[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Rules and Regulations]
[Pages 23526-23530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10850]



[[Page 23525]]

_______________________________________________________________________

Part IX





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 61



Alternative Means of Compliance for the Pilot-In-Command Night Takeoff 
and Landing Recent Flight Experience Requirements; Final Rule

  Federal Register / Vol. 64, No. 83 / Friday, April 30, 1999 / Rules 
and Regulations  

[[Page 23526]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-1999-5584; Amendment No. 61-106]
RIN 2120-AG77


Alternative Means of Compliance for the Pilot-In-Command Night 
Takeoff and Landing Recent Flight Experience Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This final rule establishes an alternative means of compliance 
for the pilot-in-command (PIC) night takeoff and landing recent flight 
experience requirements. A pilot who operates more than one type of 
airplane, certificated for more than one pilot flight crewmember, can 
meet the PIC night takeoff and landing recent flight experience 
requirements in one of the types of airplanes he/she operates. The 
pilot would then be considered qualified to perform night flights in 
the other types of airplanes he/she operates as PIC. In addition, this 
new alternative means of compliance establishes certain qualifications, 
aeronautical experience, and additional training. This action is needed 
to accommodate pilots employed by corporate operators and airplane 
manufacturers who operate diverse fleets of airplanes that are type 
certificated for more than one pilot flight crewmember. These operators 
and manufacturers require their pilots to meet a high level of 
aeronautical experience and training for qualification as a PIC. This 
final rule is intended to provide an additional means of compliance 
with the recent night flight experience requirements while maintaining 
an equivalent level of safety.

EFFECTIVE DATE: This final rule is effective on April 30, 1999.

FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

    An electronic copy of this document may be downloaded, using a 
modem and suitable communications software, from the FAA regulations 
section of the FedWorld electronic bulletin board service (telephone: 
(703) 321-3339), the Government Printing Office's (GPO) electronic 
bulletin board service (telephone (202) 512-1661), or, if applicable, 
the FAA's Aviation Rulemaking Advisory Committee bulletin board service 
(telephone: (800) 322-2722 or (202) 267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the GPO's web page at http://
www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW, Washington, DC 20591, or by calling 
(202) 267-9680. Communications must identify the amendment number or 
docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
rulemaking documents should request from the above office a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If your organization is a small entity and you have a question, 
contact your local FAA official. If you do not know how to contact your 
local FAA official, you may contact Charlene Brown, Program Analyst 
Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration, 
800 Independence Avenue, S.W, Washington, PC 20591, telephone (888) 
551-1594. Internet users can find additional information on SBREFA in 
the ``Quick Jump'' section of the FAA's web page at http://www.Faa.gov 
and may send electronic inquiries to the following internet address: 9-
[email protected].

Background

Statement of the Problem

    The FAA has received numerous comments from corporate operators and 
airplane manufacturers on the requirements for PIC night takeoff and 
landing recent flight experience. Many of the comments disagreed with 
the requirement that aircraft of the same category, class, and type (if 
a rating is required), be used to perform mandatory night takeoffs and 
landings. They argue that the requirement to perform required takeoffs 
and landings in an aircraft of the same type (if a type rating is 
required) for all types of aircraft in the same category and class is 
not cost effective and provides an unnecessary burden on their pilots. 
The commenters requested that an alternative means of compliance for 
this requirement be granted for their pilots, taking into consideration 
the aircraft their pilots operate, their pilots' high level of 
aeronautical experience,and the additional training required of their 
pilots.

History

    On April 4, 1997, the FAA amended 14 CFR part 61 (62 FR 16220), 
which became effective on August 4, 1997. In this amendment, 61.57(b) 
(14 CFR 61.57(b)) was revised to require that PIC night takeoffs and 
landing recent flight experience requirements be performed in not only 
the same category and class of aircraft but also the same type (if a 
type rating is required). Since the issuance of this amendment, the FAA 
has received many comments from corporate operators, airplane 
manufacturers, and the National Business Aircraft Association, Inc. 
Many of these commenters argue that they were not given adequate notice 
to the above amendment. While adequate notice and comment period was 
provided, the amendment was part of a large rulemaking project and 
easily could have been overlooked by the commenters.
    The commenters state that requiring PIC night takeoff and landing 
recent flight experience to be in the same type of airplane (if a type 
rating is required), beyond the same category and class, is a 
burdensome requirement for their pilots. They argue that their pilots 
are very experienced and maintain type ratings for several models of 
airplanes within the same category and class. Furthermore, differences 
between types of turbojet aircraft are minimal, and the requirement 
that their pilots meet PIC night recent flight experience requirements 
in each type is an economic burden. They argue that to do touch and 
goes in turbojet aircraft is very costly, and as such, that maintaining 
night takeoff and landing currency is one type, category and class of 
aircraft should be sufficient for all types of turbojet aircraft. 
Additionally, they argue that during the summer months, when there are 
fewer hours of darkness, it is very difficult for their pilots to meet 
the night takeoff and

[[Page 23527]]

landing requirement in all the different types, but same category and 
class of aircraft they operate. finally, the commenters argue that the 
current requirement to perform night takeoffs and landings in all the 
types of turbojet aircraft they operate has the potential of increasing 
air traffic congestion and noise pollution.
    As a result, these corporate operators and airplane manufacturers 
has asked the FAA to provide an alternative means of compliance to the 
PIC night takeoff and landing recent flight experience requirements for 
their pilots. They believe that their pilots should be allowed to meet 
the PIC night takeoff and landing recent flight experience requirements 
for all types of aircraft in the same category and class, once they 
have met this requirement in one type of aircraft in the same category 
and class.
    On February 3, 1999, the FAA issued a grant of exemption to 
Gulfstream Aerospace Corporation (Gulfstream) from the PIC night 
takeoff and landing recent flight experience requirements based on the 
arguments described above. This grant of exemption gave Gulfstream 
pilots an alternative means of compliance to the night currency 
requirements, based on an earlier grant of exemption to the Boeing 
Commercial Airplane Group. After issuing this grant of exemption, the 
FAA received similar requests from other corporate operators and 
airplane manufacturers, which were denied. upon further review, the FAA 
has determined that this issue needs to be resolved through rulemaking 
and not through additional grants of exemption.
    Accordingly, the FAA has determined that the alternative means of 
compliance for the PIC night takeoff and landing recent flight 
experience requirements granted to Gulfstream's PICs, also applies to 
other PICs who operate various types of airplanes requiring more than 
one pilot flight crewmember by the airplane's type certificate.

Alternative Means of Compliance

    The final rule revises Sec. 61.57 by adding a new paragraph (e)(3), 
which establishes an alternative means of compliance to the PIC night 
takeoff and landing recent flight experience requirements. this final 
rule neither lesson nor adds requirements to the present PIC night 
takeoff and landing currency requirement of Sec. 61.57(b), but merely 
provides another alternative means for remaining current in night 
takeoffs and landings.
    For years the FAA has permitted pilots who are employed by a 
certificate holder under 14 CFR parts 121, 125 or 135 an alternative 
means of compliance for the night takeoff and landing recent flight 
experience requirements of Sec. 61.57(b). As previously mentioned, the 
FAA has issued grants of exemption that permit pilots employed by some 
corporate operators or as test pilots for some airplane manufacturers, 
an alternative means of compliance from the night takeoff and landing 
currency requirements of Sec. 61.57(b).
    In this final rule, a PIC who operates more than one type of an 
airplane, that is type certificated for more than one pilot flight 
crewmember, may meet the PIC night takeoff and landing recent flight 
experience requirements under the current requirements of Sec. 61.57(b) 
or under this alternative. This alternative states that a pilot, who 
operates more than one type of airplane that is type certificated for 
more than one pilot flight crewmember, meets the PIC night takeoff and 
landing recent flight experience requirements for all of the different 
types of airplanes provided the pilot--
    (i) Holds at least a valid commercial pilot certificate with the 
appropriate type rating for each airplane that the pilot seeks to 
operate under this alternative;
    (ii) Has logged at least 1500 hours total time as a pilot;
    (iii) Has accomplished at least 15 hours of flight time in the type 
of airplane that the pilot seeks to operate under this alternative 
within the preceding 90 days prior to the operation of that airplane; 
and
    (iv) Has accomplished--
    (A) 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 as the sole manipulator of the flight controls in at 
least one of the types of airplanes that the pilot seeks to operate 
under this alternative, within the preceding 90 days prior to the 
operation of any of the types of airplanes that the pilot seeks to 
operate under this alternative; or
    (B) Completion of an approved training program under part 142 of 
this chapter within the preceding 12 calendar months prior to the month 
of the flight, which requires the performance of at least 6 takeoffs 
and 6 landings to a full stop as the sole manipulator of the controls 
in a flight simulator that is representative of at least one of the 
types of airplanes that the pilot seeks to operate under this 
alternative, and the flight simulator's visual system was adjusted to 
represent the period beginning 1 hour after sunset and ending 1 hour 
before sunrise.
    The FAA anticipates that this final rule will apply primarily to 
pilots employed by corporate operators and airplane manufacturers of 
turbine powered and large airplanes that require more than one pilot 
crewmember by the airplane's type certification requirements. For 
example, business jets such as some CE-500 series jets, Learjets, 
operators of DC-3's, Martin-404's, DC-6's, DC-7's, and various other 
part 25 transport category airplanes.

Good Cause for Immediate Adoption

    Sections 553(b)(3)(B) and 553(d)(3) of the Administrative 
Procedures Act (APA)(5 U.S.C. Sections 553(b)(3)(B) and 553(d)(3)) 
authorize agencies to dispense with certain notice procedures for rules 
when they find ``good cause'' to do so. Under section 553(b)(3)(B), the 
requirements of notice and opportunity for comment do not apply when 
the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Section 553(d)(3) allows an agency, upon finding good cause, to make a 
rule effective immediately, thereby avoiding the 30-day delayed 
effective date requirement in section 553.
    The FAA finds that notice and public comment to this final rule are 
impracticable, unnecessary, and contrary to the public interest. The 
provisions in this final rule provide an alternative means of 
compliance with the PIC night takeoff and landing recent flight 
experience requirements. This alternative means of compliance is 
applicable only to those PICs who fly two or more types of airplanes 
that require more than one pilot flight crewmember by the airplane's 
type certificate. However, these PICs still have the option to either 
meet the existing PIC night takeoff and landing recent flight 
experience requirements of Sec. 61.57(b) or they can choose to comply 
with this alternative PIC night takeoff and landing provision. The FAA 
has determined that the addition of this alternative means of 
compliance will not have an adverse effect on PIC night takeoffs and 
landing proficiency. Furthermore, the requirements for the alternative 
means of compliance for PIC night takeoff and landing recency will not 
have an adverse effect on safety since they are equivalent in content 
and substance to the existing PIC night takeoff and landing recent 
flight experience requirements listed in Sec. 61.57(b). The FAA has 
determined that notice and public comment are unnecessary since this 
rule is in the public interest and has no safety implications.
    In addition, the FAA has determined that compliance with this 
alternative means of PIC night takeoff and landing

[[Page 23528]]

recent flight experience requirements is needed immediately, so as to 
relieve a burdensome and costly requirement for corporate operators, 
airplane manufacturers, and the pilots they employ. As discussed 
earlier, the FAA has granted exemptions previously, providing an 
alternative means of compliance for PIC night takeoff and landing 
recent flight experience requirements. These petitions for exemption 
were published in the Federal Register, and received no comments. 
Therefore, the FAA has determined notice and comment on this amendment 
to be unnecessary.

Paperwork Reduction Act Approval

    Information collection requirements in the amendments to Sec. 61.57 
previously have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0021.

Compatibility With ICAO Standards

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

Economic Summary

    Four principal requirements pertain to the economic impacts of 
changes to the Federal Regulations. First, Executive Order 12866 
directs Federal agencies to promulgate new regulations or modify 
existing regulations after consideration of the expected benefits to 
society and the expected costs. The order also requires Federal 
agencies to assess whether a final rule is considered a ``significant 
regulatory action.'' Second, the Regulatory Flexibility Act of 1980 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. Finally, Public Law 194-4, Department of Transportation 
Appropriations Act (November 15, 1995), requires Federal agencies to 
assess the impact of any Federal mandates on State, Local, Tribal 
governments, and the private sector.
    In conducting these analyses, the FAA has determined that this rule 
will be cost beneficial, and is not ``significant'' as defined under 
section 3(f) of Executive Order 12866 and Department of Transportation 
(DOT) policies and procedures (44 FR 11034, February 26, 1979). In 
addition, under the Regulatory Flexibility Determination, the FAA 
certifies that this proposal will not have a significant impact on a 
substantial number of small entities. Furthermore, this proposal will 
not impose restraints on international trade. Finally, the FAA has 
determined that the proposal will not impose a Federal mandate on 
State, Local, or Tribal governments, or the private sector of $100 
million per year. These analyses are summarized below.

Executive Order 12866 and DOT's Policies and Procedures

    Under Executive Order 12866, each Federal agency shall assess both 
the costs and the benefits of final regulations while recognizing that 
some costs and benefits are difficult to quantify. A final rule is 
promulgated only upon a reasoned determination that the benefits of the 
final rule justify costs.
    The FAA's analysis of this final rule indicates that this amendment 
to part 61 will generally have a beneficial impact to corporate 
operators and airplane manufacturers that operate several different 
types of airplanes that are type certificated for more than one pilot 
flight crewmember and the pilots they employ. This final rule provides 
an alternative means of compliance for PICs to maintain night takeoff 
and landing currency. This alternative means for PICs to maintain their 
night take off and landing currency in all of the types of airplanes 
they operate will be permitted, provided the pilot meets the following:
    (i) Holds at least a valid commercial pilot certificate with the 
appropriate type rating for each airplane that the pilot seeks to 
operate under this alternative;
    (ii) Has logged at least 1,500 hours total time as a pilot;
    (iii) Has accomplished at least 15 hours of flight time in the type 
of airplane that the pilot seeks to operate under this alternative 
within the preceding 90 days prior to the operation of that airplane; 
and
    (iv) Has accomplished at least--
    (A) three takeoffs and three landings to a full stop, during the 
period beginning 1 hour after sunset and ending 1 hour before sunrise 
as the sole manipulator of the flight controls in at least one of the 
types of airplanes that the pilot seeks to operate under this 
alternative, within the preceding 90 days prior to the operation of any 
of the types of airplanes that the pilot seeks to operate under this 
alternative; or
    (B) completion of an approved training program under part 142 of 
this chapter within the preceding 12 calendar months prior to the month 
of the flight, which requires the performance or at least six takeoffs 
and six landings to a full stop as the sole manipulator of the controls 
in a flight simulator that is representative of at least one of the 
types of airplanes that the pilot seeks to operate under this 
alternative, and its visual system is adjusted to represent the period 
beginning 1 hour after sunset and ending 1 hour before sunrise.
    One of the major benefits to permitting this alternative means of 
compliance is that it will permit operators with multiple airplanes, 
that are type certificated for more than one pilot flight crewmember, 
to save on the costs of requiring their pilots to remain current in the 
pilot-in-command night takeoff and landing recent flight experience 
requirements in all of the operator's different types of airplanes. 
This benefit will provide cost savings on personnel, fuel, and 
maintenance on items such as wheel brakes, thrust reversers, and tires.
    Additional benefits of this final rule include the following: the 
reduction in pilot and controller workload, which should reduce the 
chances for procedural errors; the reduction in training accidents and 
incidents; the reduction in noise for the surrounding communities; and 
reduction in air pollution; and the reduction in air traffic congestion 
and training costs. Finally, the FAA has determined that this 
alternative means of compliance will not diminish safety in any manner. 
Pilots who are eligible to take advantage of this alternative means of 
compliance must meet higher commercial experience requirements and 
other additional currency requirements.
    The FAA has determined that there are no costs associated with 
complying with these alternative requirements since PICs will have the 
option to meet either the existing night takeoff and landing 
requirements in Sec. 61.57(b) or they may comply with this alternative. 
The FAA has concluded that this final rule is cost beneficial.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (the Act) establishes ``as 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and information requirements to the scale of the

[[Page 23529]]

business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that and to explain the rationale for their 
actions, the Act covers a wide range of small entities, including small 
businesses, not-for-profit organizations and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a final rule 
will have a significant economic impact on a substantial number of 
small entities. If the determination is that it will, the agency must 
prepare a Regulatory Flexibility Analysis (RFA) as described in the 
Act. If an agency determines, however, that a final rule is not 
expected to have a significant economic impact on a substantial number 
of small entities, section 605(b) of the 1980 Act provides that the 
head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    The FAA conducted the required review of this final rule and 
determined that it will not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities because the final rule imposes no additional 
cost on small entities. Small entities and their PICs will also benefit 
from this final rule, because they also have the choice to either 
comply with the existing PIC night takeoff and landing currency of 
paragraph (b) of Sec. 61.57 or they can choose to operate under this 
new alternative means of compliance for meeting the night takeoffs and 
landings currency.

International Trade Impact Statement

    The FAA has determined that the final rule will neither affect the 
sale of aviation products and services in the United States or the sale 
of U.S. products and services in foreign countries.

Federalism Implications

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

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 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 an agency final 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 Reform Act, 2 U.S.C. 1534(a), requires the 
Federal agency to develop an effective process to permit timely input 
by elected officers (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 will 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 Reform 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 rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year, therefore the 
requirements of the Reform Act do not apply.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental assessment or environmental impact statement. In 
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), 
regulations, standards and exemptions (excluding those, which if 
implemented may cause a significant impact on the human environment) 
qualify for a categorical exclusion. The FAA proposes that this rule 
qualifies for a categorical exclusion because no significant impacts to 
the environment are expected to result from its finalization or 
implementation.

Energy Impact

    The energy impact of the proposed rule has been assessed in 
accordance with the Energy Policy and Conservation Act (EPCA) and 
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined 
that it is not a major regulatory action under the provisions of the 
EPCA.

List of Subjects in 14 CFR Part 61

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

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 61 of Chapter I of Title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

    1. The authority citation of part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45303.

    2. Section 61.57 is amended by adding a new paragraph (e)(3) to 
read as follows:


Sec. 61.57   Recent flight experience: Pilot in command.

* * * * *
    (e) * * *
    (3) Paragraph (b) of this section does not apply to a pilot in 
command who operates more than one type of an airplane that is type 
certificated for more than one pilot flight crewmember, provided the 
pilot--
    (i) Holds at least a valid commercial pilot certificate with the 
appropriate type rating for each airplane that the pilot seeks to 
operate under this alternative;
    (ii) Has logged at least 1500 hours total time as a pilot;
    (iii) Has accomplished at least 15 hours of flight time in the type 
of airplane that the pilot seeks to operate under this alternative 
within the preceding 90 days prior to the operation of that airplane; 
and
    (iv) Has accomplished--
    (A) 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 as the sole manipulator of the flight controls in at 
least one of the types of airplanes that the pilot seeks to operate 
under this alternative, within the preceding 90 days prior to the 
operation of any of the types of airplanes that the pilot seeks to 
operate under this alternative; or
    (B) Completion of an approved training program under part 142 of 
this chapter within the preceding 12 calendar months prior to the month 
of

[[Page 23530]]

the flight, which requires the performance of at least 6 takeoffs and 6 
landings to a full stop as the sole manipulator of the controls in a 
flight simulator that is representative of at least one of the types of 
airplanes that the pilot seeks to operate under this alternative, and 
the flight simulator's visual system was adjusted to represent the 
period beginning 1 hour after sunset and ending 1 hour before sunrise.

    Issued in Washington, DC, on April 22, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-10850 Filed 4-29-99; 8:45 am]
BILLING CODE 4910-13-M