areas. (1) Applicable Federal Aviation
Regulations of this chapter that relate to private pilot privileges,
limitations, and flight operations;
(2) Accident reporting requirements of the National Transportation
Safety Board;
(3) Use of the applicable portions of the ``Aeronautical
Information Manual'' and FAA ACs;
(4) Use of aeronautical charts for VFR navigation using pilotage,
dead reckoning, and navigation systems;
(5) Radio communication procedures;
(6) Recognition of critical weather situations from the ground and
in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts;
(7) Safe and efficient operation of aircraft, including collision
avoidance, and recognition and avoidance of wake turbulence;
(8) Effects of density altitude on takeoff and climb performance;
(9) Weight and balance computations;
(10) Principles of aerodynamics, powerplants, and aircraft systems;
(11) Stall awareness, spin entry, spins, and spin recovery
techniques for the airplane and glider category ratings;
(12) Aeronautical decision making and judgment; and
(13) Preflight action that includes--
(i) How to obtain information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements; and
(ii) How to plan for alternatives if the planned flight cannot be
completed or delays are encountered.
Sec. 61.107 Flight proficiency.
(a) General. A person who applies for a private pilot certificate
must receive and log ground and flight training from an authorized
instructor on the areas of operation of this section that apply to the
aircraft category and class rating sought.
(b) Areas of operation. (1) For an airplane category rating with a
single-engine class rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Night operations, except as provided in Sec. 61.110 of this
part; and
(xii) Postflight procedures.
(2) For an airplane category rating with a multiengine class
rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Multiengine operations;
(xii) Night operations, except as provided in Sec. 61.110 of this
part; and
(xiii) Postflight procedures.
(3) For a rotorcraft category rating with a helicopter class
rating: (i) Preflight preparation;
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(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Night operations, except as provided in Sec. 61.110 of this
part; and
(x) Postflight procedures.
(4) For a rotorcraft category rating with a gyroplane class rating:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations;
(x) Night operations, except as provided in Sec. 61.110 of this
part; and
(xi) Postflight procedures.
(5) For a powered-lift category rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Ground reference maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Basic instrument maneuvers;
(xi) Emergency operations;
(xii) Night operations, except as provided in Sec. 61.110 of this
part; and
(xiii) Postflight procedures.
(6) For a glider category rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7) For a lighter-than-air category rating with an airship class
rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Emergency operations; and
(ix) Postflight procedures.
(8) For a lighter-than-air category rating with a balloon class
rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Launches and landings;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Emergency operations; and
(viii) Postflight procedures.
Sec. 61.109 Aeronautical experience.
Except as provided in paragraph (i) of this section, a person who
applies for a private pilot certificate with an airplane, rotorcraft,
or powered-lift category rating must receive and log at least 40 hours
of flight time that includes at least 20 hours of flight training from
an authorized instructor and 10 hours of solo flight training in the
areas of operation listed in Sec. 61.107 of this part, and the training
must include at least:
(a) For an airplane single-engine rating: (1) 3 hours of cross-
country flight training in a single-engine airplane;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in a single-engine airplane that includes--
(i) One cross-country flight of over 100 nautical miles total
distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport.
(3) 3 hours of instrument flight training in a single-engine
airplane;
(4) 3 hours of flight training in preparation for the practical
test in a single-engine airplane, which must have been performed within
60 days preceding the date of the test; and
(5) 10 hours of solo flight time in a single-engine airplane,
consisting of at least--
(i) 5 hours of solo cross-country flight;
(ii) One solo cross-country flight of at least 150 nautical miles
total distance, with full-stop landings at a minimum of three points,
and one segment of the flight consisting of a straight-line distance of
at least 50 nautical miles between the takeoff and landing locations;
and
(iii) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport with
an operating control tower.
(b) For an airplane multiengine rating: (1) 3 hours of cross-
country flight training in a multiengine airplane;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in a multiengine airplane that includes--
(i) One cross-country flight of over 100 nautical miles total
distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport.
(3) 3 hours of instrument flight training in a multiengine
airplane;
(4) 3 hours of flight training in preparation for the practical
test in a multiengine airplane, which must have been performed within
the 60-day period preceding the date of the test; and
(5) 10 hours of solo flight time in an airplane consisting of at
least--
(i) 5 hours of solo cross-country flight;
(ii) One solo cross-country flight of at least 150 nautical miles
total distance, with full-stop landings at a minimum of three points,
and one segment of the flight consisting of a straight-line distance of
at least 50 nautical miles between the takeoff and landing locations;
and
(iii) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport with
an operating control tower.
(c) For a helicopter rating: (1) 3 hours of cross-country flight
training in a helicopter;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in a helicopter that includes--
(i) One cross-country flight of over 50 nautical miles total
distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport.
(3) 3 hours of flight training in preparation for the practical
test in a helicopter, which must have been performed within 60 days
preceding the date of the test; and
(4) 10 hours of solo flight time in a helicopter, consisting of at
least--
(i) 3 hours cross-country flight time;
(ii) One solo cross-country flight of at least 75 nautical miles
total distance, with landings at a minimum of three points, and one
segment of the flight being a straight-line distance of at least 25
nautical miles between the takeoff and landing locations; and
(iii) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport with
an operating control tower.
(d) For a gyroplane rating: (1) 3 hours of cross-country flight
training in a gyroplane;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in a gyroplane that includes--
(i) One cross-country flight of over 50 nautical miles total
distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport.
(3) 3 hours of flight training in preparation for the practical
test in a gyroplane, which must have been performed within the 60-day
period preceding the date of the test; and
[[Page 16332]]
(4) 10 hours of solo flight time in a gyroplane, and consisting of
at least--
(i) 3 hours of cross-country flight time;
(ii) One solo cross-country flight of over 75 nautical miles total
distance, with landings at a minimum of three points, and one segment
of the flight being a straight-line distance of at least 25 nautical
miles between the takeoff and landing locations; and
(iii) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport with
an operating control tower.
(e) For a powered-lift rating: (1) 3 hours of cross-country flight
training in a powered-lift;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in a powered-lift that includes--
(i) One cross-country flight of over 100 nautical miles total
distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport.
(3) 3 hours of instrument flight training in a powered-lift;
(4) 3 hours of flight training in preparation for the practical
test in a powered-lift, which must have been performed within the 60-
day period preceding the date of the test; and
(5) 10 hours of solo flight time in an airplane or powered-lift
consisting of at least--
(i) 5 hours cross-country flight time;
(ii) One cross-country flight of at least 150 nautical miles total
distance, with landings at a minimum of three points, and one segment
of the flight being a straight-line distance of at least 50 nautical
miles between the takeoff and landing locations; and
(iii) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport with
an operating control tower.
(f) For a glider category rating: (1) If the applicant has not
logged at least 40 hours of flight time as a pilot in a heavier-than-
air aircraft, at least 10 hours of flight training in a glider, and 20
training flights performed on the areas of operation listed in
Sec. 61.107(b)(6) of this part that apply to gliders that include--
(i) 2 hours of solo flight in gliders in the areas of operation
listed in Sec. 61.107(b)(6) of this part that apply to gliders, with
not less than 10 launches and landings being performed; and
(ii) Three training flights in a glider in preparation for the
practical test within the 60-day period preceding the practical test.
(2) If the applicant has logged at least 40 hours of flight time in
heavier-than-air aircraft, at least 3 hours of flight training in a
glider, and 10 training flights performed on the areas of operation
listed in Sec. 61.107 of this part that apply to gliders that include--
(i) 10 solo flights in gliders on the areas of operation listed in
Sec. 61.107 of this part that apply to gliders; and
(ii) Three training flights in preparation for the practical test
within the 60-day waiting period preceding the test.
(g) For an airship rating: (1) 25 hours of flight training in
airships on the areas of operation listed in Sec. 61.107(b)(7) of this
part, which consists of at least--
(i) 3 hours of cross-country flight training in an airship;
(ii) Except as provided in Sec. 61.110 of this part, 3 hours of
night flight training in an airship that includes--
(A) A cross-country flight of over 25 nautical miles total
distance; and
(B) Five takeoffs and five landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(2) 3 hours of instrument training;
(3) 3 hours of flight training in an airship in preparation for the
practical test within the 60 days preceding the date of the test; and
(4) 5 hours of solo flight in an airship and with an authorized
instructor.
(h) For a balloon rating: 10 hours of flight training that includes
at least six training flights in the areas of operation listed in
Sec. 61.107(b)(8) of this part, that includes--
(1) Gas balloon. If the training is being performed in a gas
balloon, at least two flights of 2 hours each that consists of--
(i) At least one training flight within 60 days prior to
application for the rating on the areas of operation for a gas balloon;
(ii) At least one flight performing the functions of pilot in
command in a gas balloon; and
(iii) At least one flight involving a controlled ascent to 3,000
feet above the launch site.
(2) Balloon with an airborne heater. If the training is being
performed in a balloon with an airborne heater, at least--
(i) Two flights of 1 hour each within 60 days prior to application
for the rating on the areas of operation appropriate to a balloon with
an airborne heater;
(ii) One solo flight in a balloon with an airborne heater; and
(iii) At least one flight involving a controlled ascent to 2,000
feet above the launch site.
(i) Permitted credit for use of an approved flight simulator or an
approved flight training device. (1) Except as provided in paragraphs
(i)(2) and (i)(3) of this section, a maximum of 2.5 hours of training
in an approved flight simulator or an approved flight training device
representing the category, class, and type, if applicable, of aircraft
appropriate to the rating sought, may be credited toward the flight
training time required by this section, if received from an authorized
instructor.
(2) Except as provided in paragraph (i)(1) or paragraph (i)(3) of
this section, a maximum of 5 hours of training in an approved flight
simulator or an approved flight training device representing the
category, class, and type, if applicable, of aircraft appropriate to
the rating sought, may be credited toward the flight training time
required by this section if the training is accomplished in a course
conducted by a training center certificated under part 142 of this
chapter.
(3) Except when fewer hours are approved by the Administrator, an
applicant for a private pilot certificate with an airplane, rotorcraft,
or powered-lift rating, who has satisfactorily completed an approved
private pilot course conducted by a training center certificated under
part 142 of this chapter need only have a total of 35 hours of
aeronautical experience to meet the requirements of this section.
Sec. 61.110 Night flying exceptions.
(a) Subject to the limitations of paragraph (b) of this section, a
person is not required to comply with the night flight training
requirements of this subpart if the person receives flight training in
and resides in the State of Alaska.
(b) A person who receives flight training in and resides in the
State of Alaska but does not meet the night flight training
requirements of this section:
(1) May be issued a pilot certificate with a limitation ``Night
flying prohibited;'' and
(2) Must comply with the appropriate night flight training
requirements of this subpart within the 12-calendar-month period after
the issuance of the pilot certificate. At the end of that period, the
certificate will be suspended until the person complies with the
appropriate night training requirements of this subpart. The person may
have the ``Night flying prohibited'' limitation removed if the person--
(i) Accomplishes the appropriate night flight training requirements
of this subpart; and
(ii) Presents to an examiner a logbook or training record
endorsement from an authorized instructor that verifies accomplishment
of the appropriate
[[Page 16333]]
night flight training requirements of this subpart.
Sec. 61.111 Cross-country flights: Pilots based on small islands.
(a) Except as provided in paragraph (b) of this section, an
applicant located on an island from which the cross-country flight
training required in Sec. 61.109 of this part cannot be accomplished
without flying over water for more than 10 nautical miles from the
nearest shoreline need not comply with the requirements of that
section.
(b) If other airports that permit civil operations are available to
which a flight may be made without flying over water for more than 10
nautical miles from the nearest shoreline, the applicant must show
completion of two round-trip solo flights between those two airports
that are farthest apart, including a landing at each airport on both
flights.
(c) An applicant who complies with paragraph (a) or paragraph (b)
of this section, and meets all requirements for the issuance of a
private pilot certificate, except the cross-country training
requirements of Sec. 61.109 of this part, will be issued a pilot
certificate with an endorsement containing the following limitation,
``Passenger carrying prohibited on flights more than 10 nautical miles
from (the appropriate island).'' The limitation may be subsequently
amended to include another island if the applicant complies with the
requirements of paragraph (a) or paragraph (b) of this section for
another island.
(d) Upon meeting the cross-country training requirements of
Sec. 61.109 of this part, the applicant may have the limitation in
paragraph (c) of this section removed.
Sec. 61.113 Private pilot privileges and limitations: Pilot in
command.
(a) Except as provided in paragraphs (b) through (g) of this
section, no person who holds a private pilot certificate may act as
pilot in command of an aircraft that is carrying passengers or property
for compensation or hire; nor may that person, for compensation or
hire, act as pilot in command of an aircraft.
(b) A private pilot may, for compensation or hire, act as pilot in
command of an aircraft in connection with any business or employment
if:
(1) The flight is only incidental to that business or employment;
and
(2) The aircraft does not carry passengers or property for
compensation or hire.
(c) A private pilot may not pay less than the pro rata share of the
operating expenses of a flight with passengers, provided the expenses
involve only fuel, oil, airport expenditures, or rental fees.
(d) A private pilot may act as pilot in command of an aircraft used
in a passenger-carrying airlift sponsored by a charitable organization
described in paragraph (d)(7) of this section, and for which the
passengers make a donation to the organization, when the following
requirements are met:
(1) The sponsor of the airlift notifies the FAA Flight Standards
District Office with jurisdiction over the area concerned at least 7
days before the event and furnishes--
(i) A signed letter from the sponsor that shows the name of the
sponsor, the purpose of the charitable event, the date and time of the
event, and the location of the event; and
(ii) A photocopy of each pilot in command's pilot certificate,
medical certificate, and logbook entries that show the pilot is current
in accordance with Secs. 61.56 and 61.57 of this part and has logged at
least 200 hours of flight time.
(2) The flight is conducted from a public airport that is adequate
for the aircraft to be used, or from another airport that has been
approved by the FAA for the operation.
(3) No aerobatic or formation flights are conducted.
(4) Each aircraft used for the charitable event holds a standard
airworthiness certificate.
(5) Each aircraft used for the charitable event is airworthy and
complies with the applicable requirements of subpart E of part 91 of
this chapter.
(6) Each flight for the charitable event is made during day VFR
conditions.
(7) The charitable organization is an organization identified as
such by the U.S. Department of Treasury.
(e) A private pilot may be reimbursed for aircraft operating
expenses that are directly related to search and location operations,
provided the expenses involve only fuel, oil, airport expenditures, or
rental fees, and the operation is sanctioned and under the direction
and control of:
(1) A local, State, or Federal agency; or
(2) An organization that conducts search and location operations.
(f) A private pilot who is an aircraft salesman and who has at
least 200 hours of logged flight time may demonstrate an aircraft in
flight to a prospective buyer.
(g) A private pilot who meets the requirements of Sec. 61.69 of
this part may act as pilot in command of an aircraft towing a glider.
Sec. 61.115 Balloon rating: Limitations.
(a) If a person who applies for a private pilot certificate with a
balloon rating takes a practical test in a balloon with an airborne
heater:
(1) The pilot certificate will contain a limitation restricting the
exercise of the privileges of that certificate to a balloon with an
airborne heater; and
(2) The limitation may be removed when the person obtains the
required aeronautical experience in a gas balloon and receives a
logbook endorsement from an authorized instructor who attests to the
person's accomplishment of the required aeronautical experience and
ability to satisfactorily operate a gas balloon.
(b) If a person who applies for a private pilot certificate with a
balloon rating takes a practical test in a gas balloon:
(1) The pilot certificate will contain a limitation restricting the
exercise of the privilege of that certificate to a gas balloon; and
(2) The limitation may be removed when the person obtains the
required aeronautical experience in a balloon with an airborne heater
and receives a logbook endorsement from an authorized instructor who
attests to the person's accomplishment of the required aeronautical
experience and ability to satisfactorily operate a balloon with an
airborne heater.
Sec. 61.117 Private pilot privileges and limitations: Second in
command of aircraft requiring more than one pilot.
Except as provided in Sec. 61.113 of this part, no private pilot
may, for compensation or hire, act as second in command of an aircraft
that is type certificated for more than one pilot, nor may that pilot
act as second in command of such an aircraft that is carrying
passengers, or property for compensation or hire.
Sec. 61.118-61.120 [Reserved]
Subpart F--Commercial Pilots
Sec. 61.121 Applicability.
This subpart prescribes the requirements for the issuance of
commercial pilot certificates and ratings, the conditions under which
those certificates and ratings are necessary, and the general operating
rules for persons who hold those certificates and ratings.
Sec. 61.123 Eligibility requirements: General.
To be eligible for a commercial pilot certificate, a person must:
(a) Be at least 18 years of age;
(b) Be able to read, speak, write, and understand the English
language. If the
[[Page 16334]]
applicant is unable to meet one of these requirements due to medical
reasons, then the Administrator may place such operating limitations on
that applicant's pilot certificate as are necessary for the safe
operation of the aircraft.
(c) Receive a logbook endorsement from an authorized instructor
who:
(1) Conducted the required ground training or reviewed the person's
home study on the aeronautical knowledge areas listed in Sec. 61.125 of
this part that apply to the aircraft category and class rating sought;
and
(2) Certified that the person is prepared for the required
knowledge test that applies to the aircraft category and class rating
sought.
(d) Pass the required knowledge test on the aeronautical knowledge
areas listed in Sec. 61.125 of this part;
(e) Receive the required training and a logbook endorsement from an
authorized instructor who:
(1) Conducted the training on the areas of operation listed in
Sec. 61.127(b) of this part that apply to the aircraft category and
class rating sought; and
(2) Certified that the person is prepared for the required
practical test.
(f) Meet the aeronautical experience requirements of this subpart
that apply to the aircraft category and class rating sought before
applying for the practical test;
(g) Pass the required practical test on the areas of operation
listed in Sec. 61.127(b) of this part that apply to the aircraft
category and class rating sought;
(h) Hold at least a private pilot certificate issued under this
part or meet the requirements of Sec. 61.73; and
(i) Comply with the sections of this part that apply to the
aircraft category and class rating sought.
Sec. 61.125 Aeronautical knowledge.
(a) General. A person who applies for a commercial pilot
certificate must receive and log ground training from an authorized
instructor, or complete a home-study course, on the aeronautical
knowledge areas of paragraph (b) of this section that apply to the
aircraft category and class rating sought.
(b) Aeronautical knowledge areas. (1) Applicable Federal Aviation
Regulations of this chapter that relate to commercial pilot privileges,
limitations, and flight operations;
(2) Accident reporting requirements of the National Transportation
Safety Board;
(3) Basic aerodynamics and the principles of flight;
(4) Meteorology to include recognition of critical weather
situations, windshear recognition and avoidance, and the use of
aeronautical weather reports and forecasts;
(5) Safe and efficient operation of aircraft;
(6) Weight and balance computations;
(7) Use of performance charts;
(8) Significance and effects of exceeding aircraft performance
limitations;
(9) Use of aeronautical charts and a magnetic compass for pilotage
and dead reckoning;
(10) Use of air navigation facilities;
(11) Aeronautical decision making and judgment;
(12) Principles and functions of aircraft systems;
(13) Maneuvers, procedures, and emergency operations appropriate to
the aircraft;
(14) Night and high-altitude operations;
(15) Procedures for operating within the National Airspace System;
and
(16) Procedures for flight and ground training for lighter-than-air
ratings.
Sec. 61.127 Flight proficiency.
(a) General. A person who applies for a commercial pilot
certificate must receive and log ground and flight training from an
authorized instructor on the areas of operation of this section that
apply to the aircraft category and class rating sought.
(b) Areas of operation. (1) For an airplane category rating with a
single-engine class rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations;
(x) High-altitude operations; and
(xi) Postflight procedures.
(2) For an airplane category rating with a multiengine class
rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Slow flight and stalls;
(viii) Emergency operations;
(ix) Multiengine operations;
(x) High-altitude operations; and
(xi) Postflight procedures.
(3) For a rotorcraft category rating with a helicopter class
rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Special operations; and
(x) Postflight procedures.
(4) For a rotorcraft category rating with a gyroplane class rating:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Flight at slow airspeeds;
(viii) Emergency operations; and
(ix) Postflight procedures.
(5) For a powered-lift category rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Ground reference maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations;
(xi) High-altitude operations;
(xii) Special operations; and
(xiii) Postflight procedures.
(6) For a glider category rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7) For a lighter-than-air category rating with an airship class
rating: (i) Fundamentals of instructing;
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
(8) For a lighter-than-air category rating with a balloon class
rating: (i) Fundamentals of instructing;
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
[[Page 16335]]
(v) Preflight procedures;
(vi) Airport operations;
(vii) Launches and landings;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
Sec. 61.129 Aeronautical experience.
(a) For an airplane single-engine rating. Except as provided in
paragraph (i) of this section, a person who applies for a commercial
pilot certificate with an airplane category and single-engine class
rating must log at least 250 hours of flight time as a pilot (of which
50 hours may have been accomplished in an approved flight simulator or
approved flight training device that is representative of a single-
engine airplane) that consists of at least:
(1) 100 hours in powered aircraft, of which 50 hours must be in
airplanes.
(2) 100 hours of pilot in command flight time, which includes at
least--
(i) 50 hours in airplanes; and
(ii) 50 hours in cross-country flight in airplanes.
(3) 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(1) of this part that includes at least--
(i) 10 hours of instrument training of which at least 5 hours must
be in a single-engine airplane;
(ii) 10 hours of training in an airplane that has a retractable
landing gear, flaps, and a controllable pitch propeller, or is turbine-
powered;
(iii) One cross-country flight of at least 2 hours in a single-
engine airplane in day VFR conditions, consisting of a total straight-
line distance of more than 100 nautical miles from the original point
of departure;
(iv) One cross-country flight of at least 2 hours in a single-
engine airplane in night VFR conditions, consisting of a total
straight-line distance of more than 100 nautical miles from the
original point of departure; and
(v) 3 hours in a single-engine airplane in preparation for the
practical test within the 60-day period preceding the date of the test.
(4) 10 hours of solo flight in a single-engine airplane on the
areas of operation listed in Sec. 61.127(b)(1) of this part, which
includes at least--
(i) One cross-country flight of not less than 300 nautical miles
total distance, with landings at a minimum of three points, one of
which is a straight-line distance of at least 250 nautical miles from
the original departure point. However, if this requirement is being met
in Hawaii, the longest segment need only have a straight-line distance
of at least 150 nautical miles; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight in the traffic pattern)
at an airport with an operating control tower.
(b) For an airplane multiengine rating. A person who applies for a
commercial pilot certificate with an airplane category and multiengine
class rating must log at least 250 hours of flight time as a pilot (of
which 50 hours may have been accomplished in an approved flight
simulator or approved flight training device that is representative of
a multiengine airplane) that consists of at least:
(1) 100 hours in powered aircraft, of which 50 hours must be in
airplanes.
(2) 100 hours of pilot in command flight time, which includes at
least--
(i) 50 hours in airplanes; and
(ii) 50 hours in cross-country flight in airplanes.
(3) 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(2) of this part that includes at least--
(i) 10 hours of instrument training of which at least 5 hours must
be in a multiengine airplane;
(ii) 10 hours of training in a multiengine airplane that has a
retractable landing gear, flaps, and controllable pitch propellers, or
is turbine-powered;
(iii) One cross-country flight of at least 2 hours in a multiengine
airplane in day VFR conditions, consisting of a total straight-line
distance of more than 100 nautical miles from the original point of
departure;
(iv) One cross-country flight of at least 2 hours in a multiengine
airplane in night VFR conditions, consisting of a total straight-line
distance of more than 100 nautical miles from the original point of
departure; and
(v) 3 hours in a multiengine airplane in preparation for the
practical test within the 60-day period preceding the date of the test.
(4) 10 hours of flight time performing the duties of pilot in
command in a multiengine airplane with an authorized instructor on the
areas of operation listed in Sec. 61.127(b)(2) of this part, which
includes at least--
(i) One cross-country flight of not less than 300 nautical miles
total distance with landings at a minimum of three points, one of which
is a straight-line distance of at least 250 nautical miles from the
original departure point. However, if this requirement is being met in
Hawaii, the longest segment need only have a straight-line distance of
at least 150 nautical miles; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic pattern)
at an airport with an operating control tower.
(c) For a helicopter rating. A person who applies for a commercial
pilot certificate with a rotorcraft category and helicopter class
rating must log at least 150 hours of flight time as a pilot (of which
25 hours may have been accomplished in an approved flight simulator or
approved flight training device that is representative of a helicopter)
that consists of at least:
(1) 100 hours in powered aircraft, of which 50 hours must be in
helicopters.
(2) 100 hours of pilot in command flight time, which includes at
least--
(i) 35 hours in helicopters; and
(ii) 10 hours in cross-country flight in helicopters.
(3) 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(3) of this part that includes at least--
(i) 10 hours of instrument training in an aircraft;
(ii) One cross-country flight of at least 2 hours in a helicopter
in day VFR conditions, consisting of a total straight-line distance of
more than 50 nautical miles from the original point of departure;
(iii) One cross-country flight of at least 2 hours in a helicopter
in night VFR conditions, consisting of a total straight-line distance
of more than 50 nautical miles from the original point of departure;
and
(iv) 3 hours in a helicopter in preparation for the practical test
within the 60-day period preceding the date of the test.
(4) 10 hours of solo flight in a helicopter on the areas of
operation listed in Sec. 61.127(b)(3) of this part, which includes at
least--
(i) One cross-country flight with landings at a minimum of three
points, with one segment consisting of a straight-line distance of at
least 50 nautical miles from the original point of departure; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight in the traffic pattern).
(d) For a gyroplane rating. A person who applies for a commercial
pilot certificate with a rotorcraft category and gyroplane class rating
must log at least 150 hours of flight time as a pilot (of which 5 hours
may have been accomplished in an approved flight simulator or approved
flight training device that is representative of a gyroplane) that
consists of at least:
(1) 100 hours in powered aircraft, of which 25 hours must be in
gyroplanes.
(2) 100 hours of pilot in command flight time, which includes at
least--
(i) 10 hours in gyroplanes; and
(ii) 3 hours in cross-country flight in gyroplanes.
[[Page 16336]]
(3) 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(4) of this part that includes at least--
(i) 5 hours of instrument training in an aircraft;
(ii) One cross-country flight of at least 2 hours in a gyroplane in
day VFR conditions, consisting of a total straight-line distance of
more than 50 nautical miles from the original point of departure;
(iii) One cross-country flight of at least 2 hours in a gyroplane
in night VFR conditions, consisting of a total straight-line distance
of more than 50 nautical miles from the original point of departure;
and
(iv) 3 hours in a gyroplane in preparation for the practical test
within the 60-day period preceding the date of the test.
(4) 10 hours of solo flight in a gyroplane on the areas of
operation listed in Sec. 61.127(b)(4) of this part, which includes at
least--
(i) One cross-country flight with landings at a minimum of three
points, with one segment consisting of a straight-line distance of at
least 50 nautical miles from the original point of departure; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight in the traffic pattern).
(e) For a powered-lift rating. A person who applies for a
commercial pilot certificate with a powered-lift category rating must
log at least 250 hours of flight time as a pilot (of which 50 hours may
have been accomplished in an approved flight simulator or approved
flight training device that is representative of a powered-lift) that
consists of at least:
(1) 100 hours in powered aircraft, of which 50 hours must be in a
powered-lift.
(2) 100 hours of pilot in command flight time, which includes at
least--
(i) 50 hours in a powered-lift; and
(ii) 50 hours in cross-country flight in a powered-lift.
(3) 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(5) of this part that includes at least--
(i) 10 hours of instrument training, of which at least 5 hours must
be in a powered-lift;
(ii) One cross-country flight of at least 2 hours in a powered-lift
in day VFR conditions, consisting of a total straight-line distance of
more than 100 nautical miles from the original point of departure;
(iii) One cross-country flight of at least 2 hours in a powered-
lift, consisting of a total straight-line distance of more than 100
nautical miles from the original point of departure; and
(iv) 3 hours in a powered-lift in preparation for the practical
test within the 60-day period preceding the date of the test.
(4) 10 hours of solo flight in a powered-lift on the areas of
operation listed in Sec. 61.127(b)(5) of this part, which includes at
least--
(i) One cross-country flight of not less than 300 nautical miles
total distance with landings at a minimum of three points, one of which
is a straight-line distance of at least 250 nautical miles from the
original departure point. However, if this requirement is being met in
Hawaii the longest segment need only have a straight-line distance of
at least 150 nautical miles; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight in the traffic pattern)
at an airport with an operating control tower.
(f) For a glider rating. A person who applies for a commercial
pilot certificate with a glider category rating must log at least:
(1) 25 hours as a pilot in gliders and 100 flights in gliders as
pilot in command; which includes at least--
(i) 3 hours of flight training or 10 training flights in gliders on
the areas of operation listed in Sec. 61.127(b)(6) of this part;
(ii) 2 hours of solo flight that includes not less than 10 solo
flights in gliders on the areas of operation listed in
Sec. 61.127(b)(6) of this part; and
(iii) Three training flights in preparation for the practical test
within the 60-day period preceding the date of the test; or
(2) 200 hours of flight time as a pilot in heavier-than-air
aircraft, and 20 flights in gliders as pilot in command, which includes
at least--
(i) 3 hours of flight training or 10 training flights on the areas
of operation listed in Sec. 61.127(b)(6) of this part;
(ii) Five solo flights in a glider on the areas of operation listed
in Sec. 61.127(b)(6) of this part; and
(iii) Three training flights in preparation for the practical test
within the 60-day period preceding the date of the test.
(g) For an airship rating. A person who applies for a commercial
pilot certificate with a lighter-than-air category and airship class
rating must log at least 200 hours of flight time as a pilot, which
includes at least the following hours:
(1) 50 hours in airships.
(2) 30 hours of pilot-in-command time in airships, which consists
of at least--
(i) 10 hours of cross-country flight time in airships; and
(ii) 10 hours of night flight time in airships.
(3) 40 hours of instrument time, which consists of at least 20
hours in flight, of which 10 hours must be in flight in airships.
(4) 20 hours of flight training in airships on the areas of
operation listed in Sec. 61.127(b)(7) of this part, which includes at
least--
(i) 3 hours in an airship in preparation for the practical test
within the 60-day period preceding the date of the test;
(ii) One cross-country flight of at least 1 hour in duration in an
airship in day VFR conditions, consisting of a total straight-line
distance of more than 25 nautical miles from the original point of
departure; and
(iii) One cross-country flight of at least 1 hour in duration in an
airship in night VFR conditions, consisting of a total straight-line
distance of more than 25 nautical miles from the original point of
departure.
(5) 10 hours of flight training performing the functions of pilot
in command with an authorized instructor on the areas of operation
listed in Sec. 61.127(b)(7) of this part, which includes at least--
(i) One cross-country flight with landings at a minimum of three
points, with one segment consisting of a straight-line distance of at
least 25 nautical miles from the original point of departure; and
(ii) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight in the traffic pattern).
(h) For a balloon rating. A person who applies for a commercial
pilot certificate with a lighter-than-air category and a balloon class
rating must log at least 35 hours of flight time as a pilot, which
includes at least the following requirements:
(1) 20 hours in balloons;
(2) 10 flights in balloons;
(3) Two flights in balloons as the pilot in command; and
(4) 10 hours of flight training that includes at least 10 training
flights in balloons on the areas of operation listed in
Sec. 61.127(b)(8) of this part, which consists of at least--
(i) For a gas balloon--
(A) Two training flights of 2 hours each in a gas balloon on the
areas of operation appropriate to a gas balloon within 60 days prior to
application for the rating;
(B) Two flights performing the functions of pilot in command in a
gas balloon on the appropriate areas of operation; and
(C) One flight involving a controlled ascent to 5,000 feet above
the launch site.
(ii) For a balloon with an airborne heater--
[[Page 16337]]
(A) Two training flights of 1 hour each in a balloon with an
airborne heater on the areas of operation appropriate to a balloon with
an airborne heater within 60 days prior to application for the rating;
(B) Two solo flights in a balloon with an airborne heater on the
appropriate areas of operation; and
(C) One flight involving a controlled ascent to 3,000 feet above
the launch site.
(i) Permitted credit for use of an approved flight simulator or
approved flight training device. (1) Except as provided in paragraph
(i)(3) of this section, an applicant who has not accomplished the
training required by this section in a course conducted by a training
center certificated under part 142 of this chapter may:
(i) Credit a maximum of 50 hours toward the total aeronautical
experience requirements for an airplane or powered-lift rating,
provided the aeronautical experience was obtained from an authorized
instructor in an approved flight simulator or an approved flight
training device that represents that class of airplane or powered-lift
category and type, if applicable, appropriate to the rating sought; and
(ii) Credit a maximum of 25 hours toward the total aeronautical
experience requirements of this section for a helicopter rating,
provided the aeronautical experience was obtained from an authorized
instructor in an approved flight simulator or an approved flight
training device that represents a helicopter and type, if applicable,
appropriate to the rating sought.
(2) Except as provided in paragraph (i)(3) of this section, an
applicant who has accomplished the training required by this section in
a course conducted by a training center certificated under part 142 of
this chapter may:
(i) Credit a maximum of 100 hours toward the total aeronautical
experience requirements of this section for an airplane and powered-
lift rating, provided the aeronautical experience was obtained from an
authorized instructor in an approved flight simulator or an approved
flight training device that represents that class of airplane or
powered-lift category and type, if applicable, appropriate to the
rating sought; and
(ii) Credit a maximum of 50 hours toward the total aeronautical
experience requirements of this section for a helicopter rating,
provided the aeronautical experience was obtained from an authorized
instructor in an approved flight simulator or an approved flight
training device that represents a helicopter and type, if applicable,
appropriate to the rating sought.
(3) Except when fewer hours are approved by the Administrator, an
applicant for a commercial pilot certificate with an airplane,
helicopter, or a powered-lift rating who has satisfactorily completed
an approved commercial pilot course conducted by a training center
certificated under part 142 of this chapter need only have the
following total aeronautical experience to meet the aeronautical
experience requirements of this section:
(i) 190 hours for an airplane or powered-lift rating; and
(ii) 150 hours for a helicopter rating.
Sec. 61.131 Exceptions to the night flying requirements.
(a) Subject to the limitations of paragraph (b) of this section, a
person is not required to comply with the night flight training
requirements of this subpart if the person receives flight training in
and resides in the State of Alaska.
(b) A person who receives flight training in and resides in the
State of Alaska but does not meet the night flight training
requirements of this section:
(1) May be issued a pilot certificate with the limitation ``night
flying prohibited.''
(2) Must comply with the appropriate night flight training
requirements of this subpart within the 12-calendar-month period after
the issuance of the pilot certificate. At the end of that period, the
certificate will be suspended until the person complies with the
appropriate night flight training requirements of this subpart. The
person may have the ``night flying prohibited'' limitation removed if
the person--
(i) Accomplishes the appropriate night flight training requirements
of this subpart; and
(ii) Presents to an examiner a logbook or training record
endorsement from an authorized instructor that verifies accomplishment
of the appropriate night flight training requirements of this subpart.
Sec. 61.133 Commercial pilot privileges and limitations.
(a) Privileges. (1) General. A person who holds a commercial pilot
certificate may act as pilot in command of an aircraft--
(i) Carrying persons or property for compensation or hire, provided
the person is qualified in accordance with this part and with the
applicable parts of this chapter that apply to the operation; and
(ii) For compensation or hire, provided the person is qualified in
accordance with this part and with the applicable parts of this chapter
that apply to the operation.
(2) Commercial pilots with lighter-than-air category ratings. A
person with a commercial pilot certificate with a lighter-than-air
category rating may--
(i) For an airship--(A) Give flight and ground training in an
airship for the issuance of a certificate or rating;
(B) Give an endorsement on a pilot certificate for an airship;
(C) Endorse a student pilot certificate or logbook for solo
operating privileges in an airship; and
(D) Act as pilot in command of an airship under IFR or in weather
conditions less than the minimum prescribed for VFR flight.
(ii) For a balloon--(A) Give flight and ground training in a
balloon for the issuance of a certificate or rating;
(B) Give an endorsement on a pilot certificate for a balloon; and
(C) Endorse a student pilot certificate or logbook for solo
operating privileges in a balloon.
(b) Limitations. (1) A person who applies for a commercial pilot
certificate with an airplane category or powered-lift category rating
and does not hold an instrument rating in the same category and class
will be issued a commercial pilot certificate that contains the
limitation, ``The carriage of passengers for hire in (airplanes)
(powered-lifts) on cross-country flights in excess of 50 nautical miles
or at night is prohibited.'' The limitation may be removed when the
person satisfactorily accomplishes the requirements listed in
Sec. 61.65 of this part for an instrument rating in the same category
and class of aircraft listed on the person's commercial pilot
certificate.
(2) If a person who applies for a commercial pilot certificate with
a balloon rating takes a practical test in a balloon with an airborne
heater--
(i) The pilot certificate will contain a limitation restricting the
exercise of the privileges of that certificate to a balloon with an
airborne heater.
(ii) The limitation specified in paragraph (b)(2)(i) of this
section may be removed when the person obtains the required
aeronautical experience in a gas balloon and receives a logbook
endorsement from an authorized instructor who attests to the person's
accomplishment of the required aeronautical experience and ability to
satisfactorily operate a gas balloon.
(3) If a person who applies for a commercial pilot certificate with
a balloon rating takes a practical test in a gas balloon--
[[Page 16338]]
(i) The pilot certificate will contain a limitation restricting the
exercise of the privileges of that certificate to a gas balloon.
(ii) The limitation specified in paragraph (b)(3)(i) of this
section may be removed when the person obtains the required
aeronautical experience in a balloon with an airborne heater and
receives a logbook endorsement from an authorized instructor who
attests to the person's accomplishment of the required aeronautical
experience and ability to satisfactorily operate a balloon with an
airborne heater.
Sec. 61.135--61.141 [Reserved]
Subpart G--Airline Transport Pilots
Sec. 61.151 Applicability.
This subpart prescribes the requirements for the issuance of
airline transport pilot certificates and ratings, the conditions under
which those certificates and ratings are necessary, and the general
operating rules for persons who hold those certificates and ratings.
Sec. 61.153 Eligibility requirements: General.
To be eligible for an airline transport pilot certificate, a person
must:
(a) Be at least 23 years of age;
(b) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's pilot certificate as are necessary for
the safe operation of the aircraft;
(c) Be of good moral character;
(d) Meet at least one of the following requirements:
(1) Hold at least a commercial pilot certificate and an instrument
rating;
(2) Meet the military experience requirements under Sec. 61.73 of
this part to qualify for a commercial pilot certificate, and an
instrument rating if the person is a rated military pilot or former
rated military pilot of an Armed Force of the United States; or
(3) Hold either a foreign airline transport pilot or foreign
commercial pilot license and an instrument rating if the person holds a
pilot license issued by a contracting State to the Convention on
International Civil Aviation.
(e) Meet the aeronautical experience requirements of this subpart
that apply to the aircraft category and class rating sought before
applying for the practical test;
(f) Pass a knowledge test on the aeronautical knowledge areas of
Sec. 61.155(c) of this part that apply to the aircraft category and
class rating sought;
(g) Pass the practical test on the areas of operation listed in
Sec. 61.157(e) of this part that apply to the aircraft category and
class rating sought; and
(h) Comply with the sections of this part that apply to the
aircraft category and class rating sought.
Sec. 61.155 Aeronautical knowledge.
(a) General. The knowledge test for an airline transport pilot
certificate is based on the aeronautical knowledge areas listed in
paragraph (c) of this section that are appropriate to the aircraft
category and class rating sought.
(b) Aircraft type rating. A person who is applying for an
additional aircraft type rating to be added to an airline transport
pilot certificate is not required to pass a knowledge test if that
person's airline transport pilot certificate lists the aircraft
category and class rating that is appropriate to the type rating
sought.
(c) Aeronautical knowledge areas. (1) Applicable Federal Aviation
Regulations of this chapter that relate to airline transport pilot
privileges, limitations, and flight operations;
(2) Meteorology, including knowledge of and effects of fronts,
frontal characteristics, cloud formations, icing, and upper-air data;
(3) General system of weather and NOTAM collection, dissemination,
interpretation, and use;
(4) Interpretation and use of weather charts, maps, forecasts,
sequence reports, abbreviations, and symbols;
(5) National Weather Service functions as they pertain to
operations in the National Airspace System;
(6) Windshear and microburst awareness, identification, and
avoidance;
(7) Principles of air navigation under instrument meteorological
conditions in the National Airspace System;
(8) Air traffic control procedures and pilot responsibilities as
they relate to en route operations, terminal area and radar operations,
and instrument departure and approach procedures;
(9) Aircraft loading, weight and balance, use of charts, graphs,
tables, formulas, and computations, and their effect on aircraft
performance;
(10) Aerodynamics relating to an aircraft's flight characteristics
and performance in normal and abnormal flight regimes;
(11) Human factors;
(12) Aeronautical decision making and judgment; and
(13) Crew resource management to include crew communication and
coordination.
Sec. 61.157 Flight proficiency.
(a) General. (1) The practical test for an airline transport pilot
certificate is given for--
(i) An airplane category and single-engine class rating;
(ii) An airplane category and multiengine class rating;
(iii) A rotorcraft category and helicopter class rating;
(iv) A powered-lift category rating; and
(v) An aircraft type rating for the category and class ratings
listed in paragraphs (a)(1)(i) through (a)(1)(iv) of this section.
(2) A person who is applying for an airline transport pilot
practical test must meet--
(i) The eligibility requirements of Sec. 61.153 of this part; and
(ii) The aeronautical knowledge and aeronautical experience
requirements of this subpart that apply to the aircraft category and
class rating sought.
(b) Aircraft type rating. Except as provided in paragraph (c) of
this section, a person who is applying for an aircraft type rating to
be added to an airline transport pilot certificate:
(1) Must receive and log ground and flight training from an
authorized instructor on the areas of operation in this section that
apply to the aircraft type rating sought;
(2) Must receive a logbook endorsement from an authorized
instructor certifying that the applicant completed the training on the
areas of operation listed in paragraph (e) of this section that apply
to the aircraft type rating sought; and
(3) Must perform the practical test under instrument flight rules,
unless the practical test cannot be accomplished under instrument
flight rules because the aircraft's type certificate makes the aircraft
incapable of operating under instrument flight rules. If the practical
test cannot be accomplished for this reason, the person may obtain a
type rating limited to ``VFR only.'' The ``VFR only'' limitation may be
removed for that aircraft type when the person passes the practical
test under instrument flight rules.
(c) A person who is applying for an aircraft type rating to be
added to an airline transport pilot certificate or an aircraft type
rating concurrently with an airline transport pilot certificate, and
who is an employee of a certificate holder operating under part 121 or
part 135 of this chapter, need not comply with the requirements of
paragraph (b) of this section if the applicant presents a training
record that shows satisfactory completion of that certificate holder's
approved pilot in command training
[[Page 16339]]
program for the aircraft type rating sought.
(d) Any type rating(s) on the pilot certificate of an applicant who
successfully completes an airline transport pilot practical test shall
be included on the airline transport pilot certificate with the
privileges and limitations of the airline transport pilot certificate,
provided the applicant passes the practical test in the same category
and class of aircraft for which the applicant holds the type rating(s).
However, if a type rating for that category and class of aircraft on
the superseded pilot certificate is limited to VFR, that limitation
shall be carried forward to the person's airline transport pilot
certificate level.
(e) Areas of operation. (1) For an airplane category--single-engine
class rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(2) For an airplane category--multiengine class rating: (i)
Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(3) For a powered-lift category rating: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(4) For a rotorcraft category--helicopter class rating: (i)
Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(f) Proficiency and competency checks conducted under part 121 or
part 135. (1) 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.
(2) Any check or combination of checks used to satisfy the
requirements of this section must include all maneuvers and procedures
required for the issuance of a type rating. Any check must be evaluated
by a designated examiner or FAA inspector.
(g) Use of an approved flight simulator or approved flight training
device for an airplane rating. If an approved flight simulator or
approved flight training device is used for accomplishing any of the
training and the required practical test for an airline transport pilot
certificate with an airplane category, class, and type rating, if
applicable, the applicant, approved flight simulator, and approved
flight training device are subject to the following requirements:
(1) The approved flight simulator and approved flight training
device must represent that airplane type if the rating involves a type
rating in an airplane, or is representative of an airplane if the
applicant is only seeking an airplane class rating and does not require
a type rating.
(2) The approved flight simulator and approved flight training
device must be used in accordance with an approved course at a training
center certificated under part 142 of this chapter.
(3) All training and testing (except preflight inspection) must be
accomplished by the applicant to receive an airplane class rating and
type rating, if applicable, without limitations and--
(i) The flight simulator must be approved as Level C or Level D;
and
(ii) The applicant must meet the aeronautical experience
requirements of Sec. 61.159 of this part and at least one of the
following--
(A) Hold a type rating for a turbojet airplane of the same 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 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 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 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 flight time, of which 500 hours
must be in turbine-powered airplanes of the same class as the airplane
for which the type rating is sought;
(D) Have at least 500 hours of flight time in the same type of
airplane as the airplane for which the type rating is sought; or
(E) Have at least 1,000 hours of flight time in at least two
different airplanes requiring a type rating.
(4) Subject to the limitation of paragraph (g)(5) of this section,
an applicant who does not meet the requirements of paragraph (g)(3) of
this section may complete all training and testing (except for
preflight inspection) for an additional rating if--
(i) The flight simulator is approved as Level C or Level D; and
(ii) The applicant meets the aeronautical experience requirements
of Sec. 61.159 of this part 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 additional
rating, has logged--
(1) At least 100 hours of flight time in airplanes in the same
class as the airplane for which the type rating is sought and which
requires a type rating; and
(2) At least 25 hours of flight time in airplanes of the same type
for which the type rating is sought.
(5) An applicant meeting only the requirements of paragraph
(g)(4)(ii)(A) and (B) of this section will be issued an additional
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
additional rating.''
(6) An applicant who has been issued a certificate with the
limitation specified in paragraph (g)(5) of this section--
(i) May not act as pilot in command of the aircraft for which an
additional rating was obtained under the provisions of this section
until the limitation is removed from the certificate; and
[[Page 16340]]
(ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
(7) An applicant who does not meet the requirements of paragraph
(g)(3)(ii)(A) through (E) or (g)(4)(ii)(A) and (B) of this section may
be issued an airline transport pilot certificate or an additional
rating to that pilot certificate after successful completion of one of
the following requirements--
(i) An approved course at a part 142 training center that 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 part 142 training center that complies
with paragraphs (g)(8) and (g)(9) of this section and includes all
training and testing for a certificate or rating.
(8) An applicant meeting only the requirements of paragraph (g)(7)
of this section will be issued an additional rating or an airline
transport pilot certificate with an additional rating, as applicable,
with a limitation. The limitation shall state: ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(9) An applicant issued a pilot certificate with the limitation
specified in paragraph (g)(8) of this section--
(i) May not act as pilot in command of the aircraft for which an
additional rating was obtained under the provisions of this section
until the limitation is removed from the certificate; and
(ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
(h) Use of an approved flight simulator or an approved flight
training device for a helicopter rating. If an approved flight
simulator or approved flight training device is used for accomplishing
any of the training and the required practical test for an airline
transport pilot certificate with a helicopter class rating and type
rating, if applicable, the applicant, approved flight simulator, and
approved flight training device are subject to the following
requirements:
(1) The approved flight simulator and approved flight training
device must represent that helicopter type if the rating involves a
type rating in a helicopter, or is representative of a helicopter if
the applicant is only seeking a helicopter class rating and does not
require a type rating.
(2) The approved flight simulator and approved flight training
device must be used in accordance with an approved course at a training
center certificated under part 142 of this chapter.
(3) All training and testing requirements (except preflight
inspection) must be accomplished by the applicant to receive a
helicopter class rating and type rating, if applicable, without
limitations and--
(i) The flight simulator must be approved as a Level C or Level D;
and
(ii) The applicant must meet the aeronautical experience
requirements of Sec. 61.161 of this part 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 a
turbine-powered helicopter, if a turbine-powered helicopter type rating
is sought;
(B) Have at least 1,200 hours of flight time, of which 500 hours
must be in turbine-powered helicopters;
(C) Have at least 500 hours of flight time in the same type
helicopter as the helicopter for which the type rating is sought; or
(D) Have at least 1,000 hours of flight time in at least two
different helicopters requiring a type rating.
(4) Subject to the limitation of paragraph (h)(5) of this section,
an applicant who does not meet the requirements of paragraph (h)(3) of
this section may complete all training and testing (except for
preflight inspection) for an additional rating if--
(i) The flight simulator is approved as Level C or Level D; and
(ii) The applicant meets the aeronautical experience requirements
of Sec. 61.161 of this part and, since the beginning of the 12th
calendar month before the month in which the applicant completes the
practical test for the additional 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 of helicopter for which the type rating is sought.
(5) An applicant meeting only the requirements of paragraph
(h)(4)(ii) (A) and (B) of this section will be issued an additional
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 additional rating.''
(6) An applicant who has been issued a certificate with the
limitation specified in paragraph (h)(5) of this section--
(i) May not act as pilot in command of the helicopter for which an
additional rating was obtained under the provisions of this section
until the limitation is removed from the certificate; and
(ii) May have the limitation removed by accomplishing 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 a helicopter of the same
type for which the limitation applies.
(7) An applicant who does not meet the requirements of paragraph
(h)(3)(ii) (A) through (D), or (h)(4)(ii) (A) and (B) of this section
may be issued an airline transport pilot certificate or an additional
rating to that pilot certificate after successful completion of one of
the following requirements--
(i) An approved course at a part 142 training center that 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; or
(ii) An approved course at a training center that includes all
training and testing for that certificate or rating and compliance with
paragraphs (h)(8) and (h)(9) of this section.
(8) An applicant meeting only the requirements of paragraph (h)(7)
of this section will be issued an additional rating or an airline
transport pilot certificate with an additional rating, as applicable,
with a limitation. The limitation shall state: ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(9) An applicant issued a certificate with the limitation specified
in paragraph (h)(8) of this section--
(i) May not act as pilot in command of the aircraft for which an
additional rating was obtained under the provisions of this section
until the
[[Page 16341]]
limitation is removed from the certificate; and
(ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
(i) Use of an approved flight simulator or approved flight training
device for a powered-lift rating. If an approved flight simulator or
approved flight training device is used for accomplishing any of the
training and the required practical test for an airline transport pilot
certificate with a powered-lift category rating and type rating, if
applicable, the applicant, approved flight simulator, and approved
flight training device are subject to the following requirements:
(1) The approved flight simulator and approved flight training
device must represent that powered-lift type, if the rating involves a
type rating in a powered-lift, or is representative of a powered-lift
if the applicant is only seeking a powered-lift category rating and
does not require a type rating.
(2) The approved flight simulator and approved flight training
device must be used in accordance with an approved course at a training
center certificated under part 142 of this chapter.
(3) All training and testing requirements (except preflight
inspection) must be accomplished by the applicant to receive a powered-
lift category rating and type rating, if applicable, without
limitations; and--
(i) The flight simulator must be approved as Level C or Level D;
and
(ii) The applicant must meet the aeronautical experience
requirements of Sec. 61.163 of this part and at least one of the
following--
(A) Hold a type rating for a turbine-powered powered-lift, or have
been designated by a military service as a pilot in command of a
turbine-powered powered-lift, if a turbine-powered powered-lift type
rating is sought;
(B) Have at least 1,200 hours of flight time, of which 500 hours
must be in turbine-powered powered-lifts;
(C) Have at least 500 hours of flight time in the same type of
powered-lift for which the type rating is sought; or
(D) Have at least 1,000 hours of flight time in at least two
different powered-lifts requiring a type rating.
(4) Subject to the limitation of paragraph (i)(5) of this section,
an applicant who does not meet the requirements of paragraph (i)(3) of
this section may complete all training and testing (except for
preflight inspection) for an additional rating if--
(i) The flight simulator is approved as Level C or Level D; and
(ii) The applicant meets the aeronautical experience requirements
of Sec. 61.163 of this part and, since the beginning of the 12th
calendar month before the month in which the applicant completes the
practical test for the additional rating, has logged--
(A) At least 100 hours of flight time in powered-lifts; and
(B) At least 15 hours of flight time in powered-lifts of the same
type of powered-lift for the type rating sought.
(5) An applicant meeting only the requirements of paragraph
(i)(4)(ii) (A) and (B) of this section will be issued an additional
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 additional rating.''
(6) An applicant who has been issued a certificate with the
limitation specified in paragraph (i)(5) of this section--
(i) May not act as pilot in command of the powered-lift for which
an additional rating was obtained under the provisions of this section
until the limitation is removed from the certificate; and
(ii) May have the limitation removed by accomplishing 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 a powered-lift of the
same type for which the limitation applies.
(7) An applicant who does not meet the requirements of paragraph
(i)(3)(ii) (A) through (D) or (i)(4)(ii) (A) and (B) of this section
may be issued an airline transport pilot certificate or an additional
rating to that pilot certificate after successful completion of one of
the following requirements--
(i) An approved course at a part 142 training center that 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 site; or
(ii) An approved course at a training center that includes all
training and testing for that certificate or rating and is in
compliance with paragraphs (i)(8) and (i)(9) of this section.
(8) An applicant meeting only the requirements of paragraph (i)(7)
of this section will be issued an additional rating or an airline
transport pilot certificate with an additional rating, as applicable,
with a limitation. The limitation shall state: ``This certificate is
subject to pilot-in-command limitations for the additional rating.''
(9) An applicant issued a pilot certificate with the limitation
specified in paragraph (i)(8) of this section--
(i) May not act as pilot in command of the aircraft for which an
additional rating was obtained under the provisions of this section
until the limitation is removed from the certificate; and
(ii) May have the limitation removed by accomplishing 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 a powered-lift of the
same type for which the limitation applies.
(j) Waiver authority. Unless the Administrator requires certain or
all tasks to be performed, the examiner who conducts the practical test
for an airline transport pilot certificate may waive any of the tasks
for which the Administrator approves waiver authority.
Sec. 61.158 [Reserved]
Sec. 61.159 Aeronautical experience: Airplane category rating.
(a) Except as provided in paragraphs (b), (c), and (d) of this
section, a person who is applying for an airline transport pilot
certificate with an airplane category and class rating must have at
least 1,500 hours of total time as a pilot that includes at least:
(1) 500 hours of cross-country flight time.
(2) 100 hours of night flight time.
(3) 75 hours of instrument flight time, in actual or simulated
instrument conditions, subject to the following:
(i) Except as provided in paragraph (a)(3)(ii) of this section, an
applicant may not receive credit for more than a total of 25 hours of
simulated instrument time in an approved flight simulator or approved
flight training device.
(ii) A maximum of 50 hours of training in an approved flight
simulator or approved flight training device may be credited toward the
instrument flight time requirements of paragraph (a)(3) of this section
if the training was accomplished in a course conducted by a training
center certificated under part 142 of this chapter.
(iii) Training in a flight simulator or flight training device must
be
[[Page 16342]]
accomplished in an approved flight simulator or approved flight
training device, representing an airplane.
(4) 250 hours of flight time in an airplane as a pilot in command,
or as second in command performing the duties and functions of a pilot
in command while under the supervision of a pilot in command or any
combination thereof, which includes at least--
(i) 100 hours of cross-country flight time; and
(ii) 25 hours of night flight time.
(5) Not more than 100 hours of the total aeronautical experience
requirements of paragraph (a) of this section may be obtained in an
approved flight simulator or approved flight training device that
represents an airplane, provided the aeronautical experience was
obtained in an approved course conducted by a training center
certificated under part 142 of this chapter.
(b) A person 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 for 1 hour of night flight time to satisfy
the requirements of paragraph (a)(2) of this section; however, not more
than 25 hours of night flight time may be credited in this manner.
(c) A commercial pilot may credit the following second-in-command
flight time or flight-engineer flight time toward the 1,500 hours of
total time as a pilot required by paragraph (a) of this section:
(1) second in command time, provided the time is acquired in an
airplane--
(i) Required to have more than one pilot by the airplane's flight
manual, type certificate, or the regulations under which the flight is
being conducted;
(ii) Engaged in operations under part 121 or part 135 of this
chapter for which a second in command is required; or
(iii) That is required by the operating rules of this chapter to
have more than one pilot.
(2) Flight-engineer time, provided the time--
(i) Is acquired in an airplane required to have a flight engineer
by the airplane's flight manual or type certificate;
(ii) Is acquired while engaged in operations under part 121 of this
chapter for which a flight engineer is required;
(iii) Is acquired while the person is participating in a pilot
training program approved under part 121 of this chapter; and
(iv) Does not exceed more than 1 hour for each 3 hours of flight
engineer flight time for a total credited time of no more than 500
hours.
(d) An applicant may be issued an airline transport pilot
certificate with the endorsement, ``Holder does not meet the pilot in
command aeronautical experience requirements of ICAO,'' as prescribed
by Article 39 of the Convention on International Civil Aviation, if the
applicant:
(1) Credits second in command or flight-engineer time under
paragraph (c) of this section toward the 1,500 hours total flight time
requirement of paragraph (a) of this section;
(2) Does not have at least 1,200 hours of flight time as a pilot,
including no more than 50 percent of his or her second in command time
and none of his or her flight-engineer time; and
(3) Otherwise meets the requirements of paragraph (a) of this
section.
(e) When the applicant specified in paragraph (d) of this section
presents satisfactory evidence of the accumulation of 1,200 hours of
flight time as a pilot including no more than 50 percent of his or her
second-in-command flight time and none of his or her flight-engineer
time, the applicant is entitled to an airline transport pilot
certificate without the endorsement prescribed in that paragraph.
Sec. 61.161 Aeronautical experience: Rotorcraft category and
helicopter class rating.
(a) A person who is applying for an airline transport pilot
certificate with a rotorcraft category and helicopter class rating,
must have at least 1,200 hours of total time as a pilot that includes
at least:
(1) 500 hours of cross-country flight time;
(2) 100 hours of night flight time, of which 15 hours are in
helicopters;
(3) 200 hours of flight time in helicopters, which includes at
least 75 hours as a pilot in command, or as 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; and
(4) 75 hours of instrument flight time in actual or simulated
instrument meteorological conditions, of which at least 50 hours are
obtained in flight with at least 25 hours in helicopters as a pilot in
command, or as 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.
(b) Training in an approved flight simulator or approved flight
training device may be credited toward the instrument flight time
requirements of paragraph (a)(4) of this section, subject to the
following:
(1) Training in a flight simulator or a flight training device must
be accomplished in an approved flight simulator or approved flight
training device that represents a rotorcraft.
(2) Except as provided in paragraph (b)(3) of this section, an
applicant may receive credit for not more than a total of 25 hours of
simulated instrument time in an approved flight simulator and approved
flight training device.
(3) A maximum of 50 hours of training in an approved flight
simulator or approved flight training device may be credited toward the
instrument flight time requirements of paragraph (a)(4) of this section
if the aeronautical experience is accomplished in an approved course
conducted by a training center certificated under part 142 of this
chapter.
Sec. 61.163 Aeronautical experience: Powered-lift category rating.
(a) A person who is applying for an airline transport pilot
certificate with a powered-lift category rating must have at least
1,500 hours of total time as a pilot that includes at least:
(1) 500 hours of cross-country flight time;
(2) 100 hours of night flight time;
(3) 250 hours in a powered-lift 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:
(i) 100 hours of cross-country flight time; and
(ii) 25 hours of night flight time.
(4) 75 hours of instrument flight time in actual or simulated
instrument conditions, subject to the following:
(i) Except as provided in paragraph (a)(4)(ii) of this section, an
applicant may not receive credit for more than a total of 25 hours of
simulated instrument time in an approved flight simulator or approved
flight training device.
(ii) A maximum of 50 hours of training in an approved flight
simulator or approved flight training device may be credited toward the
instrument flight time requirements of paragraph (a)(4) of this section
if the training was accomplished in a course conducted by a training
center certificated under part 142 of this chapter.
(iii) Training in a flight simulator or flight training device must
be accomplished in an approved flight simulator or approved flight
training device that represents a powered-lift.
(b) Not more than 100 hours of the total aeronautical experience
[[Page 16343]]
requirements of paragraph (a) of this section may be obtained in an
approved flight simulator or approved flight training device that
represents a powered-lift, provided the aeronautical experience was
obtained in an approved course conducted by a training center
certificated under part 142 of this chapter.
Sec. 61.165 Additional aircraft category and class ratings.
(a) Rotorcraft category and helicopter class rating. A person
applying for an airline transport certificate with a rotorcraft
category and helicopter class rating who holds an airline transport
pilot certificate with another aircraft category rating must:
(1) Meet the eligibility requirements of Sec. 61.153 of this part;
(2) Pass a knowledge test on the aeronautical knowledge areas of
Sec. 61.155(c) of this part;
(3) Comply with the requirements in Sec. 61.157(b) of this part, if
appropriate;
(4) Meet the applicable aeronautical experience requirements of
Sec. 61.161 of this part; and
(5) Pass the practical test on the areas of operation of
Sec. 61.157(e)(4) of this part.
(b) Airplane category rating with a single-engine class rating. A
person applying for an airline transport certificate with an airplane
category and single-engine class rating who holds an airline transport
pilot certificate with another aircraft category or class rating must:
(1) Meet the eligibility requirements of Sec. 61.153 of this part;
(2) Pass a knowledge test on the aeronautical knowledge areas of
Sec. 61.155(c) of this part;
(3) Comply with the requirements in Sec. 61.157(b) of this part, if
appropriate;
(4) Meet the applicable aeronautical experience requirements of
Sec. 61.159 of this part; and
(5) Pass the practical test on the areas of operation of
Sec. 61.157(e)(1) of this part.
(c) Airplane category rating with a multiengine class rating. A
person applying for an airline transport certificate with an airplane
category and multiengine class rating who holds an airline transport
certificate with another aircraft category or class rating must:
(1) Meet the eligibility requirements of Sec. 61.153 of this part;
(2) Pass a knowledge test on the aeronautical knowledge areas of
Sec. 61.155(c) of this part;
(3) Comply with the requirements in Sec. 61.157(b) of this part, if
appropriate;
(4) Meet the applicable aeronautical experience requirements of
Sec. 61.159 of this part; and
(5) Pass the practical test on the areas of operation of
Sec. 61.157(e)(2) of this part.
(d) Powered-lift category. A person applying for an airline
transport pilot certificate with a powered-lift category rating who
holds an airline transport certificate with another aircraft category
rating must:
(1) Meet the eligibility requirements of Sec. 61.153 of this part;
(2) Pass a required knowledge test on the aeronautical knowledge
areas of Sec. 61.155(c) of this part;
(3) Comply with the requirements in Sec. 61.157(b) of this part, if
appropriate;
(4) Meet the applicable aeronautical experience requirements of
Sec. 61.163 of this part; and
(5) Pass the required practical test on the areas of operation of
Sec. 61.157(e)(3) of this part.
Sec. 61.167 Privileges.
(a) A person who holds an airline transport pilot certificate is
entitled to the same privileges as those afforded a person who holds a
commercial pilot certificate with an instrument rating.
(b) 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 and endorse the logbook or other training
record of the person to whom training has been given;
(2) In approved flight simulators, and approved flight training
devices representing the aircraft referenced in paragraph (b)(1) of
this section, when instructing under the provisions of this section and
endorse the logbook or other training record of the person to whom
training has been given;
(3) Only as provided in this section, unless the airline transport
pilot also holds a flight instructor certificate, in which case the
holder may exercise the instructor privileges of subpart H of part 61
for which he or she is rated; and
(4) In an aircraft, only if the aircraft has functioning dual
controls, when instructing under the provisions of this section.
(c) Excluding briefings and debriefings, an airline transport pilot
may not instruct in aircraft, approved flight simulators, and approved
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.
(d) 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.
Sec. 61.161--69.171 [Reserved]
Subpart H--Flight Instructors
Sec. 61.181 Applicability.
This subpart prescribes the requirements for the issuance of flight
instructor certificates and ratings, the conditions under which those
certificates and ratings are necessary, and the limitations on those
certificates and ratings.
Sec. 61.183 Eligibility requirements.
To be eligible for a flight instructor certificate or rating a
person must:
(a) Be at least 18 years of age;
(b) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's flight instructor certificate as are
necessary;
(c) Hold either a commercial pilot certificate or airline transport
pilot certificate with:
(1) An aircraft category and class rating that is appropriate to
the flight instructor rating sought; and
(2) An instrument rating, if the person holds a commercial pilot
certificate that is appropriate to the flight instructor rating sought,
if applying for--
(i) A flight instructor certificate with an airplane category and
single-engine class rating;
(ii) A flight instructor certificate with an airplane category and
multiengine class rating;
(iii) A flight instructor certificate with a powered-lift rating;
or
(iv) A flight instructor certificate with an instrument rating.
(d) Receive a logbook endorsement from an authorized instructor on
the fundamentals of instructing listed in Sec. 61.185 of this part
appropriate to the required knowledge test;
(e) Pass a knowledge test on the areas listed in Sec. 61.185(a) of
this part, unless the applicant:
(1) Holds a flight instructor certificate or ground instructor
certificate issued under this part;
(2) Holds a current teacher's certificate issued by a State,
county, city, or municipality that authorizes the person to teach at an
educational level of the 7th grade or higher; or
(3) Is employed as a teacher at an accredited college or
university.
(f) Pass a knowledge test on the aeronautical knowledge areas
listed in Sec. 61.185(a)(2) and (a)(3) of this part that are
appropriate to the flight instructor rating sought;
[[Page 16344]]
(g) Receive a logbook endorsement from an authorized instructor on
the areas of operation listed in Sec. 61.187(b) of this part,
appropriate to the flight instructor rating sought;
(h) Pass the required practical test that is appropriate to the
flight instructor rating sought in an:
(1) Aircraft that is representative of the category and class of
aircraft for the aircraft rating sought; or
(2) Approved flight simulator or approved flight training device
that is representative of the category and class of aircraft for the
rating sought, and used in accordance with an approved course at a
training center certificated under part 142 of this chapter.
(i) Accomplish the following for a flight instructor certificate
with an airplane or a glider rating:
(1) Receive a logbook endorsement from an authorized instructor
indicating that the applicant is competent and possesses instructional
proficiency in stall awareness, spin entry, spins, and spin recovery
procedures after providing the applicant with flight training in those
training areas in an airplane or glider, as appropriate, that is
certificated for spins; and
(2) Demonstrate instructional proficiency in stall awareness, spin
entry, spins, and spin recovery procedures. However, upon presentation
of the endorsement specified in paragraph (i)(1) of this section an
examiner may accept that endorsement as satisfactory evidence of
instructional proficiency in stall awareness, spin entry, spins, and
spin recovery procedures for the practical test, provided that the
practical test is not a retest as a result of the applicant failing the
previous test for deficiencies in the knowledge or skill of stall
awareness, spin entry, spins, or spin recovery instructional
procedures. If the retest is a result of deficiencies in the ability of
an applicant to demonstrate knowledge or skill of stall awareness, spin
entry, spins, or spin recovery instructional procedures, the examiner
must test the person on stall awareness, spin entry, spins, and spin
recovery instructional procedures in an airplane or glider, as
appropriate, that is certificated for spins;
(j) Log at least 15 hours as pilot in command in the category and
class of aircraft that is appropriate to the flight instructor rating
sought; and
(k) Comply with the appropriate sections of this part that apply to
the flight instructor rating sought.
Sec. 61.185 Aeronautical knowledge.
(a) A person who is applying for a flight instructor certificate
must receive and log ground training from an authorized instructor on:
(1) Except as provided in paragraph (b) of this section, the
fundamentals of instructing, including:
(i) The learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(2) The aeronautical knowledge areas for a recreational, private,
and commercial pilot certificate applicable to the aircraft category
for which flight instructor privileges are sought; and
(3) The aeronautical knowledge areas for the instrument rating
applicable to the category for which instrument flight instructor
privileges are sought.
(b) The following applicants do not need to comply with paragraph
(a) of this section:
(1) The holder of a flight instructor certificate or ground
instructor certificate issued under this part;
(2) The holder of a current teacher's certificate issued by a
State, county, city, or municipality that authorizes the person to
teach at an educational level of the 7th grade or higher; or
(3) A person employed as a teacher at an accredited college or
university.
Sec. 61.187 Flight proficiency.
(a) General. A person who is applying for a flight instructor
certificate must receive and log flight and ground training from an
authorized instructor on the areas of operation listed in this section
that apply to the flight instructor rating sought. The applicant's
logbook must contain an endorsement from an authorized instructor
certifying that the person is proficient to pass a practical test on
those areas of operation.
(b) Areas of operation. (1) For an airplane category rating with a
single-engine class rating: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight, stalls, and spins;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
(2) For an airplane category rating with a multiengine class
rating: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight and stalls;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations;
(xiv) Multiengine operations; and
(xv) Postflight procedures.
(3) For a rotorcraft category rating with a helicopter class
rating: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Emergency operations;
(xii) Special operations; and
(xiii) Postflight procedures.
(4) For a rotorcraft category rating with a gyroplane class rating:
(i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Flight at slow airspeeds;
(xi) Ground reference maneuvers;
(xii) Emergency operations; and
(xiii) Postflight procedures.
(5) For a powered-lift category rating: (i) Fundamentals of
instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Ground reference maneuvers;
(xii) Slow flight and stalls;
(xiii) Basic instrument maneuvers;
(xiv) Emergency operations;
(xv) Special operations; and
[[Page 16345]]
(xvi) Postflight procedures.
(6) For a glider category rating: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and gliderport operations;
(vii) Launches, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance speeds;
(x) Soaring techniques;
(xi) Performance maneuvers;
(xii) Slow flight, stalls, and spins;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
(7) For an instrument rating with the appropriate aircraft category
and class rating: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Air traffic control clearances and procedures;
(vi) Flight by reference to instruments;
(vii) Navigation aids;
(viii) Instrument approach procedures;
(ix) Emergency operations; and
(x) Postflight procedures.
(c) The flight training required by this section may be
accomplished:
(1) In an aircraft that is representative of the category and class
of aircraft for the rating sought; or
(2) In an approved flight simulator or approved flight training
device representative of the category and class of aircraft for the
rating sought, and used in accordance with an approved course at a
training center certificated under part 142 of this chapter.
Sec. 61.189 Flight instructor records.
(a) A flight instructor must sign the logbook of each person to
whom that instructor has given flight training or ground training.
(b) A flight instructor must maintain a record in a logbook or a
separate document that contains the following:
(1) The name of each person whose logbook or student pilot
certificate that instructor has endorsed for solo flight privileges,
and the date of the endorsement; and
(2) The name of each person that instructor has endorsed for a
knowledge test or practical test, and the record shall also indicate
the kind of test, the date, and the results.
(c) Each flight instructor must retain the records required by this
section for at least 3 years.
Sec. 61.191 Additional flight instructor ratings.
(a) A person who applies for an additional flight instructor rating
on a flight instructor certificate must meet the eligibility
requirements listed in Sec. 61.183 of this part that apply to the
flight instructor rating sought.
(b) A person who applies for an additional rating on a flight
instructor certificate is not required to pass the knowledge test on
the areas listed in Sec. 61.185(a) of this part.
Sec. 61.193 Flight instructor privileges.
A person who holds a flight instructor certificate is authorized
within the limitations of that person's flight instructor certificate
and ratings, and that person's pilot certificate and ratings, to give
training and endorsements that are required for, and relate to:
(a) A student pilot certificate;
(b) A pilot certificate;
(c) A flight instructor certificate;
(d) A ground instructor certificate;
(e) An aircraft rating;
(f) An instrument rating;
(g) A flight review, operating privilege, or recency of experience
requirement of this part;
(h) A practical test; and
(i) A knowledge test.
Sec. 61.195 Flight instructor limitations and qualifications.
A person who holds a flight instructor certificate is subject to
the following limitations:
(a) Hours of training. In any 24-consecutive-hour period, a flight
instructor may not conduct more than 8 hours of flight training.
(b) Aircraft ratings. A flight instructor may not conduct flight
training in any aircraft for which the flight instructor does not hold:
(1) A pilot certificate and flight instructor certificate with the
applicable category and class rating; and
(2) If appropriate, a type rating.
(c) Instrument Rating. A flight instructor who provides instrument
flight training for the issuance of an instrument rating or a type
rating not limited to VFR must hold an instrument rating on his or her
flight instructor certificate and pilot certificate that is appropriate
to the category and class of aircraft in which instrument training is
being provided.
(d) Limitations on endorsements. A flight instructor may not
endorse a:
(1) Student pilot's certificate or logbook for solo flight
privileges, unless that flight instructor has--
(i) Given that student the flight training required for solo flight
privileges required by this part; and
(ii) Determined that the student is prepared to conduct the flight
safely under known circumstances, subject to any limitations listed in
the student's logbook that the instructor considers necessary for the
safety of the flight.
(2) Student pilot's certificate and logbook for a solo cross-
country flight, unless that flight instructor has determined the
student's flight preparation, planning, equipment, and proposed
procedures are adequate for the proposed flight under the existing
conditions and within any limitations listed in the logbook that the
instructor considers necessary for the safety of the flight;
(3) Student pilot's certificate and logbook for solo flight in a
Class B airspace area or at an airport within Class B airspace unless
that flight instructor has--
(i) Given that student ground and flight training in that Class B
airspace or at that airport; and
(ii) Determined that the student is proficient to operate the
aircraft safely.
(4) Logbook of a recreational pilot, unless that flight instructor
has--
(i) Given that pilot the ground and flight training required by
this part; and
(ii) Determined that the recreational pilot is proficient to
operate the aircraft safely.
(5) Logbook of a pilot for a flight review, unless that instructor
has conducted a review of that pilot in accordance with the
requirements of Sec. 61.56(a) of this part; or
(6) Logbook of a pilot for an instrument proficiency check, unless
that instructor has tested that pilot in accordance with the
requirements of Sec. 61.57(d) of this part.
(e) Training in an aircraft that requires a type rating. A flight
instructor may not give flight training in an aircraft that requires
the pilot in command to hold a type rating unless the flight instructor
holds a type rating for that aircraft on his or her pilot certificate.
(f) Training received in a multiengine airplane, a helicopter, or a
powered-lift. A flight instructor may not give training required for
the issuance of a certificate or rating in a multiengine airplane, a
helicopter, or a powered-lift unless that flight instructor has at
least 5 flight hours of pilot-in-command time in the specific make and
model of multiengine airplane, helicopter, or powered-lift, as
appropriate.
(g) Position in aircraft and required pilot stations for providing
flight training.
(1) A flight instructor must perform all training from in an
aircraft that complies with the requirements of Sec. 91.109 of this
chapter.
[[Page 16346]]
(2) A flight instructor who provides flight training for a pilot
certificate or rating issued under this part must provide that flight
training in an aircraft that meets the following requirements--
(i) The aircraft must have at least two pilot stations and be of
the same category, class, and type, if appropriate, that applies to the
pilot certificate or rating sought.
(ii) For single-place aircraft, the pre-solo flight training must
have been provided in an aircraft that has two pilot stations and is of
the same category, class, and type, if appropriate.
(h) Qualifications of the flight instructor for training first-time
flight instructor applicants. (1) The ground training provided to an
initial applicant for a flight instructor certificate must be given by
an authorized instructor who--
(i) Holds a current ground or flight instructor certificate with
the appropriate rating, has held that certificate for at least 24
months, and has given at least 40 hours of ground training; or
(ii) Holds a current ground or flight instructor certificate with
the appropriate rating, and has given at least 100 hours of ground
training in an FAA-approved course.
(2) Except for an instructor who meets the requirements of
paragraph (h)(3)(ii) of this section, a flight instructor who provides
training to an initial applicant for a flight instructor certificate
must--
(i) Meet the eligibility requirements prescribed in Sec. 61.183 of
this part;
(ii) Hold the appropriate flight instructor certificate and rating;
(iii) Have held a flight instructor certificate for at least 24
months;
(iv) For training in preparation for an airplane, rotorcraft, or
powered-lift rating, have given at least 200 hours of flight training
as a flight instructor; and
(v) For training in preparation for a glider rating, have given at
least 80 hours of flight training as a flight instructor.
(3) A flight instructor who serves as a flight instructor in an
FAA-approved course for the issuance of a flight instructor rating must
hold a current flight instructor certificate with the appropriate
rating and pass the required initial and recurrent flight instructor
proficiency tests, in accordance with the requirements of the part
under which the FAA-approved course is conducted, and must--
(i) Meet the requirements of paragraph (h)(2) of this section; or
(ii) Have trained and endorsed at least five applicants for a
practical test for a pilot certificate, flight instructor certificate,
ground instructor certificate, or an additional rating, and at least 80
percent of those applicants passed that test on their first attempt;
and
(A) Given at least 400 hours of flight training as a flight
instructor for training in an airplane, a rotorcraft, or for a powered-
lift rating; or
(B) Given at least 100 hours of flight training as a flight
instructor, for training in a glider rating.
(i) Prohibition against self-endorsements. A flight instructor
shall not make any self-endorsement for a certificate, rating, flight
review, authorization, operating privilege, practical test, or
knowledge test that is required by this part.
(j) A flight instructor may not give training 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 of this part, as applicable.
Sec. 61.197 Renewal of flight instructor certificates.
(a) A person who holds a flight instructor certificate that has not
expired may renew that certificate for an additional 24 calendar months
if the holder:
(1) Passes a practical test for--
(i) Renewal of the flight instructor certificate; or
(ii) An additional flight instructor rating; or
(2) Presents to an authorized FAA Flight Standards Inspector--
(i) A record of training students that shows during the preceding
24 calendar months the flight instructor has endorsed at least five
students for a practical test for a certificate or rating, and at least
80 percent of those students passed that test on the first attempt;
(ii) A record that shows that within the preceding 24 calendar
months, the flight instructor has served as a company check pilot,
chief flight instructor, company check airman, or flight instructor in
a part 121 or part 135 operation, or in a position involving the
regular evaluation of pilots, in which that authorized FAA Flight
Standards Inspector is acquainted with the duties and responsibilities
of the position, and has satisfactory knowledge of its current pilot
training, certification, and standards; or
(iii) A graduation certificate showing the person has successfully
completed an approved flight instructor refresher course consisting of
ground training or flight training, or both, within the 90 days
preceding the expiration month of his or her flight instructor
certificate.
(b) If a person accomplishes the renewal requirements of paragraph
(a)(1) or (a)(2) of this section within the 90 days preceding the
expiration month of his or her flight instructor certificate:
(1) That person is considered to have accomplished the renewal
requirement of this section in the month due; and
(2) The current flight instructor certificate will be renewed for
an additional 24 calendar months from its expiration date.
(c) The practical test required by paragraph (a)(1) of this section
may be accomplished in an approved flight simulator or approved 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.
Sec. 61.199 Expired flight instructor certificates and ratings.
(a) Flight instructor certificates. The holder of an expired flight
instructor certificate may exchange that certificate for a new
certificate by passing a practical test prescribed in Sec. 61.183(h) of
this part.
(b) Flight instructor ratings. (1) A flight instructor rating or a
limited flight instructor rating on a pilot certificate is no longer
valid and may not be exchanged for a similar rating or a flight
instructor certificate.
(2) The holder of a flight instructor rating or a limited flight
instructor rating on a pilot certificate may be issued a flight
instructor certificate with the current ratings, but only if the person
passes the required knowledge and practical test prescribed in this
subpart for the issuance of the current flight instructor certificate
and rating.
Sec. 61.201 [Reserved]
Subpart I--Ground Instructors
Sec. 61.211 Applicability.
This subpart prescribes the requirements for the issuance of ground
instructor certificates and ratings, the conditions under which those
certificates and ratings are necessary, and the limitations upon those
certificates and ratings.
Sec. 61.213 Eligibility requirements.
(a) To be eligible for a ground instructor certificate or rating a
person must:
(1) Be at least 18 years of age;
(2) Be able to read, write, speak, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, then the Administrator may place such operating
limitations on that applicant's ground instructor certificate as are
necessary;
[[Page 16347]]
(3) Except as provided in paragraph (b) of this section, pass a
knowledge test on the fundamentals of instructing to include--
(i) The learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(4) Pass a knowledge test on the aeronautical knowledge areas in--
(i) For a basic ground instructor rating, Secs. 61.97 and 61.105;
(ii) For an advanced ground instructor rating, Secs. 61.97, 61.105,
61.125, and 61.155; and
(iii) For an instrument ground instructor rating, Sec. 61.65.
(b) The knowledge test specified in paragraph (a)(3) of this
section is not required if the applicant:
(1) Holds a ground instructor certificate or flight instructor
certificate issued under this part;
(2) Holds a current teacher's certificate issued by a State,
county, city, or municipality that authorizes the person to teach at an
educational level of the 7th grade or higher; or
(3) Is employed as a teacher at an accredited college or
university.
Sec. 61.215 Ground instructor privileges.
(a) A person who holds a basic ground instructor rating is
authorized to provide:
(1) Ground training in the aeronautical knowledge areas required
for the issuance of a recreational pilot certificate, private pilot
certificate, or associated ratings under this part;
(2) Ground training required for a recreational pilot and private
pilot flight review; and
(3) A recommendation for a knowledge test required for the issuance
of a recreational pilot certificate or private pilot certificate under
this part.
(b) A person who holds an advanced ground instructor rating is
authorized to provide:
(1) Ground training in the aeronautical knowledge areas required
for the issuance of any certificate or rating under this part;
(2) Ground training required for any flight review; and
(3) A recommendation for a knowledge test required for the issuance
of any certificate under this part.
(c) A person who holds an instrument ground instructor rating is
authorized to provide:
(1) Ground training in the aeronautical knowledge areas required
for the issuance of an instrument rating under this part;
(2) Ground training required for an instrument proficiency check;
and
(3) A recommendation for a knowledge test required for the issuance
of an instrument rating under this part.
(d) A person who holds a ground instructor certificate is
authorized, within the limitations of the ratings on the ground
instructor certificate, to endorse the logbook or other training record
of a person to whom the holder has provided the training or
recommendation specified in paragraphs (a) through (c) of this section.
Sec. 61.217 Currency requirements.
The holder of a ground instructor certificate may not perform the
duties of a ground instructor unless, within the preceding 12 months:
(a) The person has served for at least 3 months as a ground
instructor; or
(b) The Administrator has determined that the person meets the
standards prescribed in this part for the certificate and rating.
4. Part 141 is revised to read as follows:
PART 141--PILOT SCHOOLS
Subpart A--General
Sec.
141.1 Applicability.
141.3 Certificate required.
141.5 Requirements for a pilot school certificate.
141.7 Provisional pilot school certificate.
141.9 Examining authority.
141.11 Pilot school ratings.
141.13 Application for issuance, amendment, or renewal.
141.15 Location of facilities.
141.17 Duration of certificate and examining authority.
141.18 Carriage of narcotic drugs, marijuana, and depressant or
stimulant drugs or substances.
141.19 Display of certificate.
141.21 Inspections.
141.23 Advertising limitations.
141.25 Business office and operations base.
141.26 Training agreements.
141.27 Renewal of certificates and ratings.
141.29 [Reserved]
Subpart B--Personnel, Aircraft, and Facilities Requirements
141.31 Applicability.
141.33 Personnel.
141.35 Chief instructor qualifications.
141.36 Assistant chief instructor qualifications.
141.37 Check instructor qualifications.
141.38 Airports.
141.39 Aircraft.
141.41 Flight simulators, flight training devices, and training
aids.
141.43 Pilot briefing areas.
141.45 Ground training facilities.
Subpart C--Training Course Outline and Curriculum
141.51 Applicability.
141.53 Approval procedures for a training course: General.
141.55 Training course: Contents.
141.57 Special curricula.
Subpart D--Examining Authority
141.61 Applicability.
141.63 Examining authority qualification requirements.
141.65 Privileges.
141.67 Limitations and reports.
Subpart E--Operating Rules
141.71 Applicability.
141.73 Privileges.
141.75 Aircraft requirements.
141.77 Limitations.
141.79 Flight training.
141.81 Ground training.
141.83 Quality of training.
141.85 Chief instructor responsibilities.
141.87 Change of chief instructor.
141.89 Maintenance of personnel, facilities, and equipment.
141.91 Satellite bases.
141.93 Enrollment.
141.95 Graduation certificate.
Subpart F--Records
141.101 Training records.
Appendix A to Part 141--Recreational Pilot Certification Course
Appendix B to Part 141--Private Pilot Certification Course
Appendix C to Part 141--Instrument Rating Course
Appendix D to Part 141--Commercial Pilot Certification Course
Appendix E to Part 141--Airline Transport Pilot Certification Course
Appendix F to Part 141--Flight Instructor Certification Course
Appendix G to Part 141--Flight Instructor Instrument (For an Airplane,
Helicopter, or Powered-Lift Instrument Instructor Rating) Certification
Course
Appendix H to Part 141--Ground Instructor Certification Course
Appendix I to Part 141--Additional Aircraft Category or Class Rating
Course
Appendix J to Part 141--Aircraft Type Rating Course, For Other Than an
Airline Transport Pilot Certificate
Appendix K to Part 141--Special Preparation Courses
Appendix L to Part 141--Pilot Ground School Course
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709,
44711, 45102-45103, 45301-45302.
[[Page 16348]]
Subpart A--General
Sec. 141.1 Applicability.
This part prescribes the requirements for issuing pilot school
certificates, provisional pilot school certificates, and associated
ratings, and the general operating rules applicable to a holder of a
certificate or rating issued under this part.
Sec. 141.3 Certificate required.
No person may operate as a certificated pilot school without, or in
violation of, a pilot school certificate or provisional pilot school
certificate issued under this part.
Sec. 141.5 Requirements for a pilot school certificate.
An applicant may be issued a pilot school certificate with
associated ratings if the applicant:
(a) Completes the application for a pilot school certificate on a
form and in a manner prescribed by the Administrator;
(b) Holds a provisional pilot school certificate, issued under this
part, for at least 24 calendar months preceding the month in which the
application for a pilot school certificate is made;
(c) Meets the applicable requirements of subparts A through C of
this part for the school ratings sought; and
(d) Has trained and recommended for pilot certification and rating
tests, within 24 calendar months preceding the month the application is
made for the pilot school certificate, at least 10 students for a
knowledge or practical test for a pilot certificate, flight instructor
certificate, ground instructor certificate, an additional rating, an
end-of-course test for a training course specified in appendix K of
this part, or any combination of those tests, and at least 80 percent
of all tests administered were passed on the first attempt.
Sec. 141.7 Provisional pilot school certificate.
An applicant that meets the applicable requirements of subparts A,
B, and C of this part, but does not meet the recent training activity
requirements of Sec. 141.5(d) of this part, may be issued a provisional
pilot school certificate with ratings.
Sec. 141.9 Examining authority.
An applicant is issued examining authority for its pilot school
certificate if the applicant meets the requirements of subpart D of
this part.
Sec. 141.11 Pilot school ratings.
(a) The ratings listed in paragraph (b) of this section may be
issued to an applicant for:
(1) A pilot school certificate, provided the applicant meets the
requirements of Sec. 141.5 of this part; or
(2) A provisional pilot school certificate, provided the applicant
meets the requirements of Sec. 141.7 of this part.
(b) An applicant may be authorized to conduct the following
courses:
(1) Certification and rating courses. (Appendixes A through J).
(i) Recreational pilot course.
(ii) Private pilot course.
(iii) Commercial pilot course.
(iv) Instrument rating course.
(v) Airline transport pilot course.
(vi) Flight instructor course.
(vii) Flight instructor instrument course.
(viii) Ground instructor course.
(ix) Additional aircraft category or class rating course.
(x) Aircraft type rating course.
(2) Special preparation courses. (Appendix K).
(i) Pilot refresher course.
(ii) Flight instructor refresher course.
(iii) Ground instructor refresher course.
(iv) Agricultural aircraft operations course.
(v) Rotorcraft external-load operations course.
(vi) Special operations course.
(vii) Test pilot course.
(3) Pilot ground school course. (Appendix L).
Sec. 141.13 Application for issuance, amendment, or renewal.
(a) Application for an original certificate and rating, an
additional rating, or the renewal of a certificate under this part must
be made on a form and in a manner prescribed by the Administrator.
(b) Application for the issuance or amendment of a certificate or
rating must be accompanied by two copies of each proposed training
course curriculum for which approval is sought.
Sec. 141.15 Location of facilities.
The holder of a pilot school certificate or a provisional pilot
school certificate may have a base or other facilities located outside
the United States, provided the Administrator determines the location
of the base and facilities at that place are needed for the training of
students who are citizens of the United States.
Sec. 141.17 Duration of certificate and examining authority.
(a) Unless surrendered, suspended, or revoked, a pilot school's
certificate or a provisional pilot school's certificate expires:
(1) On the last day of the 24th calendar month from the month the
certificate was issued;
(2) Except as provided in paragraph (b) of this section, on the
date that any change in ownership of the school occurs;
(3) On the date of any change in the facilities upon which the
school's certificate is based occurs; or
(4) Upon notice by the Administrator that the school has failed for
more than 60 days to maintain the facilities, aircraft, or personnel
required for any one of the school's approved training courses.
(b) A change in the ownership of a pilot school or provisional
pilot school does not terminate that school's certificate if, within 30
days after the date that any change in ownership of the school occurs:
(1) Application is made for an appropriate amendment to the
certificate; and
(2) No change in the facilities, personnel, or approved training
courses is involved.
(c) An examining authority issued to the holder of a pilot school
certificate expires on the date that the pilot school certificate
expires, or is surrendered, suspended, or revoked.
Sec. 141.18 Carriage of narcotic drugs, marijuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of Sec. 91.19(a)
of this chapter, that operation is a basis for suspending or revoking
the certificate.
Sec. 141.19 Display of certificate.
(a) Each holder of a pilot school certificate or a provisional
pilot school certificate must display that certificate in a place in
the school that is normally accessible to the public and is not
obscured.
(b) A certificate must be made available for inspection upon
request by:
(1) The Administrator;
(2) An authorized representative of the National Transportation
Safety Board; or
(3) A Federal, State, or local law enforcement officer.
Sec. 141.21 Inspections.
Each holder of a certificate issued under this part must allow the
Administrator to inspect its personnel, facilities, equipment, and
records to determine the certificate holder's:
[[Page 16349]]
(a) Eligibility to hold its certificate;
(b) Compliance with 49 U.S.C. 40101 et seq., formerly the Federal
Aviation Act of 1958, as amended; and
(c) Compliance with the Federal Aviation Regulations.
Sec. 141.23 Advertising limitations.
(a) The holder of a pilot school certificate or a provisional pilot
school certificate may not make any statement relating to its
certification and ratings that is false or designed to mislead any
person contemplating enrollment in that school.
(b) The holder of a pilot school certificate or a provisional pilot
school certificate may not advertise that the school is certificated
unless it clearly differentiates between courses that have been
approved under part 141 of this chapter and those that have not been
approved under part 141 of this chapter.
(c) The holder of a pilot school certificate or a provisional pilot
school certificate must promptly remove:
(1) From vacated premises, all signs indicating that the school was
certificated by the Administrator; or
(2) All indications (including signs), wherever located, that the
school is certificated by the Administrator when its certificate has
expired or has been surrendered, suspended, or revoked.
Sec. 141.25 Business office and operations base.
(a) Each holder of a pilot school or a provisional pilot school
certificate must maintain a principal business office with a mailing
address in the name shown on its certificate.
(b) The facilities and equipment at the principal business office
must be adequate to maintain the files and records required to operate
the business of the school.
(c) The principal business office may not be shared with, or used
by, another pilot school.
(d) Before changing the location of the principal business office
or the operations base, each certificate holder must notify the FAA
Flight Standards District Office having jurisdiction over the area of
the new location, and the notice must be:
(1) Submitted in writing at least 30 days before the change of
location; and
(2) Accompanied by any amendments needed for the certificate
holder's approved training course outline.
(e) A certificate holder may conduct training at an operations base
other than the one specified in its certificate, if:
(1) The Administrator has inspected and approved the base for use
by the certificate holder; and
(2) The course of training and any needed amendments have been
approved for use at that base.
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; and
(d) Upon completion of the training, testing, and checking
conducted under part 142, 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.
Sec. 141.27 Renewal of certificates and ratings.
(a) Pilot school. (1) A pilot school may apply for renewal of its
school certificate and ratings within 30 days preceding the month the
pilot school's certificate expires, provided the school meets the
requirements prescribed in paragraph (a)(2) of this section for renewal
of its certificate and ratings.
(2) A pilot school may have its school certificate and ratings
renewed for an additional 24 calendar months if the Administrator
determines the school's personnel, aircraft, facility and airport,
approved training courses, training records, and recent training
ability and quality meet the requirements of this part.
(3) A pilot school that does not meet the renewal requirements in
paragraph (a)(2) of this section, may apply for a provisional pilot
school certificate if the school meets the requirements of Sec. 141.7
of this part.
(b) Provisional pilot school. (1) Except as provided in paragraph
(b)(3) of this section, a provisional pilot school may not have its
provisional pilot school certificate or the ratings on that certificate
renewed.
(2) A provisional pilot school may apply for a pilot school
certificate and associated ratings provided that school meets the
requirements of Sec. 141.5 of this part.
(3) A former provisional pilot school may apply for another
provisional pilot school certificate, provided 180 days have elapsed
since its last provisional pilot school certificate expired.
Sec. 141.29 [Reserved]
Subpart B--Personnel, Aircraft, and Facilities Requirements
Sec. 141.31 Applicability.
(a) This subpart prescribes:
(1) The personnel and aircraft requirements for a pilot school
certificate or a provisional pilot school certificate; and
(2) The facilities that a pilot school or provisional pilot school
must have available on a continuous basis.
(b) As used in this subpart, to have continuous use of a facility,
including an airport, the school must have:
(1) Ownership of the facility or airport for at least 6 calendar
months at the time of application for initial certification and on the
date of renewal of the school's certificate; or
(2) A written lease agreement for the facility or airport for at
least 6 calendar months at the time of application for initial
certification and on the date of renewal of the school's certificate.
Sec. 141.33 Personnel.
(a) An applicant for a pilot school certificate or for a
provisional pilot school certificate must meet the following personnel
requirements:
(1) Each applicant must have adequate personnel, including
certificated flight instructors, certificated ground instructors, or
holders of a commercial pilot certificate with a lighter-than-air
rating, and a chief instructor for each approved course of training who
is qualified and competent to perform the duties to which that
instructor is assigned.
(2) If the school employs dispatchers, aircraft handlers, and line
and service personnel, then it shall instruct those persons in the
procedures and responsibilities of their employment.
(3) Each instructor to be used for ground or flight training must
hold a flight instructor certificate, ground instructor certificate, or
commercial pilot certificate with a lighter-than-air rating, as
appropriate, with ratings for the approved course of training and any
aircraft used in that course.
(b) An applicant for a pilot school certificate or for a
provisional pilot school certificate shall designate a chief instructor
for each of the school's approved training courses, who must meet the
requirements of Sec. 141.35 of this part.
[[Page 16350]]
(c) When necessary, an applicant for a pilot school certificate or
for a provisional pilot school certificate may designate a person to be
an assistant chief instructor for an approved training course, provided
that person meets the requirements of Sec. 141.36 of this part.
(d) A pilot school and a provisional pilot school may designate a
person to be a check instructor for conducting student stage checks,
end-of-course tests, and instructor proficiency checks, provided:
(1) That person meets the requirements of Sec. 141.37 of this part;
and
(2) That school has a student enrollment of at least 50 students at
the time designation is sought.
(e) A person, as listed in this section, may serve in more than one
position for a school, provided that person is qualified for each
position.
Sec. 141.35 Chief instructor qualifications.
(a) To be eligible for designation as a chief instructor for a
course of training, a person must meet the following requirements:
(1) Hold a commercial pilot certificate or an airline transport
pilot certificate, and, except for a chief instructor for a course of
training solely for a lighter-than-air rating, a current flight
instructor certificate. The certificates must contain the appropriate
aircraft category, class, and instrument ratings for the category and
class of aircraft used in the course;
(2) Meet the pilot in command recent flight experience requirements
of Sec. 61.57 of this chapter;
(3) Pass a knowledge test on--
(i) Teaching methods;
(ii) Applicable provisions of the ``Aeronautical Information
Manual'';
(iii) Applicable provisions of parts 61, 91, and 141 of this
chapter; and
(iv) The objectives and approved course completion standards of the
course for which the person seeks to obtain designation.
(4) Pass a proficiency test on instructional skills and ability to
train students on the flight procedures and maneuvers appropriate to
the course;
(5) Except for a course of training for gliders, balloons, or
airships, the chief instructor must meet the applicable requirements in
paragraphs (b), (c), and (d) of this section;
(6) A chief instructor for a course of training for gliders or
balloons is only required to have 40 percent of the hours required in
paragraphs (b) and (d) of this section; and
(7) A chief instructor for a course of training for airships is
only required to have 40 percent of the hours required in paragraphs
(b), (c), and (d) of this section.
(b) For a course of training leading to the issuance of a private
pilot certificate or rating, a chief instructor must have:
(1) At least 1,000 hours as pilot in command; and
(2) Primary flight training experience, acquired as either a
certificated flight instructor or an instructor in a military pilot
flight training program, or a combination thereof, consisting of at
least--
(i) 2 years and a total of 500 flight hours; or
(ii) 1,000 flight hours.
(c) For a course of training leading to the issuance of an
instrument rating or a rating with instrument privileges, a chief
instructor must have:
(1) At least 100 hours of flight time under actual or simulated
instrument conditions;
(2) At least 1,000 hours as pilot in command; and
(3) Instrument flight instructor experience, acquired as either a
certificated flight instructor-instrument or an instructor in a
military pilot flight training program, or a combination thereof,
consisting of at least--
(i) 2 years and a total of 250 flight hours; or
(ii) 400 flight hours.
(d) For a course of training other than those leading to the
issuance of a private pilot certificate or rating, or an instrument
rating or a rating with instrument privileges, a chief instructor must
have:
(1) At least 2,000 hours as pilot in command; and
(2) Flight training experience, acquired as either a certificated
flight instructor or an instructor in a military pilot flight training
program, or a combination thereof, consisting of at least--
(i) 3 years and a total of 1,000 flight hours; or
(ii) 1,500 flight hours.
(e) To be eligible for designation as chief instructor for a ground
school course, a person must have 1 year of experience as a ground
school instructor at a certificated pilot school.
Sec. 141.36 Assistant chief instructor qualifications.
(a) To be eligible for designation as an assistant chief instructor
for a course of training, a person must meet the following
requirements:
(1) Hold a commercial pilot or an airline transport pilot
certificate and, except for the assistant chief instructor for a course
of training for a lighter-than-air rating, a current flight instructor
certificate. The certificates must contain the appropriate aircraft
category, class, and instrument ratings for the category and class of
aircraft used in the course;
(2) Meet the pilot in command recent flight experience requirements
of Sec. 61.57 of this chapter;
(3) Pass a knowledge test on--
(i) Teaching methods;
(ii) Applicable provisions of the ``Aeronautical Information
Manual'';
(iii) Applicable provisions of parts 61, 91, and 141 of this
chapter; and
(iv) The objectives and approved course completion standards of the
course for which the person seeks to obtain designation.
(4) Pass a proficiency test on the flight procedures and maneuvers
appropriate to that course; and
(5) Meet the applicable requirements in paragraphs (b), (c), and
(d) of this section. However, an assistant chief instructor for a
course of training for gliders, balloons, or airships is only required
to have 40 percent of the hours required in paragraphs (b) and (c) of
this section.
(b) For a course of training leading to the issuance of a private
pilot certificate or rating, an assistant chief instructor must have:
(1) At least 500 hours as pilot in command; and
(2) Flight training experience, acquired as either a certificated
flight instructor or an instructor in a military pilot flight training
program, or a combination thereof, consisting of at least--
(i) 1 year and a total of 250 flight hours; or
(ii) 500 flight hours.
(c) For a course of training leading to the issuance of an
instrument rating or a rating with instrument privileges, an assistant
chief flight instructor must have:
(1) At least 50 hours of flight time under actual or simulated
instrument conditions;
(2) At least 500 hours as pilot in command; and
(3) Instrument flight instructor experience, acquired as either a
certificated flight instructor-instrument or an instructor in a
military pilot flight training program, or a combination thereof,
consisting of at least--
(i) 1 year and a total of 125 flight hours; or
(ii) 200 flight hours.
(d) For a course of training other than one leading to the issuance
of a private pilot certificate or rating, or an instrument rating or a
rating with instrument privileges, an assistant chief instructor must
have:
(1) At least 1,000 hours as pilot in command; and
[[Page 16351]]
(2) Flight training experience, acquired as either a certificated
flight instructor or an instructor in a military pilot flight training
program, or a combination thereof, consisting of at least--
(i) 1\1/2\ years and a total of 500 flight hours; or
(ii) 750 flight hours.
(e) To be eligible for designation as an assistant chief instructor
for a ground school course, a person must have 6 months of experience
as a ground school instructor at a certificated pilot school.
Sec. 141.37 Check instructor qualifications.
(a) To be designated as a check instructor for conducting student
stage checks, end-of-course tests, and instructor proficiency checks
under this part, a person must meet the eligibility requirements of
this section:
(1) For checks and tests that relate to either flight or ground
training, the person must pass a test, given by the chief instructor,
on--
(i) Teaching methods;
(ii) Applicable provisions of the ``Aeronautical Information
Manual'';
(iii) Applicable provisions of parts 61, 91, and 141 of this
chapter; and
(iv) The objectives and course completion standards of the approved
training course for the designation sought.
(2) For checks and tests that relate to a flight training course,
the person must--
(i) Meet the requirements in paragraph (a)(1) of this section;
(ii) Hold a commercial pilot certificate or an airline transport
pilot certificate and, except for a check instructor for a course of
training for a lighter-than-air rating, a current flight instructor
certificate. The certificates must contain the appropriate aircraft
category, class, and instrument ratings for the category and class of
aircraft used in the course;
(iii) Meet the pilot in command recent flight experience
requirements of Sec. 61.57 of this chapter; and
(iv) Pass a proficiency test, given by the chief instructor or
assistant chief instructor, on the flight procedures and maneuvers of
the approved training course for the designation sought.
(3) For checks and tests that relate to ground training, the person
must--
(i) Meet the requirements in paragraph (a)(1) of this section;
(ii) Except for a course of training for a lighter-than-air rating,
hold a current flight instructor certificate or ground instructor
certificate with ratings appropriate to the category and class of
aircraft used in the course; and
(iii) For a course of training for a lighter-than-air rating, hold
a commercial pilot certificate with a lighter-than-air category rating
and the appropriate class rating.
(b) A person who meets the eligibility requirements in paragraph
(a) of this section must:
(1) Be designated, in writing, by the chief instructor to conduct
student stage checks, end-of-course tests, and instructor proficiency
checks; and
(2) Be approved by the FAA Flight Standards District Office having
jurisdiction over the school.
(c) A check instructor may not conduct a stage check or an end-of-
course test of any student for whom the check instructor has:
(1) Served as the principal instructor; or
(2) Recommended for a stage check or end-of-course test.
Sec. 141.38 Airports.
(a) An applicant for a pilot school certificate or a provisional
pilot school certificate must show that he or she has continuous use of
each airport at which training flights originate.
(b) Each airport used for airplanes and gliders must have at least
one runway or takeoff area that allows training aircraft to make a
normal takeoff or landing under the following conditions at the
aircraft's maximum certificated takeoff gross weight:
(1) Under wind conditions of not more than 5 miles per hour;
(2) At temperatures equal to the mean high temperature for the
hottest month of the year in the operating area;
(3) If applicable, with the powerplant operation, and landing gear
and flap operation recommended by the manufacturer; and
(4) In the case of a takeoff--
(i) With smooth transition from liftoff to the best rate of climb
speed without exceptional piloting skills or techniques; and
(ii) Clearing all obstacles in the takeoff flight path by at least
50 feet.
(c) Each airport must have a wind direction indicator that is
visible from the end of each runway at ground level;
(d) Each airport must have a traffic direction indicator when:
(1) The airport does not have an operating control tower; and
(2) UNICOM advisories are not available.
(e) Except as provided in paragraph (f) of this section, each
airport used for night training flights must have permanent runway
lights; and
(f) An airport or seaplane base used for night training flights in
seaplanes is permitted to use adequate nonpermanent lighting or
shoreline lighting, if approved by the Administrator.
Sec. 141.39 Aircraft.
An applicant for a pilot school certificate or provisional pilot
school certificate, and each pilot school or provisional pilot school,
must show that each aircraft used by that school for flight training
and solo flights meets the following requirements:
(a) Each aircraft must be registered as a civil aircraft in the
United States;
(b) Each aircraft must be certificated with a standard
airworthiness certificate or a primary airworthiness certificate,
unless the Administrator determines that due to the nature of the
approved course, an aircraft not having a standard airworthiness
certificate or primary airworthiness certificate may be used;
(c) Each aircraft must be maintained and inspected in accordance
with the requirements under subpart E of part 91 of this chapter that
apply to aircraft operated for hire;
(d) Each aircraft used in flight training must have at least two
pilot stations with engine-power controls that can be easily reached
and operated in a normal manner from both pilot stations; and
(e) Each aircraft used in a course involving IFR en route
operations and instrument approaches must be equipped and maintained
for IFR operations. For training in the control and precision
maneuvering of an aircraft by reference to instruments, the aircraft
may be equipped as provided in the approved course of training.
Sec. 141.41 Flight simulators, flight training devices, and training
aids.
An applicant for a pilot school certificate or a provisional pilot
school certificate must show that its flight simulators, flight
training devices, training aids, and equipment meet the following
requirements:
(a) Flight simulators. Each flight simulator used to obtain flight
training credit allowed for flight simulators in an approved pilot
training course curriculum must--
(1) Be a full-size aircraft cockpit replica of a specific type of
aircraft, or make, model, and series of aircraft;
(2) Include the hardware and software necessary to represent the
aircraft in ground operations and flight operations;
(3) Use a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(4) Use a visual system that provides at least a 45 degree
horizontal field of view and a 30 degree vertical field of view
simultaneously for each pilot; and
(5) Have been evaluated, qualified, and approved by the
Administrator.
(b) Flight training devices. Each flight training device used to
obtain flight
[[Page 16352]]
training credit allowed for flight training devices in an approved
pilot training course curriculum must--
(1) Be a full-size replica of instruments, equipment panels, and
controls of an aircraft, or set of aircraft, in an open flight deck
area or in an enclosed cockpit, including the hardware and software for
the systems installed that is necessary to simulate the aircraft in
ground and flight operations;
(2) Need not have a force (motion) cueing or visual system; and
(3) Have been evaluated, qualified, and approved by the
Administrator.
(c) Training aids and equipment. Each training aid, including any
audiovisual aid, projector, tape recorder, mockup, chart, or aircraft
component listed in the approved training course outline, must be
accurate and appropriate to the course for which it is used.
Sec. 141.43 Pilot briefing areas.
(a) An applicant for a pilot school certificate or provisional
pilot school certificate must show that the applicant has continuous
use of a briefing area located at each airport at which training
flights originate that is:
(1) Adequate to shelter students waiting to engage in their
training flights;
(2) Arranged and equipped for the conduct of pilot briefings; and
(3) Except as provided in paragraph (c) of this section, for a
school with an instrument rating or commercial pilot course, equipped
with private landline or telephone communication to the nearest FAA
Flight Service Station.
(b) A briefing area required by paragraph (a) of this section may
not be used by the applicant if it is available for use by any other
pilot school during the period it is required for use by the applicant.
(c) The communication equipment required by paragraph (a)(3) of
this section is not required if the briefing area and the flight
service station are located on the same airport, and are readily
accessible to each other.
Sec. 141.45 Ground training facilities.
An applicant for a pilot school or provisional pilot school
certificate must show that:
(a) 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
(b) The training facility is so located that the students in that
facility are not distracted by the training conducted in other rooms,
or by flight and maintenance operations on the airport.
Subpart C--Training Course Outline and Curriculum
Sec. 141.51 Applicability.
This subpart prescribes the curriculum and course outline
requirements for the issuance of a pilot school certificate or
provisional pilot school certificate and ratings.
Sec. 141.53 Approval procedures for a training course: General.
(a) General. An applicant for a pilot school certificate or
provisional pilot school certificate must obtain the Administrator's
approval of the outline of each training course for which certification
and rating is sought.
(b) Application. (1) An application for the approval of an initial
or amended training course must be submitted in duplicate to the FAA
Flight Standards District Office having jurisdiction over the area
where the school is based.
(2) An application for the approval of an initial or amended
training course must be submitted at least 30 days before any training
under that course, or any amendment thereto, is scheduled to begin.
(3) An application for amending a training course must be
accompanied by two copies of the amendment.
(c) Training courses. (1) A training course submitted for approval
prior to August 4, 1997 shall, if approved, retain that approval until
1 year after August 4, 1997.
(2) An applicant for a pilot school certificate or provisional
pilot school certificate may request approval of the training courses
specified in Sec. 141.11(b) of this part.
Sec. 141.55 Training course: Contents.
(a) Each training course for which approval is requested must meet
the minimum curriculum requirements in accordance with the appropriate
appendix of this part.
(b) Except as provided in paragraphs (d) and (e) of this section,
each training course for which approval is requested must meet the
minimum ground and flight training time requirements in accordance with
the appropriate appendix of this part.
(c) Each training course for which approval is requested must
contain:
(1) A description of each room used for ground training, including
the room's size and the maximum number of students that may be trained
in the room at one time;
(2) A description of each type of audiovisual aid, projector, tape
recorder, mockup, chart, aircraft component, and other special training
aids used for ground training;
(3) A description of each flight simulator or flight training
device used for training;
(4) A listing of the airports at which training flights originate
and a description of the facilities, including pilot briefing areas
that are available for use by the school's students and personnel at
each of those airports;
(5) A description of the type of aircraft including any special
equipment used for each phase of training;
(6) The minimum qualifications and ratings for each instructor
assigned to ground or flight training; and
(7) A training syllabus that includes the following information--
(i) The prerequisites for enrolling in the ground and flight
portion of the course that include the pilot certificate and rating (if
required by this part), training, pilot experience, and pilot
knowledge;
(ii) A detailed description of each lesson, including the lesson's
objectives, standards, and planned time for completion;
(iii) A description of what the course is expected to accomplish
with regard to student learning;
(iv) The expected accomplishments and the standards for each stage
of training; and
(v) A description of the checks and tests to be used to measure a
student's accomplishments for each stage of training.
(d) A pilot school may request and receive initial approval for a
period of not more than 24 calendar months for any of the training
courses of this part without specifying the minimum ground and flight
training time requirements of this part, provided the following
provisions are met:
(1) The school holds a pilot school certificate issued under this
part and has held that certificate for a period of at least 24
consecutive calendar months preceding the month of the request;
(2) In addition to the information required by paragraph (c) of
this section, the training course specifies planned ground and flight
training time requirements for the course;
(3) The school does not request the training course to be approved
for examining authority, nor may that school hold examining authority
for that course; and
(4) The practical test or knowledge test for the course is to be
given by--
(i) An FAA inspector; or
(ii) An examiner who is not an employee of the school.
(e) A certificated pilot school may request and receive final
approval for any of the training courses of this part without
specifying the minimum
[[Page 16353]]
ground and flight training time requirements of this part, provided the
following conditions are met:
(1) The school has held initial approval for that training course
for at least 24 calendar months.
(2) The school has--
(i) Trained at least 10 students in that training course within the
preceding 24 calendar months and recommended those students for a
pilot, flight instructor, or ground instructor certificate or rating;
and
(ii) At least 80 percent of those students passed the practical or
knowledge test, or any combination thereof, on the first attempt, and
that test was given by--
(A) An FAA inspector; or
(B) An examiner who is not an employee of the school.
(3) In addition to the information required by paragraph (c) of
this section, the training course specifies planned ground and flight
training time requirements for the course.
(4) The school does not request that the training course be
approved for examining authority nor may that school hold examining
authority for that course.
Sec. 141.57 Special curricula.
An applicant for a pilot school certificate or provisional pilot
school certificate may apply for approval to conduct a special course
of airman training for which a curriculum is not prescribed in the
appendixes of this part, if the applicant shows that the training
course contains features that could achieve a level of pilot
proficiency equivalent to that achieved by a training course prescribed
in the appendixes of this part or the requirements of part 61 of this
chapter.
Subpart D--Examining Authority
Sec. 141.61 Applicability.
This subpart prescribes the requirements for the issuance of
examining authority to the holder of a pilot school certificate, and
the privileges and limitations of that examining authority.
Sec. 141.63 Examining authority qualification requirements.
(a) A pilot school must meet the following prerequisites to receive
initial approval for examining authority:
(1) The school must complete the application for examining
authority on a form and in a manner prescribed by the Administrator;
(2) The school must hold a pilot school certificate and rating
issued under this part;
(3) The school must have held the rating in which examining
authority is sought for at least 24 consecutive calendar months
preceding the month of application for examining authority;
(4) The training course for which examining authority is requested
may not be a course that is approved without meeting the minimum ground
and flight training time requirements of this part; and
(5) Within 24 calendar months after the date of application for
examining authority, that school must meet the following requirements--
(i) The school must have trained at least 10 students in the
training course for which examining authority is sought and recommended
those students for a pilot, flight instructor, or ground instructor
certificate or rating; and
(ii) At least 90 percent of those students passed the required
practical or knowledge test, or any combination thereof, for the pilot,
flight instructor, or ground instructor certificate or rating on the
first attempt, and that test was given by--
(A) An FAA inspector; or
(B) An examiner who is not an employee of the school.
(b) A pilot school must meet the following requirements to retain
approval of its examining authority:
(1) The school must complete the application for renewal of its
examining authority on a form and in a manner prescribed by the
Administrator;
(2) The school must hold a pilot school certificate and rating
issued under this part;
(3) The school must have held the rating for which examining
authority is sought for at least 24 calendar months preceding the month
of application for renewal of its examining authority; and
(4) The training course for which examining authority is requested
may not be a course that is approved without meeting the minimum ground
and flight training time requirements of this part.
Sec. 141.65 Privileges.
A pilot school that holds examining authority may recommend a
person who graduated from its course for the appropriate pilot, flight
instructor, or ground instructor certificate or rating without taking
the FAA knowledge test or practical test in accordance with the
provisions of this subpart.
Sec. 141.67 Limitations and reports.
A pilot school that holds examining authority may only recommend
the issuance of a pilot, flight instructor, or ground instructor
certificate and rating to a person who does not take an FAA knowledge
test or practical test, if the recommendation for the issuance of that
certificate or rating is in accordance with the following requirements:
(a) The person graduated from a training course for which the pilot
school holds examining authority.
(b) Except as provided in this paragraph, the person satisfactorily
completed all the curriculum requirements of that pilot school's
approved training course. A person who transfers from one part 141
approved pilot school to another part 141 approved pilot school may
receive credit for that previous training, provided the following
requirements are met:
(1) The maximum credited training time does not exceed one-half of
the receiving school's curriculum requirements;
(2) The person completes a knowledge and proficiency test conducted
by the receiving school for the purpose of determining the amount of
pilot experience and knowledge to be credited;
(3) The receiving school determines (based on the person's
performance on the knowledge and proficiency test required by paragraph
(b)(2) of this section) the amount of credit to be awarded, and records
that credit in the person's training record;
(4) The person who requests credit for previous pilot experience
and knowledge obtained the experience and knowledge from another part
141 approved pilot school and training course; and
(5) The receiving school retains a copy of the person's training
record from the previous school.
(c) Tests given by a pilot school that holds examining authority
must be approved by the Administrator and be at least equal in scope,
depth, and difficulty to the comparable knowledge and practical tests
prescribed by the Administrator under part 61 of this chapter.
(d) A pilot school that holds examining authority may not use its
knowledge or practical tests if the school:
(1) Knows, or has reason to believe, the test has been compromised;
or
(2) Is notified by a FAA Flight Standards District Office that
there is reason to believe or it is known that the test has been
compromised.
(e) A pilot school that holds examining authority must maintain a
record of all temporary airman certificates it issues, which consist of
the following information:
(1) A chronological listing that includes--
[[Page 16354]]
(i) The date the temporary airman certificate was issued;
(ii) The student to whom the temporary airman certificate was
issued, and that student's permanent mailing address and telephone
number;
(iii) The training course from which the student graduated;
(iv) The name of person who conducted the knowledge or practical
test;
(v) The type of temporary airman certificate or rating issued to
the student; and
(vi) The date the student's airman application file was sent to the
FAA for processing for a permanent airman certificate.
(2) A copy of the record containing each student's graduation
certificate, airman application, temporary airman certificate,
superseded airman certificate (if applicable), and knowledge test or
practical test results; and
(3) The records required by paragraph (e) of this section must be
retained for 1 year and made available to the Administrator upon
request. These records must be surrendered to the Administrator when
the pilot school ceases to have examining authority.
(f) Except for pilot schools that have an airman certification
representative, when a student passes the knowledge test or practical
test, the pilot school that holds examining authority must submit that
student's airman application file and training record to the FAA for
processing for the issuance of a permanent airman certificate.
Subpart E--Operating Rules
Sec. 141.71 Applicability.
This subpart prescribes the operating rules applicable to a pilot
school or provisional pilot school certificated under the provisions of
this part.
Sec. 141.73 Privileges.
(a) The holder of a pilot school certificate or a provisional pilot
school certificate may advertise and conduct approved pilot training
courses in accordance with the certificate and any ratings that it
holds.
(b) A pilot school that holds examining authority for an approved
training course may recommend a graduate of that course for the
issuance of an appropriate pilot, flight instructor, or ground
instructor certificate and rating, without taking an FAA knowledge test
or practical test, provided the training course has been approved and
meets the minimum ground and flight training time requirements of this
part.
Sec. 141.75 Aircraft requirements.
(a) The following items must be carried on each aircraft used for
flight training and solo flights:
(1) A pretakeoff and prelanding checklist; and
(2) The operator's handbook for the aircraft, if one is furnished
by the manufacturer, or copies of the handbook if furnished to each
student using the aircraft.
(b) Each aircraft used in the certification and rating courses
listed in Sec. 141.11 of this part must have a standard airworthiness
certificate or a primary airworthiness certificate; and
(c) Each aircraft used in the agricultural aircraft operations,
external-load operations, test pilot, and special operations courses
listed in Sec. 141.11 of this part may have a restricted airworthiness
certificate, if its use for training is not prohibited by the
aircraft's operating limitations.
Sec. 141.77 Limitations.
(a) The holder of a pilot school certificate or a provisional pilot
school certificate may not issue a graduation certificate to a student,
or recommend a student for a pilot certificate or rating, unless the
student has:
(1) Completed the training specified in the pilot school's course
of training; and
(2) Passed the required final tests.
(b) Except as provided in paragraph (c) of this section, the holder
of a pilot school certificate or a provisional pilot school certificate
may not graduate a student from a course of training unless the student
has completed all of the curriculum requirements of that course;
(c) A student may be given credit towards the curriculum
requirements of a course for previous pilot experience and knowledge,
provided the following conditions are met:
(1) If the credit is based upon a part 141-approved training
course, the credit given that student for the previous pilot experience
and knowledge may be 50 percent of the curriculum requirements and must
be based upon a proficiency test or knowledge test, or both, conducted
by the receiving pilot school;
(2) If the credit is not based upon a part 141-approved training
course, the credit given that student for the previous pilot experience
and knowledge shall not exceed more than 25 percent of the curriculum
requirements and must be based upon a proficiency test or knowledge
test, or both, conducted by the receiving pilot school;
(3) The receiving school determines the amount of course credit to
be transferred under paragraph (c)(1) or paragraph (c)(2) of this
section, based on a proficiency test or knowledge test, or both, of the
student; and
(4) Credit for training specified in paragraph (c)(1) or paragraph
(c)(2) may be given if the previous provider of the training has
certified the kind and amount of training provided, and the result of
each stage check and end-of-course test, if applicable, given to the
student.
Sec. 141.79 Flight training.
(a) No person other than a certificated flight instructor or
commercial pilot with a lighter-than-air rating who has the ratings and
the minimum qualifications specified in the approved training course
outline may give a student flight training under an approved course of
training.
(b) No student pilot may be authorized to start a solo practice
flight from an airport until the flight has been approved by a
certificated flight instructor or commercial pilot with a lighter-than-
air rating who is present at that airport.
(c) Each chief instructor and assistant chief instructor assigned
to a training course must complete, at least once every 12 calendar
months, an approved syllabus of training consisting of ground or flight
training, or both, or an approved flight instructor refresher course.
(d) Each certificated flight instructor or commercial pilot with a
lighter-than-air rating who is assigned to a flight training course
must satisfactorily complete the following tasks, which must be
administered by the school's chief instructor, assistant chief
instructor, or check instructor:
(1) Prior to receiving authorization to train students in a flight
training course, accomplish--
(i) A review of and receive a briefing on the objectives and
standards of that training course; and
(ii) An initial proficiency check in each make and model of
aircraft used in that training course in which that person provides
training; and
(2) Every 12 calendar months after the month in which the person
last complied with paragraph (d)(1)(ii) of this section, accomplish a
recurrent proficiency check in one of the aircraft the person trains
students.
Sec. 141.81 Ground training.
(a) Except as provided in paragraph (b) of this section, each
instructor who is assigned to a ground training course, must hold a
flight or ground instructor certificate, or a commercial pilot
certificate with a lighter-than-air rating
[[Page 16355]]
with the appropriate rating for that course of training.
(b) A person who does not meet the requirements of paragraph (a) of
this section may be assigned ground training duties in a ground
training course, if:
(1) The chief instructor who is assigned to that ground training
course finds the person qualified to give that training; and
(2) The training is given while under the supervision of the chief
instructor or the assistant chief instructor who is present at the
facility when the training is given.
(c) An instructor may not be used in a ground training course until
that instructor has been briefed in regard to the objectives and
standards of that course by the chief instructor, assistant chief
instructor, or check instructor.
Sec. 141.83 Quality of training.
(a) Each pilot school or provisional pilot school must meet the
following requirements:
(1) Comply with its approved training course; and
(2) Provide training of such quality that meets the requirements of
Sec. 141.5(d) of this part.
(b) The failure of a pilot school or provisional pilot school to
maintain the quality of training specified in paragraph (a) of this
section may be the basis for suspending or revoking that school's
certificate.
(c) When requested by the Administrator, a pilot school or
provisional pilot school must allow the FAA to administer any knowledge
test, practical test, stage check, or end-of-course test to its
students.
(d) When a stage check or end-of-course test is administered by the
FAA under the provisions of paragraph (c) of this section, and the
student has not completed the training course, then that test will be
based on the standards prescribed in the school's approved training
course.
(e) If the practical test or knowledge test administered by the FAA
under the provisions of paragraph (c) of this section is given to a
student who has completed the school's training course, that test will
be based upon the areas of operation approved by the Administrator.
Sec. 141.85 Chief instructor responsibilities.
(a) Each person designated as a chief instructor for a pilot school
or provisional pilot school shall be responsible for:
(1) Certifying each student's training record, graduation
certificate, stage check and end-of-course test reports, recommendation
for course completion, and application;
(2) Ensuring that each certificated flight instructor, certificated
ground instructor, or commercial pilot with a lighter-than-air rating
passes an initial proficiency check prior to that instructor being
assigned instructing duties in the school's approved training course
and thereafter that the instructor passes a recurrent proficiency check
every 12 calendar months after the month in which the initial test was
accomplished;
(3) Ensuring that each student accomplishes the required stage
checks and end-of-course tests in accordance with the school's approved
training course; and
(4) Maintaining training techniques, procedures, and standards for
the school that are acceptable to the Administrator.
(b) The chief instructor or an assistant chief instructor must be
available at the pilot school or, if away from the pilot school, be
available by telephone, radio, or other electronic means during the
time that training is given for an approved training course.
(c) The chief instructor may delegate authority for conducting
stage checks, end-of-course tests, and flight instructor proficiency
checks to the assistant chief instructor or a check instructor.
Sec. 141.87 Change of chief instructor.
Whenever a pilot school or provisional pilot school makes a change
of designation of its chief instructor, that school:
(a) Must immediately provide the FAA Flight Standards District
Office that has jurisdiction over the area in which the school is
located with written notification of the change;
(b) May conduct training without a chief instructor for that
training course for a period not to exceed 60 days while awaiting the
designation and approval of another chief instructor;
(c) May, for a period not to exceed 60 days, have the stage checks
and end-of-course tests administered by:
(1) The training course's assistant chief instructor, if one has
been designated;
(2) The training course's check instructor, if one has been
designated;
(3) An FAA inspector; or
(4) An examiner.
(d) Must, after 60 days without a chief instructor, cease
operations and surrender its certificate to the Administrator; and
(e) May have its certificate reinstated, upon:
(1) Designating and approving another chief instructor;
(2) Showing it meets the requirements of Sec. 141.27(a)(2) of this
part; and
(3) Applying for reinstatement on a form and in a manner prescribed
by the Administrator.
Sec. 141.89 Maintenance of personnel, facilities, and equipment.
The holder of a pilot school certificate or provisional pilot
school certificate may not provide training to a student who is
enrolled in an approved course of training unless:
(a) Each airport, aircraft, and facility necessary for that
training meets the standards specified in the holder's approved
training course outline and the appropriate requirements of this part;
and
(b) Except as provided in Sec. 141.87 of this part, each chief
instructor, assistant chief instructor, check instructor, or instructor
meets the qualifications specified in the holder's approved course of
training and the appropriate requirements of this part.
Sec. 141.91 Satellite bases.
The holder of a pilot school certificate or provisional pilot
school certificate may conduct ground training or flight training in an
approved course of training at a base other than its main operations
base if:
(a) An assistant chief instructor is designated for each satellite
base, and that assistant chief instructor is available at the satellite
pilot school or, if away from the premises, by telephone, radio, or
other electronic means during the time that training is provided for an
approved training course;
(b) The airport, facilities, and personnel used at the satellite
base meet the appropriate requirements of subpart B of this part and
its approved training course outline;
(c) The instructors are under the direct supervision of the chief
instructor or assistant chief instructor for the appropriate training
course, who is readily available for consultation in accordance with
Sec. 141.85(b) of this part; and
(d) The FAA Flight Standards District Office having jurisdiction
over the area in which the school is located is notified in writing if
training is conducted at a base other than the school's main operations
base for more than 7 consecutive days.
Sec. 141.93 Enrollment.
(a) The holder of a pilot school certificate or a provisional pilot
school certificate shall, at the time a student is enrolled in an
approved training course, furnish that student with a copy of the
following:
(1) A certificate of enrollment containing--
[[Page 16356]]
(i) The name of the course in which the student is enrolled; and
(ii) The date of that enrollment.
(2) A copy of the student's training syllabus.
(3) A copy of the safety procedures and practices developed by the
school that describe the use of school's facilities and the operation
of its aircraft. Those procedures and practices shall include training
on at least the following information--
(i) The weather minimums required by the school for dual and solo
flights;
(ii) The procedures for starting and taxiing aircraft on the ramp;
(iii) Fire precautions and procedures;
(iv) Redispatch procedures after unprogrammed landings, on and off
airports;
(v) Aircraft discrepancies and write-offs;
(vi) Securing of aircraft when not in use;
(vii) Fuel reserves necessary for local and cross-country flights;
(viii) Avoidance of other aircraft in flight and on the ground;
(ix) Minimum altitude limitations and simulated emergency landing
instructions; and
(x) A description of and instructions regarding the use of assigned
practice areas.
(b) The holder of a pilot school certificate or provisional pilot
school certificate must maintain a monthly listing of persons enrolled
in each training course offered by the school.
Sec. 141.95 Graduation certificate.
(a) The holder of a pilot school certificate or provisional pilot
school certificate shall issue a graduation certificate to each student
who completes its approved course of training.
(b) The graduation certificate must be issued to the student upon
completion of the course of training and contain at least the following
information:
(1) The name of the school and the certificate number of the
school;
(2) The name of the graduate to whom it was issued;
(3) The course of training for which it was issued;
(4) The date of graduation;
(5) A statement that the student has satisfactorily completed each
required stage of the approved course of training including the tests
for those stages;
(6) A certification of the information contained on the graduation
certificate by the chief instructor for that course of training; and
(7) A statement showing the cross-country training that the student
received in the course of training.
Subpart F--Records
Sec. 141.101 Training records.
(a) Each holder of a pilot school certificate or provisional pilot
school certificate must establish and maintain a current and accurate
record of the participation of each student enrolled in an approved
course of training conducted by the school that includes the following
information:
(1) The date the student was enrolled in the approved course;
(2) A chronological log of the student's course attendance,
subjects, and flight operations covered in the student's training, and
the names and grades of any tests taken by the student; and
(3) The date the student graduated, terminated training, or
transferred to another school.
(b) The records required to be maintained in a student's logbook
will not suffice for the record required by paragraph (a) of this
section.
(c) Whenever a student graduates, terminates training, or transfers
to another school, the student's record must be certified to that
effect by the chief instructor.
(d) The holder of a pilot school certificate or a provisional pilot
school certificate must retain each student record required by this
section for at least 1 year from the date that the student:
(1) Graduates from the course to which the record pertains;
(2) Terminates enrollment in the course to which the record
pertains; or
(3) Transfers to another school.
(e) The holder of a pilot school certificate or a provisional pilot
school certificate must make a copy of the student's training record
available to the student upon request.
Appendix A tp Part 141--Recreational Pilot Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum required for a recreational pilot certification course
under this part, for the following ratings:
(a) Airplane single-engine.
(b) Rotorcraft helicopter.
(c) Rotorcraft gyroplane.
2. Eligibility for enrollment. A person must hold a student
pilot certificate prior to enrolling in the flight portion of the
recreational pilot certification course.
3. Aeronautical knowledge training. Each approved course must
include at least 20 hours of ground training on the following
aeronautical knowledge areas, appropriate to the aircraft category
and class for which the course applies:
(a) Applicable Federal Aviation Regulations for recreational
pilot privileges, limitations, and flight operations;
(b) Accident reporting requirements of the National
Transportation Safety Board;
(c) Applicable subjects in the ``Aeronautical Information
Manual'' and the appropriate FAA advisory circulars;
(d) Use of aeronautical charts for VFR navigation using pilotage
with the aid of a magnetic compass;
(e) Recognition of critical weather situations from the ground
and in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts;
(f) Safe and efficient operation of aircraft, including
collision avoidance, and recognition and avoidance of wake
turbulence;
(g) Effects of density altitude on takeoff and climb
performance;
(h) Weight and balance computations;
(i) Principles of aerodynamics, powerplants, and aircraft
systems;
(j) Stall awareness, spin entry, spins, and spin recovery
techniques, if applying for an airplane single-engine rating;
(k) Aeronautical decision making and judgment; and
(l) Preflight action that includes--
(1) How to obtain information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements; and
(2) How to plan for alternatives if the planned flight cannot be
completed or delays are encountered.
4. Flight training. (a) Each approved course must include at
least 30 hours of flight training (of which 15 hours must be with a
certificated flight instructor and 3 hours must be solo flight
training) on the approved areas of operation listed in paragraph (c)
of this section that are appropriate to the aircraft category and
class rating for which the course applies, including:
(1) Except as provided in Sec. 61.100 of this chapter, 2 hours
of dual flight training to and at an airport that is located more
than 25 nautical miles from the airport where the applicant normally
trains, with at least three takeoffs and three landings; and
(2) 3 hours of dual flight training in an aircraft that is
appropriate to the aircraft category and class for which the course
applies, in preparation for the practical test within 60 days
preceding the date of the test.
(b) Each training flight must include a preflight briefing and a
postflight critique of the student by the flight instructor assigned
to that flight.
(c) Flight training must include the following approved areas of
operation appropriate to the aircraft category and class rating--
(1) For an airplane single-engine course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations; and
(x) Postflight procedures.
(2) For a rotorcraft helicopter course: (i) Preflight
preparation;
[[Page 16357]]
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations; and
(ix) Postflight procedures.
(3) For a rotorcraft gyroplane course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations; and
(x) Postflight procedures.
5. Solo flight training. Each approved course must include at
least 3 hours of solo flight training on the approved areas of
operation listed in paragraph (c) of section No. 4 of this appendix
that are appropriate to the aircraft category and class rating for
which the course applies.
6. Stage checks and end-of-course tests. (a) Each student
enrolled in a recreational pilot course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
approved areas of operation listed in paragraph (c) of section No. 4
of this appendix that are appropriate to the aircraft category and
class rating for which the course applies.
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix B--Private Pilot Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a private pilot certification course required under
this part, for the following ratings:
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2. Eligibility for enrollment. A person must hold a recreational
or student pilot certificate prior to enrolling in the flight
portion of the private pilot certification course.
3. Aeronautical knowledge training.
(a) Each approved course must include at least the following
ground training on the aeronautical knowledge areas listed in
paragraph (b) of this section, appropriate to the aircraft category
and class rating:
(1) 35 hours of training if the course is for an airplane,
rotorcraft, or powered-lift category rating.
(2) 15 hours of training if the course is for a glider category
rating.
(3) 10 hours of training if the course is for a lighter-than-air
category with a balloon class rating.
(4) 35 hours of training if the course is for a lighter-than-air
category with an airship class rating.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) Applicable Federal Aviation Regulations for private pilot
privileges, limitations, and flight operations;
(2) Accident reporting requirements of the National
Transportation Safety Board;
(3) Applicable subjects of the ``Aeronautical Information
Manual'' and the appropriate FAA advisory circulars;
(4) Aeronautical charts for VFR navigation using pilotage, dead
reckoning, and navigation systems;
(5) Radio communication procedures;
(6) Recognition of critical weather situations from the ground
and in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts;
(7) Safe and efficient operation of aircraft, including
collision avoidance, and recognition and avoidance of wake
turbulence;
(8) Effects of density altitude on takeoff and climb
performance;
(9) Weight and balance computations;
(10) Principles of aerodynamics, powerplants, and aircraft
systems;
(11) If the course of training is for an airplane category or
glider category rating, stall awareness, spin entry, spins, and spin
recovery techniques;
(12) Aeronautical decision making and judgment; and
(13) Preflight action that includes--
(i) How to obtain information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements; and
(ii) How to plan for alternatives if the planned flight cannot
be completed or delays are encountered.
4. Flight training. (a) Each approved course must include at
least the following flight training, as provided in this section and
section No. 5 of this appendix, on the approved areas of operation
listed in paragraph (d) of this section, appropriate to the aircraft
category and class rating:
(1) 35 hours of training if the course is for an airplane,
rotorcraft, powered-lift, or airship rating.
(2) 6 hours of training if the course is for a glider rating.
(3) 8 hours of training if the course is for a balloon rating.
(b) Each approved course must include at least the following
flight training:
(1) For an airplane single-engine course: 20 hours of flight
training from a certificated flight instructor on the approved areas
of operation in paragraph (d)(1) of this section that includes at
least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in a single-engine airplane;
(ii) 3 hours of night flight training in a single-engine
airplane that includes--
(A) One cross-country flight of more than 100-nautical-miles
total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a single-engine
airplane; and
(iv) 3 hours of flight training in a single-engine airplane in
preparation for the practical test within 60 days preceding the date
of the test.
(2) For an airplane multiengine course: 20 hours of flight
training from a certificated flight instructor on the approved areas
of operation in paragraph (d)(2) of this section that includes at
least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in a multiengine airplane;
(ii) 3 hours of night flight training in a multiengine airplane
that includes--
(A) One cross-country flight of more than 100-nautical-miles
total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a multiengine airplane;
and
(iv) 3 hours of flight training in a multiengine airplane in
preparation for the practical test within 60 days preceding the date
of the test.
(3) For a rotorcraft helicopter course: 20 hours of flight
training from a certificated flight instructor on the approved areas
of operation in paragraph (d)(3) of this section that includes at
least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in a helicopter.
(ii) 3 hours of night flight training in a helicopter that
includes--
(A) One cross-country flight of more than 50-nautical-miles
total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of flight training in a helicopter in preparation
for the practical test within 60 days preceding the date of the
test.
(4) For a rotorcraft gyroplane course: 20 hours of flight
training from a certificated flight instructor on the approved areas
of operation in paragraph (d)(4) of this section that includes at
least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in a gyroplane.
(ii) 3 hours of night flight training in a gyroplane that
includes--
(A) One cross-country flight over 50-nautical-miles total
distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of flight training in a gyroplane in preparation
for the practical test within 60 days preceding the date of the
test.
(5) For a powered-lift course: 20 hours of flight training from
a certificated flight instructor on the approved areas of operation
in paragraph (d)(5) of this section that includes at least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in a powered-lift;
(ii) 3 hours of night flight training in a powered-lift that
includes--
(A) One cross-country flight of more than 100-nautical-miles
total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a powered-lift; and
[[Page 16358]]
(iv) 3 hours of flight training in a powered-lift in preparation
for the practical test, within 60 days preceding the date of the
test.
(6) For a glider course: 4 hours of flight training from a
certificated flight instructor on the approved areas of operation in
paragraph (d)(6) of this section that includes at least--
(i) Five training flights in a glider on launch/tow procedures
approved for the course and in the appropriate approved areas of
operation listed in paragraph (d)(6) of this section; and
(ii) Three training flights in a glider in preparation for the
practical test within 60 days preceding the date of the test.
(7) For a lighter-than-air airship course: 20 hours of flight
training from a commercial pilot with an airship rating on the
approved areas of operation in paragraph (d)(7) of this section that
includes at least--
(i) Except as provided in Sec. 61.111 of this chapter, 3 hours
of cross-country flight training in an airship;
(ii) 3 hours of night flight training in an airship that
includes--
(A) One cross-country flight over 25-nautical-miles total
distance; and
(B) Five takeoffs and five landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in an airship; and
(iv) 3 hours of flight training in an airship in preparation for
the practical test within 60 days preceding the date of the test.
(8) For a lighter-than-air balloon course: 8 hours of flight
training, including at least five flights, from a commercial pilot
with a balloon rating on the approved areas of operation in
paragraph (d)(8) of this section, that includes--
(i) If the training is being performed in a gas balloon--
(A) Two flights of 1 hour each;
(B) One flight involving a controlled ascent to 3,000 feet above
the launch site; and
(C) Two flights in preparation for the practical test within 60
days preceding the date of the test.
(ii) If the training is being performed in a balloon with an
airborne heater--
(A) Two flights of 30 minutes each;
(B) One flight involving a controlled ascent to 2,000 feet above
the launch site; and
(C) Two flights in preparation for the practical test within 60
days preceding the date of the test.
(c) For use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part may be credited for a maximum of 15
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part may be credited for a
maximum of 7.5 percent of the total flight training hour
requirements of the approved course, or of this section, whichever
is less.
(4) Training in flight simulators or flight training devices
described in paragraphs (c)(2) and (c)(3) of this section, if used
in combination, may be credited for a maximum of 15 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (c)(3) of this section.
(d) Each approved course must include the flight training on the
approved areas of operation listed in this paragraph that are
appropriate to the aircraft category and class rating--
(1) For a single-engine airplane course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Night operations, and
(xii) Postflight procedures.
(2) For a multiengine airplane course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Multiengine operations;
(xii) Night operations; and
(xiii) Postflight procedures.
(3) For a rotorcraft helicopter course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Night operations; and
(x) Postflight procedures.
(4) For a rotorcraft gyroplane course:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations;
(x) Night operations; and
(xi) Postflight procedures.
(5) For a powered-lift course: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Ground reference maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Basic instrument maneuvers;
(xi) Emergency operations;
(xii) Night operations; and
(xiii) Postflight procedures.
(6) For a glider course: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches/tows, as appropriate, and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7) For a lighter-than-air airship course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Emergency operations; and
(ix) Postflight procedures.
(8) For a lighter-than-air balloon course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Launches and landings;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Emergency operations; and
(viii) Postflight procedures.
5. Solo flight training. Each approved course must include at
least the following solo flight training:
(a) For an airplane single-engine course: 5 hours of solo flight
training in a single-engine airplane on the approved areas of
operation in paragraph (d)(1) of section No. 4 of this appendix that
includes at least--
(1) One solo cross-country flight of at least 100 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 50
nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
(b) For an airplane multiengine course: 5 hours of flight
training in a multiengine airplane performing the functions of a
pilot in command while under the supervision of a certificated
flight instructor. The training shall consist of the approved areas
of operation in paragraph (d)(2) of section No. 4 of this appendix,
and include at least--
(1) One cross-country flight of at least 100 nautical miles with
landings at a minimum of three points, and one segment of the flight
consisting of a straight-line distance of at least 50 nautical miles
between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
(c) For a rotorcraft helicopter course: 5 hours of solo flight
training in a helicopter
[[Page 16359]]
on the approved areas of operation in paragraph (d)(3) of section
No. 4 of this appendix that includes at least--
(1) One solo cross-country flight of more than 50 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 25
nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
(d) For a rotorcraft gyroplane course: 5 hours of solo flight
training in gyroplanes on the approved areas of operation in
paragraph (d)(4) of section No. 4 of this appendix that includes at
least--
(1) One solo cross-country flight of more than 50 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 25
nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
(e) For a powered-lift course: 5 hours of solo flight training
in a powered-lift on the approved areas of operation in paragraph
(d)(5) of section No. 4 of this appendix that includes at least--
(1) One solo cross-country flight of at least 100 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 50
nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
(f) For a glider course: Two solo flights in a glider on the
approved areas of operation in paragraph (d)(6) of section No. 4 of
this appendix, and the launch and tow procedures appropriate for the
approved course.
(g) For a lighter-than-air airship course: 5 hours of flight
training in an airship performing the functions of pilot in command
while under the supervision of a commercial pilot with an airship
rating. The training shall consist of the approved areas of
operation in paragraph (d)(7) of section No. 4 of this appendix.
(h) For a lighter-than-air balloon course: Two solo flights in a
balloon with an airborne heater if the course involves a balloon
with an airborne heater, or, if the course involves a gas balloon,
at least two flights in a gas balloon performing the functions of
pilot in command while under the supervision of a commercial pilot
with a balloon rating. The training shall consist of the approved
areas of operation in paragraph (d)(8) of section No. 4 of this
appendix, in the kind of balloon for which the course applies.
6. Stage checks and end-of-course tests.
(a) Each student enrolled in a private pilot course must
satisfactorily accomplish the stage checks and end-of-course tests
in accordance with the school's approved training course, consisting
of the approved areas of operation listed in paragraph (d) of
section No. 4 of this appendix that are appropriate to the aircraft
category and class rating for which the course applies.
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix C to Part 141--Instrument Rating Course
1. Applicability. This appendix prescribes the minimum
curriculum for an instrument rating course and an additional
instrument rating course, required under this part, for the
following ratings:
(a) Instrument--airplane.
(b) Instrument--helicopter.
(c) Instrument--powered-lift.
2. Eligibility for enrollment. A person must hold at least a
private pilot certificate with an aircraft category and class rating
appropriate to the instrument rating for which the course applies
prior to enrolling in the flight portion of the instrument rating
course.
3. Aeronautical knowledge training. (a) Each approved course
must include at least the following ground training on the
aeronautical knowledge areas listed in paragraph (b) of this section
appropriate to the instrument rating for which the course applies:
(1) 30 hours of training if the course is for an initial
instrument rating.
(2) 20 hours of training if the course is for an additional
instrument rating.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) Applicable Federal Aviation Regulations for IFR flight
operations;
(2) Appropriate information in the ``Aeronautical Information
Manual'';
(3) Air traffic control system and procedures for instrument
flight operations;
(4) IFR navigation and approaches by use of navigation systems;
(5) Use of IFR en route and instrument approach procedure
charts;
(6) Procurement and use of aviation weather reports and
forecasts, and the elements of forecasting weather trends on the
basis of that information and personal observation of weather
conditions;
(7) Safe and efficient operation of aircraft under instrument
flight rules and conditions;
(8) Recognition of critical weather situations and windshear
avoidance;
(9) Aeronautical decision making and judgment; and
(10) Crew resource management, to include crew communication and
coordination.
4. Flight training. (a) Each approved course must include at
least the following flight training on the approved areas of
operation listed in paragraph (d) of this section, appropriate to
the instrument-aircraft category and class rating for which the
course applies:
(1) 35 hours of instrument training if the course is for an
initial instrument rating.
(2) 15 hours of instrument training if the course is for an
additional instrument rating.
(b) For the use of flight simulators or flight training
devices--
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part may be credited for a maximum of 50
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part may be credited for a
maximum of 25 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 50 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (b)(3) of this section.
(c) Each approved course must include the following flight
training--
(1) For an instrument airplane course: Instrument training time
from a certificated flight instructor with an instrument rating on
the approved areas of operation in paragraph (d) of this section
including at least one cross-country flight that--
(i) Is in the category and class of airplane that the course is
approved for, and is performed under IFR;
(ii) Is a distance of at least 250 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
at least a straight-line distance of 100 nautical miles between
airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use
of navigation systems.
(2) For an instrument helicopter course: Instrument training
time from a certificated flight instructor with an instrument rating
on the approved areas of operation in paragraph (d) of this section
including at least one cross-country flight that--
(i) Is in a helicopter and is performed under IFR;
(ii) Is a distance of at least 100 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
at least a straight-line distance of 50 nautical miles between
airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use
of navigation systems.
(3) For an instrument powered-lift course: Instrument training
time from a certificated flight instructor with an instrument rating
on the approved areas of operation in paragraph (d) of this section
including at least one cross-country flight that--
(i) Is in a powered-lift and is performed under IFR;
(ii) Is a distance of at least 250 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
[[Page 16360]]
at least a straight-line distance of 100 nautical miles between
airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use
of navigation systems.
(d) Each approved course must include the flight training on the
approved areas of operation listed in this paragraph appropriate to
the instrument aircraft category and class rating for which the
course applies:
(1) Preflight preparation;
(2) Preflight procedures;
(3) Air traffic control clearances and procedures;
(4) Flight by reference to instruments;
(5) Navigation systems;
(6) Instrument approach procedures;
(7) Emergency operations; and
(8) Postflight procedures.
5. Stage checks and end-of-course tests. Each student enrolled
in an instrument rating course must satisfactorily accomplish the
stage checks and end-of-course tests, in accordance with the
school's approved training course, consisting of the approved areas
of operation listed in paragraph (d) of section No. 4 of this
appendix that are appropriate to the aircraft category and class
rating for which the course applies.
Appendix D to Part 141--Commercial Pilot Ccrtification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a commercial pilot certification course required
under this part, for the following ratings:
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2. Eligibility for enrollment. A person must hold the following
prior to enrolling in the flight portion of the commercial pilot
certification course:
(a) At least a private pilot certificate; and
(b) If the course is for a rating in an airplane or a powered-
lift category, then the person must:
(1) Hold an instrument rating in the aircraft that is
appropriate to the aircraft category rating for which the course
applies; or
(2) Be concurrently enrolled in an instrument rating course that
is appropriate to the aircraft category rating for which the course
applies, and pass the required instrument rating practical test
prior to completing the commercial pilot certification course.
3. Aeronautical knowledge training. (a) Each approved course
must include at least the following ground training on the
aeronautical knowledge areas listed in paragraph (b) of this
section, appropriate to the aircraft category and class rating for
which the course applies:
(1) 65 hours of training if the course is for an airplane
category rating, powered-lift category rating, or a lighter-than-air
category with an airship class rating.
(2) 30 hours of training if the course is for a rotorcraft
category rating.
(3) 20 hours of training if the course is for a glider category
rating.
(4) 20 hours of training if the course is for a lighter-than-air
category with a balloon class rating.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) Federal Aviation Regulations that apply to commercial pilot
privileges, limitations, and flight operations;
(2) Accident reporting requirements of the National
Transportation Safety Board;
(3) Basic aerodynamics and the principles of flight;
(4) Meteorology, to include recognition of critical weather
situations, windshear recognition and avoidance, and the use of
aeronautical weather reports and forecasts;
(5) Safe and efficient operation of aircraft;
(6) Weight and balance computations;
(7) Use of performance charts;
(8) Significance and effects of exceeding aircraft performance
limitations;
(9) Use of aeronautical charts and a magnetic compass for
pilotage and dead reckoning;
(10) Use of air navigation facilities;
(11) Aeronautical decision making and judgment;
(12) Principles and functions of aircraft systems;
(13) Maneuvers, procedures, and emergency operations appropriate
to the aircraft;
(14) Night and high-altitude operations;
(15) Descriptions of and procedures for operating within the
National Airspace System; and
(16) Procedures for flight and ground training for lighter-than-
air ratings.
4. Flight training. (a) Each approved course must include at
least the following flight training, as provided in this section and
section No. 5 of this appendix, on the approved areas of operation
listed in paragraph (d) of this section that are appropriate to the
aircraft category and class rating for which the course applies:
(1) 155 hours of training if the course is for an airplane,
powered-lift, or an airship rating.
(2) 115 hours of training if the course is for a rotorcraft
rating.
(3) 6 hours of training if the course is for a glider rating.
(4) 10 hours and 8 training flights if the course is for a
balloon rating.
(b) Each approved course must include at least the following
flight training:
(1) For an airplane single-engine course: 55 hours of flight
training from a certificated flight instructor on the approved areas
of operation listed in paragraph (d)(1) of this section that
includes at least--
(i) 5 hours of instrument training in a single-engine airplane;
(ii) 10 hours of training in a single-engine airplane that has
retractable landing gear, flaps, and a controllable pitch propeller,
or is turbine-powered;
(iii) One cross-country flight in a single-engine airplane of at
least a 2-hour duration, a total straight-line distance of more than
100 nautical miles from the original point of departure, and
occurring in day VFR conditions;
(iv) One cross-country flight in a single-engine airplane of at
least a 2-hour duration, a total straight-line distance of more than
100 nautical miles from the original point of departure, and
occurring in night VFR conditions; and
(v) 3 hours in a single-engine airplane in preparation for the
practical test within 60 days preceding the date of the test.
(2) For an airplane multiengine course: 55 hours of flight
training from a certificated flight instructor on the approved areas
of operation listed in paragraph (d)(2) of this section that
includes at least--
(i) 5 hours of instrument training in a multiengine airplane;
(ii) 10 hours of training in a multiengine airplane that has
retractable landing gear, flaps, and a controllable pitch propeller,
or is turbine-powered;
(iii) One cross-country flight in a multiengine airplane of at
least a 2-hour duration, a total straight-line distance of more than
100 nautical miles from the original point of departure, and
occurring in day VFR conditions;
(iv) One cross-country flight in a multiengine airplane of at
least a 2-hour duration, a total straight-line distance of more than
100 nautical miles from the original point of departure, and
occurring in night VFR conditions; and
(v) 3 hours in a multiengine airplane in preparation for the
practical test within 60 days preceding the date of the test.
(3) For a rotorcraft helicopter course: 30 hours of flight
training from a certificated flight instructor on the approved areas
of operation listed in paragraph (d)(3) of this section that
includes at least--
(i) 5 hours of instrument training;
(ii) One cross-country flight in a helicopter of at least a 2-
hour duration, a total straight-line distance of more than 50
nautical miles from the original point of departure and occurring in
day VFR conditions;
(iii) One cross-country flight in a helicopter of at least a 2-
hour duration, a total straight-line distance of more than 50
nautical miles from the original point of departure, and occurring
in night VFR conditions; and
(iv) 3 hours in a helicopter in preparation for the practical
test within 60 days preceding the date of the test.
(4) For a rotorcraft gyroplane course: 30 hours of flight
training from a certificated flight instructor on the approved areas
of operation listed in paragraph (d)(4) of this section that
includes at least--
(i) 5 hours of instrument training;
(ii) One cross-country flight in a gyroplane of at least a 2-
hour duration, a total straight-line distance of more than 50
nautical miles from the original point of departure, and occurring
in day VFR conditions;
(iii) One cross-country flight in a gyroplane of at least a 2-
hour duration, a total straight-line distance of more than 50
nautical miles from the original point of departure, and occurring
in night VFR conditions; and
(iv) 3 hours in a gyroplane in preparation for the practical
test within 60 days preceding the date of the test.
(5) For a powered-lift course: 55 hours of flight training from
a certificated flight instructor on the approved areas of operation
[[Page 16361]]
listed in paragraph (d)(5) of this section that includes at least--
(i) 5 hours of instrument training in a powered-lift;
(ii) One cross-country flight in a powered-lift of at least a 2-
hour duration, a total straight-line distance of more than 100
nautical miles from the original point of departure, and occurring
in day VFR conditions;
(iii) One cross-country flight in a powered-lift of at least a
2-hour duration, a total straight-line distance of more than 100
nautical miles from the original point of departure, and occurring
in night VFR conditions; and
(iv) 3 hours in a powered-lift in preparation for the practical
test within 60 days preceding the date of the test.
(6) For a glider course: 4 hours of flight training from a
certificated flight instructor on the approved areas of operation in
paragraph (d)(6) of this section, that includes at least--
(i) Five training flights in a glider on launch/tow procedures
approved for the course and on the appropriate approved areas of
operation listed in paragraph (d)(6) of this section; and
(ii) Three training flights in a glider in preparation for the
practical test within the 60 days preceding the date of the test.
(7) For a lighter-than-air airship course: 55 hours of flight
training in airships from a commercial pilot with an airship rating
on the approved areas of operation in paragraph (d)(7) of this
section that includes at least--
(i) 3 hours of instrument training in an airship;
(ii) One cross-country flight in an airship of at least a 1-hour
duration, a total straight-line distance of more than 25 nautical
miles from the original point of departure, and occurring in day VFR
conditions; and
(iii) One cross-country flight in an airship of at least a 1-
hour duration, a total straight-line distance of more than 25
nautical miles from the original point of departure, and occurring
in night VFR conditions; and
(iv) 3 hours in an airship, in preparation for the practical
test within 60 days preceding the date of the test.
(8) For a lighter-than-air balloon course: Flight training from
a commercial pilot with a balloon rating on the approved areas of
operation in paragraph (d)(8) of this section that includes at
least--
(i) If the course involves training in a gas balloon:
(A) Two flights of 1 hour each;
(B) One flight involving a controlled ascent to at least 5,000
feet above the launch site; and
(C) Two flights in preparation for the practical test within 60
days preceding the date of the test.
(ii) If the course involves training in a balloon with an
airborne heater:
(A) Two flights of 30 minutes each;
(B) One flight involving a controlled ascent to at least 3,000
feet above the launch site; and
(C) Two flights in preparation for the practical test within 60
days preceding the date of the test.
(c) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part may be credited for a maximum of 20
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part may be credited for a
maximum of 10 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in the flight training devices described in
paragraphs (c)(2) and (c)(3) of this section, if used in
combination, may be credited for a maximum of 20 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (c)(3) of this section.
(d) Each approved course must include the flight training on the
approved areas of operation listed in this paragraph that are
appropriate to the aircraft category and class rating--
(1) For an airplane single-engine course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Slow flight and stalls;
(viii) Emergency operations;
(ix) High-altitude operations; and
(x) Postflight procedures.
(2) For an airplane multiengine course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Slow flight and stalls;
(viii) Emergency operations;
(ix) Multiengine operations;
(x) High-altitude operations; and
(xi) Postflight procedures.
(3) For a rotorcraft helicopter course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Special operations; and
(x) Postflight procedures.
(4) For a rotorcraft gyroplane course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Flight at slow airspeeds;
(viii) Emergency operations; and
(ix) Postflight procedures.
(5) For a powered-lift course: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations;
(x) High altitude operations;
(xi) Special operations; and
(xii) Postflight procedures.
(6) For a glider course: (i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches/tows, as appropriate, and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7) For a lighter-than-air airship course: (i) Fundamentals of
instructing;
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lessons on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
(8) For a lighter-than-air balloon course: (i) Fundamentals of
instructing;
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Launches and landings;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
5. Solo training. Each approved course must include at least the
following solo flight training:
(a) For an airplane single-engine course: 10 hours of solo
flight training in a single-engine airplane on the approved areas of
operation in paragraph (d)(1) of section No. 4 of this appendix that
includes at least--
(1) One cross-country flight, if the training is being performed
in the State of Hawaii, with landings at a minimum of three points,
and one of the segments consisting of a straight-line distance of at
least 150 nautical miles;
(2) One cross-country flight, if the training is being performed
in a State other than Hawaii, with landings at a minimum of three
points, and one segment of the flight consisting of a straight-line
distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each
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landing involving a flight with a traffic pattern) at an airport
with an operating control tower.
(b) For an airplane multiengine course: 10 hours of flight
training in a multiengine airplane performing the functions of pilot
in command while under the supervision of a certificated flight
instructor. The training shall consist of the approved areas of
operation in paragraph (d)(2) of section No. 4 of this appendix, and
include at least--
(1) One cross-country flight, if the training is being performed
in the State of Hawaii, with landings at a minimum of three points,
and one of the segments consisting of a straight-line distance of at
least 150 nautical miles;
(2) One cross-country flight, if the training is being performed
in a State other than Hawaii, with landings at a minimum of three
points and one segment of the flight consisting of straight-line
distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic
pattern) at an airport with an operating control tower.
(c) For a rotorcraft helicopter course: 10 hours of solo flight
training in a helicopter on the approved areas of operation in
paragraph (d)(3) of section No. 4 of this appendix that includes at
least--
(1) One cross-country flight with landings at a minimum of three
points and one segment of the flight consisting of a straight-line
distance of at least 50 nautical miles from the original point of
departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic
pattern) at an airport with an operating control tower.
(d) For a rotorcraft-gyroplane course: 10 hours of solo flight
training in a gyroplane on the approved areas of operation in
paragraph (d)(4) of section No. 4 of this appendix that includes at
least--
(1) One cross-country flight with landings at a minimum of three
points, and one segment of the flight consisting of a straight-line
distance of at least 50 nautical miles from the original point of
departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic
pattern) at an airport with an operating control tower.
(e) For a powered-lift course: 10 hours of solo flight training
in a powered-lift on the approved areas of operation in paragraph
(d)(5) of section No. 4 of this appendix that includes at least--
(1) One cross-country flight, if the training is being performed
in the State of Hawaii, with landings at a minimum of three points,
and one segment of the flight consisting of a straight-line distance
of at least 150 nautical miles;
(2) One cross-country flight, if the training is being performed
in a State other than Hawaii, with landings at a minimum of three
points, and one segment of the flight consisting of a straight-line
distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic
pattern) at an airport with an operating control tower.
(f) For a glider course: 5 solo flights in a glider on the
approved areas of operation in paragraph (d)(6) of section No. 4 of
this appendix.
(g) For a lighter-than-air airship course: 10 hours of flight
training in an airship, while performing the functions of pilot in
command under the supervision of a commercial pilot with an airship
rating. The training shall consist of the approved areas of
operation in paragraph (d)(7) of section No. 4 of this appendix and
include at least--
(1) One cross-country flight with landings at a minimum of three
points, and one segment of the flight consisting of a straight-line
distance of at least 25 nautical miles from the original point of
departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10
landings (with each landing involving a flight with a traffic
pattern).
(h) For a lighter-than-air balloon course: Two solo flights if
the course is for a hot air balloon rating, or, if the course is for
a gas balloon rating, at least two flights in a gas balloon, while
performing the duties of pilot in command under the supervision of a
commercial pilot with a balloon rating. The training shall consist
of the approved areas of operation in paragraph (d)(8) of section
No. 4 of this appendix, in the kind of balloon for which the course
applies.
6. Stage checks and end-of-course tests. (a) Each student
enrolled in a commercial pilot course must satisfactorily accomplish
the stage checks and end-of-course tests, in accordance with the
school's approved training course, consisting of the approved areas
of operation listed in paragraph (d) of section No. 4 of this
appendix that are appropriate to aircraft category and class rating
for which the course applies.
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix E to Part 141--Airline Transport Pilot Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a airline transport pilot certification course under
this part, for the following ratings:
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Powered-lift.
2. Eligibility for enrollment. Prior to enrolling in the flight
portion of the airline transport pilot certification course, a
person must:
(a) Meet the aeronautical experience requirements prescribed in
subpart G of part 61 of this chapter for an airline transport pilot
certificate that is appropriate to the aircraft category and class
rating for which the course applies;
(b) Hold at least a commercial pilot certificate and an
instrument rating;
(c) Meet the military experience requirements under Sec. 61.73
of this chapter to qualify for a commercial pilot certificate and an
instrument rating, if the person is a rated military pilot or former
rated military pilot of an Armed Force of the United States; or
(d) Hold either a foreign airline transport pilot license or
foreign commercial pilot license and an instrument rating, if the
person holds a pilot license issued by a contracting State to the
Convention on International Civil Aviation.
3. Aeronautical knowledge areas. (a) Each approved course must
include at least 40 hours of ground training on the aeronautical
knowledge areas listed in paragraph (b) of this section, appropriate
to the aircraft category and class rating for which the course
applies.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) Applicable Federal Aviation Regulations of this chapter that
relate to airline transport pilot privileges, limitations, and
flight operations;
(2) Meteorology, including knowledge of and effects of fronts,
frontal characteristics, cloud formations, icing, and upper-air
data;
(3) General system of weather and NOTAM collection,
dissemination, interpretation, and use;
(4) Interpretation and use of weather charts, maps, forecasts,
sequence reports, abbreviations, symbols;
(5) National Weather Service functions as they pertain to
operations in the National Airspace System;
(6) Windshear and microburst awareness, identification, and
avoidance;
(7) Principles of air navigation under instrument meteorological
conditions in the National Airspace System;
(8) Air traffic control procedures and pilot responsibilities as
they relate to en route operations, terminal area and radar
operations, and instrument departure and approach procedures;
(9) Aircraft loading; weight and balance; use of charts, graphs,
tables, formulas, and computations; and the effects on aircraft
performance;
(10) Aerodynamics relating to an aircraft's flight
characteristics and performance in normal and abnormal flight
regimes;
(11) Human factors;
(12) Aeronautical decision making and judgment; and
(13) Crew resource management to include crew communication and
coordination.
4. Flight training. (a) Each approved course must include at
least 25 hours of flight training on the approved areas of operation
listed in paragraph (c) of this section appropriate to the aircraft
category and class rating for which the course applies. At least 15
hours of this flight training must be instrument flight training;
and
(b) For the use of flight simulators or flight training
devices--
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part may be credited for a maximum of 50
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
[[Page 16363]]
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part may be credited for a
maximum of 25 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 50 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (b)(3) of the section.
(c) Each approved course must include flight training on the
approved areas of operation listed in this paragraph appropriate to
the aircraft category and class rating for which the course applies:
(1) Preflight preparation;
(2) Preflight procedures;
(3) Takeoff and departure phase;
(4) In-flight maneuvers;
(5) Instrument procedures;
(6) Landings and approaches to landings;
(7) Normal and abnormal procedures;
(8) Emergency procedures; and
(9) Postflight procedures.
5. Stage checks and end-of-course tests. (a) Each student
enrolled in an airline transport pilot course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
approved areas of operation listed in paragraph (c) of section No. 4
of this appendix that are appropriate to the aircraft category and
class rating for which the course applies.
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix F to Part 141--Floght Instructor Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a flight instructor certification course and an
additional flight instructor rating course required under this part,
for the following ratings:
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider category.
2. Eligibility for enrollment. A person must hold the following
prior to enrolling in the flight portion of the flight instructor or
additional flight instructor rating course:
(a) A commercial pilot certificate or an airline transport pilot
certificate, with an aircraft category and class rating appropriate
to the flight instructor rating for which the course applies; and
(b) An instrument rating or privilege in an aircraft that is
appropriate to the aircraft category and class rating for which the
course applies, if the course is for a flight instructor airplane or
powered-lift instrument rating.
3. Aeronautical knowledge training. (a) Each approved course
must include at least the following ground training in the
aeronautical knowledge areas listed in paragraph (b) of this
section:
(1) 40 hours of training if the course is for an initial
issuance of a flight instructor certificate; or
(2) 20 hours of training if the course is for an additional
flight instructor rating.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) The fundamentals of instructing including--
(i) The learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(2) The aeronautical knowledge areas in which training is
required for--
(i) A recreational, private, and commercial pilot certificate
that is appropriate to the aircraft category and class rating for
which the course applies; and
(ii) An instrument rating that is appropriate to the aircraft
category and class rating for which the course applies, if the
course is for an airplane or powered-lift aircraft rating.
(c) A student who satisfactorily completes 2 years of study on
the principles of education at a college or university may be
credited with no more than 20 hours of the training required in
paragraph (a)(1) of this section.
4. Flight training. (a) Each approved course must include at
least the following flight training on the approved areas of
operation of paragraph (c) of this section appropriate to the flight
instructor rating for which the course applies:
(1) 25 hours, if the course is for an airplane, rotorcraft, or
powered-lift rating; and
(2) 10 hours and 10 flights, if the course is for a glider
category rating.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part, may be credited for a maximum of 10
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part, may be credited for a
maximum of 5 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (b)(3) of this section.
(c) Each approved course must include flight training on the
approved areas of operation listed in this paragraph that are
appropriate to the aircraft category and class rating for which the
course applies--
(1) For an airplane--single-engine course: (i) Fundamentals of
instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight, stalls, and spins;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
(2) For an airplane--multiengine course: (i) Fundamentals of
instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight and stalls;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations;
(xiv) Multiengine operations; and
(xv) Postflight procedures.
(3) For a rotorcraft--helicopter course: (i) Fundamentals of
instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Emergency operations;
(xii) Special operations; and
(xiii) Postflight procedures.
(4) For a rotorcraft--gyroplane course: (i) Fundamentals of
instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Flight at slow airspeeds;
(xi) Ground reference maneuvers;
(xii) Emergency operations; and
(xiii) Postflight procedures.
(5) For a powered-lift course: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
[[Page 16364]]
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Ground reference maneuvers;
(xii) Slow flight and stalls;
(xiii) Basic instrument maneuvers;
(xiv) Emergency operations;
(xv) Special operations; and
(xvi) Postflight procedures.
(6) For a glider course: (i) Fundamentals of instructing;
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and gliderport operations;
(vii) Launches, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance speeds;
(x) Soaring techniques;
(xi) Performance maneuvers;
(xii) Slow flight, stalls, and spins;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
5. Stage checks and end-of-course tests. (a) Each student
enrolled in a flight instructor course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
appropriate approved areas of operation listed in paragraph (c) of
section No. 4 of this appendix appropriate to the flight instructor
rating for which the course applies.
(b) In the case of a student who is enrolled in a flight
instructor-airplane rating or flight instructor-glider rating
course, that student must have:
(1) Received a logbook endorsement from a certificated flight
instructor certifying the student received ground and flight
training on stall awareness, spin entry, spins, and spin recovery
procedures in an aircraft that is certificated for spins and is
appropriate to the rating sought; and
(2) Demonstrated instructional proficiency in stall awareness,
spin entry, spins, and spin recovery procedures.
Appendix G to Part 141--Flight Instructor Instrument (For an Airplane,
Helicopter, or Powered-Lift Instrument Instructor Rating, ae
Appropriate) Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a flight instructor instrument certification course
required under this part, for the following ratings:
(a) Flight Instructor Instrument--Airplane.
(b) Flight Instructor Instrument--Helicopter.
(c) Flight Instructor Instrument--Powered-lift aircraft.
2. Eligibility for enrollment. A person must hold the following
prior to enrolling in the flight portion of the flight instructor
instrument course:
(a) A commercial pilot certificate or airline transport pilot
certificate with an aircraft category and class rating appropriate
to the flight instructor category and class rating for which the
course applies; and
(b) An instrument rating or privilege on that flight instructor
applicant's pilot certificate that is appropriate to the flight
instructor instrument rating (for an airplane, helicopter-, or
powered-lift-instrument rating, as appropriate) for which the course
applies.
3. Aeronautical knowledge training. (a) Each approved course
must include at least 15 hours of ground training on the
aeronautical knowledge areas listed in paragraph (b) of this
section, appropriate to the flight instructor instrument rating (for
an airplane-, helicopter-, or powered-lift-instrument rating, as
appropriate) for which the course applies:
(b) Ground training must include the following aeronautical
knowledge areas:
(1) The fundamentals of instructing including:
(i) Learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(2) The aeronautical knowledge areas in which training is
required for an instrument rating that is appropriate to the
aircraft category and class rating for the course which applies.
4. Flight training. (a) Each approved course must include at
least 15 hours of flight training in the approved areas of operation
of paragraph (c) of this section appropriate to the flight
instructor rating for which the course applies.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved for, meets requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part, may be credited for a maximum of 10
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part, may be credited for a
maximum of 5 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (b)(3) of this section.
(c) An approved course for the flight instructor-instrument
rating must include flight training on the following approved areas
of operation that are appropriate to the instrument-aircraft
category and class rating for which the course applies:
(1) Fundamentals of instructing;
(2) Technical subject areas;
(3) Preflight preparation;
(4) Preflight lesson on a maneuver to be performed in flight;
(5) Air traffic control clearances and procedures;
(6) Flight by reference to instruments;
(7) Navigation systems;
(8) Instrument approach procedures;
(9) Emergency operations; and
(10) Postflight procedures.
5. Stage checks and end-of-course tests. Each student enrolled
in a flight instructor instrument course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
approved areas of operation listed in paragraph (c) of section No. 4
of this appendix that are appropriate to the flight instructor
instrument rating (for an airplane-, helicopter-, or powered-lift-
instrument rating, as appropriate) for which the course applies.
Appendix H to Part 141--Ground Instructor Certification Course
1. Applicability. This appendix prescribes the minimum
curriculum for a ground instructor certification course and an
additional ground instructor rating course, required under this
part, for the following ratings:
(a) Ground Instructor--Basic.
(b) Ground Instructor--Advanced.
(c) Ground Instructor--Instrument.
2. Aeronautical knowledge training. (a) Each approved course
must include at least the following ground training on the knowledge
areas listed in paragraphs (b), (c), (d), and (e) of this section,
appropriate to the ground instructor rating for which the course
applies:
(1) 20 hours of training if the course is for an initial
issuance of a ground instructor certificate; or
(2) 10 hours of training if the course is for an additional
ground instructor rating.
(b) Ground training must include the following aeronautical
knowledge areas:
(1) Learning process;
(2) Elements of effective teaching;
(3) Student evaluation and testing;
(4) Course development;
(5) Lesson planning; and
(6) Classroom training techniques.
(c) Ground training for a basic ground instructor certificate
must include the aeronautical knowledge areas applicable to a
recreational and private pilot.
(d) Ground training for an advanced ground instructor rating
must include the aeronautical knowledge areas applicable to a
recreational, private, commercial, and airline transport pilot.
(e) Ground training for an instrument ground instructor rating
must include the aeronautical knowledge areas applicable to an
instrument rating.
(f) A student who satisfactorily completed 2 years of study on
the principles of education at a college or university may be
credited with 10 hours of the training required in paragraph (a)(1)
of this section.
3. Stage checks and end-of-course tests. Each student enrolled
in a ground instructor course must satisfactorily accomplish the
stage checks and end-of-course tests, in accordance with the
school's approved training course, consisting of the approved
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knowledge areas in paragraph (b), (c), (d), and (e) of section No. 2
of this appendix appropriate to the ground instructor rating for
which the course applies.
Appendix I to Part 141--Additional Aircraft Category or Class Rating
Course
1. Applicability. This appendix prescribes the minimum
curriculum for an additional aircraft category rating course or an
additional aircraft class rating course required under this part,
for the following ratings:
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2. Eligibility for enrollment. A person must hold the level of
pilot certificate for the additional aircraft category and class
rating for which the course applies prior to enrolling in the flight
portion of an additional aircraft category or additional aircraft
class rating course.
3. Aeronautical knowledge training. Each approved course for an
additional aircraft category rating and additional aircraft class
rating must include the total number of hours of training in all the
aeronautical knowledge areas appropriate to the aircraft rating and
pilot certificate level for which the course applies.
4. Flight training. (a) Each approved course for an additional
aircraft category rating or additional aircraft class must include
the total number of hours of flight training on all of the approved
areas of operation of this paragraph appropriate to the aircraft
rating and pilot certificate level for which the course applies.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets the requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part may be credited for a maximum of 10
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part may be credited for a
maximum of 5 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in the flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (c)(3) of this section.
5. Stage checks and end-of-course tests. (a) Each student
enrolled in an additional aircraft category rating course or an
additional aircraft class rating course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
approved areas of operation in section No. 4 of this appendix that
are appropriate to the aircraft category and class rating for which
the course applies at the appropriate pilot certificate level.
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix J to Part 141--Aircraft Type Rating Course, For Other Than an
Airline Transport Pilot Certificate
1. Applicability. This appendix prescribes the minimum
curriculum for an aircraft type rating course other than an airline
transport pilot certificate, for:
(a) A type rating in an airplane category--single-engine class.
(b) A type rating in an airplane category--multiengine class.
(c) A type rating in a rotorcraft category--helicopter class.
(d) A type rating in a powered-lift category.
(e) Other aircraft type ratings specified by the Administrator
through the aircraft type certificate procedures.
2. Eligibility for enrollment. Prior to enrolling in the flight
portion of an aircraft type rating course, a person must hold at
least a private pilot certificate and:
(a) An instrument rating in the category and class of aircraft
that is appropriate to the aircraft type rating for which the course
applies, provided the aircraft's type certificate does not have a
VFR limitation; or
(b) Be concurrently enrolled in an instrument rating course in
the category and class of aircraft that is appropriate to the
aircraft type rating for which the course applies, and pass the
required instrument rating practical test concurrently with the
aircraft type rating practical test.
3. Aeronautical knowledge training. (a) Each approved course
must include at least 10 hours of ground training on the
aeronautical knowledge areas listed in paragraph (b) of this
section, appropriate to the aircraft type rating for which the
course applies.
(b) Ground training must include the following aeronautical
areas:
(1) Proper control of airspeed, configuration, direction,
altitude, and attitude in accordance with procedures and limitations
contained in the aircraft's flight manual, checklists, or other
approved material appropriate to the aircraft type;
(2) Compliance with approved en route, instrument approach,
missed approach, ATC, or other applicable procedures that apply to
the aircraft type;
(3) Subjects requiring a practical knowledge of the aircraft
type and its powerplant, systems, components, operational, and
performance factors;
(4) The aircraft's normal, abnormal, and emergency procedures,
and the operations and limitations relating thereto;
(5) Appropriate provisions of the approved aircraft's flight
manual;
(6) Location of and purpose of inspecting each item on the
aircraft's checklist that relate to the exterior and interior
preflight; and
(7) Use of the aircraft's prestart checklist, appropriate
control system checks, starting procedures, radio and electronic
equipment checks, and the selection of proper navigation and
communication radio facilities and frequencies.
4. Flight training. (a) Each approved course must include at
least:
(1) Flight training on the approved areas of operation of
paragraph (c) of this section in the aircraft type for which the
course applies; and
(2) 10 hours of training of which at least 5 hours must be
instrument training in the aircraft for which the course applies.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or
flight training device, provided it is representative of the
aircraft for which the course is approved, meets requirements of
this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part, may be credited for a maximum of 50
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part, may be credited for a
maximum of 25 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(4) Training in the flight simulators or flight training devices
described in paragraphs (b)(2) and (b)(3) of this section, if used
in combination, may be credited for a maximum of 50 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit training in a
flight training device that meets the requirements of Sec. 141.41(b)
cannot exceed the limitation provided for in paragraph (b)(3) of
this section.
(c) Each approved course must include the flight training on the
areas of operation listed in this paragraph, that are appropriate to
the aircraft category and class rating for which the course applies:
(1) A type rating for an airplane--single-engine course: (i)
Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(2) A type rating for an airplane--multiengine course: (i)
Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
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(viii) Emergency procedures; and
(ix) Postflight procedures.
(3) A type rating for a powered-lift course: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(4) A type rating for a rotorcraft--helicopter course: (i)
Preflight preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(5) Other aircraft type ratings specified by the Administrator
through aircraft type certificate procedures: (i) Preflight
preparation;
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
5. Stage checks and end-of-course tests. (a) Each student
enrolled in an aircraft type rating course must satisfactorily
accomplish the stage checks and end-of-course tests, in accordance
with the school's approved training course, consisting of the
approved areas of operation that are appropriate to the aircraft
type rating for which the course applies at the airline transport
pilot certificate level; and
(b) Each student must demonstrate satisfactory proficiency prior
to being endorsed to operate an aircraft in solo flight.
Appendix K to Part 141--Special Preparation Courses
1. Applicability. This appendix prescribes the minimum
curriculum for the special preparation courses that are listed in
Sec. 141.11 of this part.
2. Eligibility for enrollment. Prior to enrolling in the flight
portion of a special preparation course, a person must hold a pilot
certificate, flight instructor certificate, or ground instructor
certificate that is appropriate for the exercise of the operating
privileges or authorizations sought.
3. General requirements. (a) To be approved, a special
preparation course must:
(1) Meet the appropriate requirements of this appendix; and
(2) Prepare the graduate with the necessary skills, competency,
and proficiency to exercise safely the privileges of the
certificate, rating, or authorization for which the course is
established.
(b) An approved special preparation course must include ground
and flight training on the operating privileges or authorization
sought, for developing competency, proficiency, resourcefulness,
self-confidence, and self-reliance in the student.
4. Use of flight simulators or flight training devices. (a) The
approved special preparation course may include training in a flight
simulator or flight training device, provided it is representative
of the aircraft for which the course is approved, meets requirements
of this paragraph, and the training is given by an instructor.
(b) Training in a flight simulator that meets the requirements
of Sec. 141.41(a) of this part, may be credited for a maximum of 10
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
(c) Training in a flight training device that meets the
requirements of Sec. 141.41(b) of this part, may be credited for a
maximum of 5 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
(d) Training in the flight simulators or flight training devices
described in paragraphs (b) and (c) of this section, if used in
combination, may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or
of this section, whichever is less. However, credit for training in
a flight training device that meets the requirements of
Sec. 141.41(b) cannot exceed the limitation provided for in
paragraph (c) of this section.
5. Stage check and end-of-course tests. Each person enrolled in
a special preparation course must satisfactorily accomplish the
stage checks and end-of-course tests, in accordance with the
school's approved training course, consisting of the approved areas
of operation that are appropriate to the operating privileges or
authorization sought, and for which the course applies.
6. Agricultural aircraft operations course. An approved special
preparation course for pilots in agricultural aircraft operations
must include at least the following--
(a) 25 hours of training on:
(1) Agricultural aircraft operations;
(2) Safe piloting operating practices and procedures for
handling, dispensing, and disposing agricultural and industrial
chemicals, including operating in and around congested areas; and
(3) Applicable provisions of part 137 of this chapter.
(b) 15 hours of flight training on agricultural aircraft
operations.
7. Rotorcraft external-load operations course. An approved
special preparation course for pilots of external-load operations
must include at least the following--
(a) 10 hours of training on:
(1) Rotorcraft external-load operations;
(2) Safe piloting operating practices and procedures for
external-load operations, including operating in and around
congested areas; and
(3) Applicable provisions of part 133 of this chapter.
(b) 15 hours of flight training on external-load operations.
8. Test pilot course. An approved special preparation course for
pilots in test pilot duties must include at least the following--
(a) Aeronautical knowledge training on:
(1) Performing aircraft maintenance, quality assurance, and
certification test flight operations;
(2) Safe piloting operating practices and procedures for
performing aircraft maintenance, quality assurance, and
certification test flight operations;
(3) Applicable parts of this chapter that pertain to aircraft
maintenance, quality assurance, and certification tests; and
(4) Test pilot duties and responsibilities.
(b) 15 hours of flight training on test pilot duties and
responsibilities.
9. Special operations course. An approved special preparation
course for pilots in special operations that are mission-specific
for certain aircraft must include at least the following--
(a) Aeronautical knowledge training on:
(1) Performing that special flight operation;
(2) Safe piloting operating practices and procedures for
performing that special flight operation;
(3) Applicable parts of this chapter that pertain to that
special flight operation; and
(4) Pilot in command duties and responsibilities for performing
that special flight operation.
(b) Flight training:
(1) On that special flight operation; and
(2) To develop skills, competency, proficiency, resourcefulness,
self-confidence, and self-reliance in the student for performing
that special flight operation in a safe manner.
10. Pilot refresher course. An approved special preparation
pilot refresher course for a pilot certificate, aircraft category
and class rating, or an instrument rating must include at least the
following--
(a) 4 hours of aeronautical knowledge training on:
(1) The aeronautical knowledge areas that are applicable to the
level of pilot certificate, aircraft category and class rating, or
instrument rating, as appropriate, that pertain to that course;
(2) Safe piloting operating practices and procedures; and
(3) Applicable provisions of parts 61 and 91 of this chapter for
pilots.
(b) 6 hours of flight training on the approved areas of
operation that are applicable to the level of pilot certificate,
aircraft category and class rating, or instrument rating, as
appropriate, for performing pilot-in-command duties and
responsibilities.
11. Flight instructor refresher course. An approved special
preparation flight instructor refresher course must include at least
a combined total of 16 hours of aeronautical knowledge training,
flight training, or any combination of ground and flight training on
the following--
(a) Aeronautical knowledge training on:
(1) The aeronautical knowledge areas of part 61 of this chapter
that apply to student, recreational, private, and commercial pilot
certificates and instrument ratings;
(2) The aeronautical knowledge areas of part 61 of this chapter
that apply to flight instructor certificates;
(3) Safe piloting operating practices and procedures, including
airport operations and operating in the National Airspace System;
and
(4) Applicable provisions of parts 61 and 91 of this chapter
that apply to pilots and flight instructors.
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(b) Flight training to review:
(1) The approved areas of operations applicable to student,
recreational, private, and commercial pilot certificates and
instrument ratings; and
(2) The skills, competency, and proficiency for performing
flight instructor duties and responsibilities.
12. Ground instructor refresher course. An approved special
preparation ground instructor refresher course must include at least
16 hours of aeronautical knowledge training on:
(a) The aeronautical knowledge areas of part 61 of this chapter
that apply to student, recreational, private, and commercial pilots
and instrument rated pilots;
(b) The aeronautical knowledge areas of part 61 of this chapter
that apply to ground instructors;
(c) Safe piloting operating practices and procedures, including
airport operations and operating in the National Airspace System;
and
(d) Applicable provisions of parts 61 and 91 of this chapter
that apply to pilots and ground instructors.
Appendix L to Part 141--Pilot Ground School Course
1. Applicability. This appendix prescribes the minimum
curriculum for a pilot ground school course required under this
part.
2. General requirements. An approved course of training for a
pilot ground school must include training on the aeronautical
knowledge areas that are:
(a) Needed to safely exercise the privileges of the certificate,
rating, or authority for which the course is established; and
(b) Conducted to develop competency, proficiency,
resourcefulness, self-confidence, and self-reliance in each student.
3. Aeronautical knowledge training requirements. Each approved
pilot ground school course must include:
(a) The aeronautical knowledge training that is appropriate to
the aircraft rating and pilot certificate level for which the course
applies; and
(b) An adequate number of total aeronautical knowledge training
hours appropriate to the aircraft rating and pilot certificate level
for which the course applies.
4. Stage checks and end-of-course tests. Each person enrolled in
a pilot ground school course must satisfactorily accomplish the
stage checks and end-of-course tests, in accordance with the
school's approved training course, consisting of the approved areas
of operation that are appropriate to the operating privileges or
authorization that graduation from the course will permit and for
which the course applies.
PART 143--GROUND INSTRUCTORS [REMOVED AND RESERVED]
5. Part 143 is removed and reserved.
Issued in Washington, D.C., on March 19, 1997.
Barry L. Valentine,
Acting Administrator.
[FR Doc. 97-7450 Filed 3-27-97; 11:28 am]
BILLING CODE 4910-13-P