[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Rules and Regulations]
[Pages 42500-42571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19353]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 91, and 141
Pilot, Flight Instructor, and Pilot School Certification; Final Rule
Federal Register / Vol. 74 , No. 161 / Friday, August 21, 2009 /
Rules and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 91, and 141
[Docket No. FAA-2006-26661; Amendment Nos. 61-124, 91-309, and 141-12]
RIN 2120-AI86
Pilot, Flight Instructor, and Pilot School Certification
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule revises the training, qualification,
certification, and operating requirements for pilots, flight
instructors, ground instructors, and pilot schools. These changes are
needed to clarify, update, and correct our existing regulations. These
changes are intended to update and clarify the training and
qualifications rules for pilots, flight instructors, ground
instructors, and pilot schools to ensure a better understanding of
these rules that relate to aircraft operations in the National Airspace
System.
DATES: This final rule is effective October 20, 2009.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and
General Aviation Operations Branch, AFS-810, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3844; e-mail to [email protected]. For legal
interpretative questions about this final rule, contact: Michael Chase,
AGC-240, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone (202) 267-3110; e-mail to [email protected].
Executive Summary
The Federal Aviation Administration (FAA) is amending several
regulations to further our safety mission, incorporate international
flight standards, and respond to recent technological advances in
aviation. The essence of these interlocking changes is pilot, flight
instructor, and pilot school certification. The instruction and
training taking place in pilot schools is for many their first exposure
to recent aviation, technological, and industry changes. For the above
reasons, the FAA has found it necessary to update, correct, and clarify
our rules and requirements for pilots, flight instructor, and pilot
school certification. Many of our changes reflect and incorporate
comments and suggestions made by trade organizations, flight schools,
manufacturers, individual pilots, and others.
On February 7, 2007, the FAA published the notice of proposed
rulemaking (NPRM) for airmen certification entitled ``Pilots, flight
instructors, ground instructors, and pilot schools; training,
certification, and operating requirements'' (Notice No. 06-20; 72 FR
5806-5854). The NPRM follows an earlier final rule amending the pilot
and flight instructor certification, training, and experience rules of
part 61 (See 62 FR 16220; April 4, 1997). Since the 1997 final rule, we
determined changes were needed to clarify and refine these regulations
and address problems discovered post-publication. We also received a
number of helpful comments and interpretation requests from the pilot,
flight instructor, and training community. In order to make our rule
revisions more comprehensive, the NPRM included changes to 14 CFR part
91 and part 141 appendices.
We made two significant proposals in the NPRM: The first one
details pilot and flight instructor training and qualifications for
night vision goggle (NVG) operations; and, the second one converts
military flight instructor training experience to civilian teaching. We
also made a number of other changes reflected in the following table
and discussed in the rule preamble.
The FAA received considerable public response to the NPRM. We
received 1,970 different comments from 231 commenters. These commenters
represented a diverse ``cross-section'' of the aviation community
including: Commenters who identified themselves as actively serving in
the United States Armed Forces or Armed Forces Reserves; flight schools
(commercial and educational), flight training facilities, or other
organizations associated with flight training; aircraft manufacturers
or aircraft manufacturer associations, pilot, aircraft, and helicopter
owner associations; civil aviation associations; and law enforcement
agencies or organizations associated with NVG operations. The
substantive comments on both the overarching issues and specific rule
changes are detailed in the ``General Comments'' and ``Editorial
Comments'' sections of this preamble.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Sec. 106
describes the authority of the FAA Administrator, including the
authority to issue, rescind, and revise regulations. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under Sec.
44701, the FAA is charged with promoting safe flight of civil aircraft
in air commerce by prescribing regulations necessary for safety. Under
Sec. 44703, the FAA issues an airman certificate to an individual when
we find, after investigation, that the individual is qualified for, and
physically able to perform the duties related to, the position
authorized by the certificate. In this final rule, we are amending
certain training, qualification, certification, and operating
requirements for pilots, flight instructors, ground instructors, and
pilot schools.
These revisions are intended to ensure that flight crewmembers have
the training and qualifications to enable them to operate aircraft
safely. For this reason, these revisions are within the scope of our
authority and are a reasonable and necessary exercise of our statutory
obligations.
Summary Table on the Revisions
The table below is a listing of the changes that are contained in
this final rule in order of their Code of Federal Regulations (CFR)
designations. The table is organized as follows: The first column,
identified as ``Revision No.,'' refers to the paragraph number in the
``Description of Revision'' portion of this preamble where a detailed
discussion of the revision appears. The second column gives the CFR
designation of the regulation we are revising. The third column,
identified as ``Summary of the Revisions,'' provides a brief summary of
the revision.
This final rule revises and makes clarifications under part 61 that
pertain to pilot, flight instructor, and ground instructor
certification requirements. This final rule revises Sec. 91.205(h)
which is the rule that establishes the required instruments and
equipment for use in NVG operations. This final rule also revises part
141 and its appendixes, which apply to part 141 approved pilot schools
and provisional pilot schools.
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Revision No. CFR designation Summary of the revisions
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1.............................. Sec. 61.1(b)(12)........ Adds a definition for the term ``night vision
goggles.''
2.............................. Sec. 61.1(b)(13)........ Adds a definition for the term ``night vision
goggle operations.''
3.............................. Sec. 61.2............... Establishes the requirements regarding ``currency''
and ``validity'' in a new Sec. 61.2 as it
relates to exercising the privileges of an airman
certificate, rating, endorsement, or
authorization.
4.............................. Sec. 61.3(j)(1)......... This proposal to delete the phrase ``Except as
provided in paragraph (j)(3) of this section'' is
being withdrawn as the ``Part 121 Pilot Age
Limit'' direct final rule has incorporated this
proposal and has also increased the age
requirement to 65 years for pilots engaged in part
121 air carrier operations.
4.............................. Sec. 61.3(j)(3)......... We had proposed to delete this provision because
the dates have passed. However, this proposal has
been withdrawn as the ``Part 121 Pilot Age Limit''
direct final rule has overtaken the need for this
proposed change.
5.............................. Sec. 61.19(b)........... Extends the duration period for student pilot
certificates for persons under the age of 40
years.
6.............................. Sec. 61.19(b)(3)........ Extends the duration period for student pilot
certificates for persons seeking the glider or
balloon rating to 60 calendar months, regardless
of the age of the person.
7.............................. Sec. 61.19(d)........... The NPRM proposed to issue flight instructor
certificates without expiration dates. The FAA has
decided to withdraw this proposal and will
continue to issue flight instructor certificates
with an expiration date.
8 & 81......................... Sec. 61.19(e)........... Parallels the ground instructor certificate
duration with the ground instructor currency
requirements in revised Sec. 61.217.
9.............................. Sec. 61.23(a)(3)(iv)-(v) Makes minor editorial changes to the medical
certificate requirements.
9.............................. Sec. 61.23(a)(3)(vii)... Permits Examiners to hold only a third class
medical certificate as already provided for in FAA
Order 8900.2.
10............................. Sec. 61.23(b)(3)........ Clarifies that persons who are exercising the
privileges of their pilot certificate when
operating a balloon or a glider are not required
to hold a medical certificate.
11............................. Sec. 61.23(b)(7)........ Clarifies that Examiners who administer practical
tests in a glider, balloon, flight simulator, or
flight training device are not required to hold a
medical certificate.
12............................. Sec. 61.23(b)(8)........ Clarifies that no medical certificate is required
when taking a practical test in a glider, balloon,
flight simulator, or flight training device.
13............................. Sec. 61.23(b)(9)........ Adds a provision that excuses U.S. military pilots
from obtaining an FAA medical certification, if
they hold an ``up-to-date'' medical clearance from
the U.S. Armed Forces, and the flight only
requires privileges of a third class medical
certificate and is conducted within U.S. airspace.
14............................. Sec. 61.29(d)(3)........ Deletes the requirement that a person furnish his/
her Social Security Number.
15............................. Sec. 61.31(d)(1), (2), & Corrects a duplication of provisions between
(3). paragraphs (d)(2) and (3).
16............................. Sec. 61.31(k)........... Establishes training for operating with night
vision goggles in a new paragraph (k).
17............................. Sec. 61.35(a)(2)(iv).... Clarifies when a person must show his/her current
residential address when making application for a
knowledge test.
18............................. Sec. 61.39(b)(2)........ Deletes the word ``scheduled'' in front of the
phrase ``U.S. military air transport operations.''
19............................. Sec. 61.39(c)(2)........ Deletes the exception that an applicant does not
have to receive an instructor endorsement for an
additional aircraft class rating. Sections
61.39(a)(6) and 61.63(c) require an instructor
endorsement.
20............................. Sec. 61.39(a)(6)(i), (d) Changes the phrase ``60 calendar days'' to read ``2
and (e). calendar months'' for the training required prior
to the practical test.
21............................. Sec. 61.43(a) and (b)... Clarifies when single pilot performance is required
on the practical test versus permitting issuance
of the ``second in command'' limitation.
22............................. Sec. 61.45(a)(2)(iii)... Defines a military aircraft for the purpose of
using it for a practical test.
23............................. Sec. 61.45(c)........... Excepts gliders that are unpowered from the
requirement that 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.
24............................. Sec. 61.51(b)(3)(iv).... Adds a provision for logging night vision goggle
time.
27............................. Sec. 61.51(b)(1)(iv).... Revises the instructions for logbook entries to
include aviation training device (ATD).
Sec. 61.51(b)(2)(v)
Sec. 61.51(b)(3)(iii)
25............................. Sec. 61.51(e)(1)........ Corrects an omission and permits sport pilots and
airline transport pilots (ATPs) to log pilot in
command (PIC) flight time.
26............................. Sec. 61.51(e)(1)(iv).... Permits a pilot who is performing the duties of PIC
while under the supervision of a qualified PIC to
log PIC flight time.
27............................. Sec. 61.51(g)(4)........ Requires that when using a flight simulator, flight
training device, or an ATD for training, an
instructor must be present and sign the person's
logbook or training record.
28............................. Sec. 61.51(j)........... Establishes that an aircraft must hold an
airworthiness certificate, with some exceptions,
for a pilot to log flight time to meet the
certificate, rating, or recent flight experience
requirements under part 61.
29............................. Sec. 61.51(k)........... Adds the criteria and standards for logging night
vision goggle time.
30............................. Sec. 61.57(c)(1)........ In the NPRM, we had proposed to revise the
instrument recent flight experience for
maintaining instrument privileges in airplanes,
powered-lifts, helicopters, and airships. The FAA
has decided to maintain the existing instrument
recency requirements and just make formatting and
editorial revisions to the rule.
30............................. Sec. 61.57(c)(2)-(5).... Permits the use of flight simulators, flight
training devices, or ATDs for performing
instrument recent flight experience.
30............................. Sec. 61.57(c)(6)........ Revises the instrument recent flight experience for
maintaining instrument privileges in gliders.
[[Page 42502]]
31............................. Sec. 61.57(d)........... Clarifies when an instrument proficiency check must
be completed to serve as the PIC under IFR or in
weather conditions less than the minimums
prescribed for VFR.
32............................. Sec. 61.57(f)........... Adds a night vision goggle recent operating
experience requirement to remain PIC qualified for
night vision goggle operations.
33............................. Sec. 61.57(g)........... Adds a night vision goggle proficiency check
requirement to remain PIC qualified for night
vision goggle operations.
34............................. Sec. 61.59(a)-(b)....... The FAA has decided to withdraw this proposal that
would have paralleled this section with the
language contained in Sec. 67.403 of this
chapter.
35............................. Sec. 61.63.............. Changes the section heading to read ``Additional
aircraft ratings (other than for ratings at the
airline transport pilot certificate level).''
35............................. Sec. 61.63(c)(4)........ Clarifies what is intended for those applicants who
hold only a lighter than air (LTA)-Balloon rating
and who seek a LTA-Airship rating.
35............................. Sec. 61.63(d)(5)........ Adds a provision to account for aircraft not
capable of instrument flight. Parallels revised
Sec. 61.157(b)(3).
35............................. Sec. 61.63(e)........... Amends the requirement for permitting use of
aircraft not capable of instrument flight for a
rating. Parallels revised Sec. 61.157(g).
35............................. Sec. 61.63(f)........... Clarifies that an applicant for type rating in a
multiengine, single seat airplane must meet the
requirements in the multi-seat version of that
type airplane, or the examiner must be in a
position to observe the applicant during the
practical test. Parallels revised Sec.
61.157(h).
35............................. Sec. 61.63(g)........... Clarifies that an applicant for type rating in a
single engine, single seat airplane may meet the
requirements in a multi-seat version of that type
airplane, or the examiner must be in a position to
observe the applicant during the practical test.
Parallels revised Sec. 61.157(i).
36............................. Sec. 61.64.............. Places the existing Sec. 61.63(e), (f), and (g)
and Sec. 61.157(g), (h), and (i) that address
the requirements for using flight simulators and
flight training devices into revised Sec. 61.64.
35............................. Sec. 61.63(h)........... Clarifies that certain tasks may be waived if the
FAA has approved the task to be waived to parallel
Sec. 61.157(m).
36............................. Sec. 61.64(a) and (b)... Moves Sec. 61.63(e) and Sec. 61.157(g) to
revised Sec. 61.64. Simplifies and amends the
requirements and limitations for use of a flight
simulator or flight training device for an
airplane rating.
36............................. Sec. 61.64(a)(2)(i) & Clarifies that to use a flight simulator for
(ii). training and testing for the airplane category,
class, or type rating, the type rating cannot
contain the supervised operating experience
limitation.
36............................. Sec. 61.64(c) and (d)... Moves Sec. 61.63(f) and Sec. 61.157(h) to
revised Sec. 61.64. Simplifies and amends the
requirements and limitations for use of a flight
simulator or flight training device for a
helicopter rating.
36............................. Sec. 61.64(c)(2)(i) & Clarifies that to use a flight simulator for
(ii). training and testing for the helicopter class or
type rating, the type rating cannot contain the
supervised operating experience limitation.
36............................. Sec. 61.64(e) and (f)... Moves Sec. 61.63(g) and Sec. 61.157(i) to
revised Sec. 61.64. Simplifies and amends the
requirements and limitations for use of a flight
simulator or flight training device for a powered-
lift rating.
36............................. Sec. 61.64(e)(2)(i) & Clarifies that to use a flight simulator for
(ii). training and testing for the powered-lift category
or type rating, the type rating cannot contain the
supervised operating experience limitation.
37............................. Sec. 61.65(d)........... For an airplane, requires at least 10 hours of
cross country time as PIC, appropriate to the
instrument rating sought, so that it conforms to
the ICAO requirements for instrument rating.
37............................. Sec. 61.65(e)........... For a helicopter, requires at least 10 hours of
cross country time as PIC, appropriate to the
instrument rating sought, so that it conforms to
the ICAO requirements for instrument rating.
37............................. Sec. 61.65(f)........... For a powered-lift, requires at least 10 hours of
cross country time as PIC, appropriate to the
instrument rating sought, so that it conforms to
the ICAO requirements for instrument rating.
37............................. Sec. 61.65(g)........... Makes minor changes to address the usage of flight
simulator and flight training devices for the
instrument rating. Re-designate paragraph (e) as
paragraph (g).
38............................. Sec. 61.65(h)........... Permits the use of an ATD to be used for 10 hours
of instrument time.
39............................. Sec. 61.69(a)(4)........ Corrects a typographical error involving the word
``or.''
40............................. Sec. 61.69(a)(6)........ Increases the recent flight experience requirements
for tow pilots from 12 months to 24 months.
41............................. Sec. 61.73(b)........... Removes the requirement that military pilots and
former military pilots be on active flying status
within the past 12 months to qualify under these
special rules. Deletes the requirement that
military pilots and former military pilots have
PIC status to qualify for pilot certification
under these special rules. Also, makes minor
editorial changes.
41............................. Sec. 61.73(c)........... Allows military pilots of an Armed Force of a
foreign contracting State to International Civil
Aviation Organization (ICAO) to qualify for U.S.
Commercial Pilot Certificates and ratings provided
they are assigned in an operational U.S. military
unit for other than flight training purposes.
41............................. Sec. 61.73(f)........... Re-designates paragraph (g) as paragraph (f) and
deletes the phrase ``as pilot in command during
the 12 calendar months before the month of
application.''
42............................. Sec. 61.73(g)........... Allows issuance of flight instructor certificates
Sec. 61.197(a)(2)(iv)... and ratings to military instructor pilots and
examiners who can show having been designated as a
U.S. military instructor pilot or examiner.
Provides an alternative method for U.S. military
instructor pilots and examiners who hold an FAA
flight instructor certificate to renew their
flight instructor certificate and ratings.
[[Page 42503]]
43............................. Sec. 61.73(h)........... Clarifies the documents required to qualify
military pilots for a pilot certificate and
ratings under the special rules of Sec. 61.73
for military pilots.
44............................. Sec. 61.75(a)........... Requires a holder of a foreign pilot license to
have at least a foreign private pilot license in
order to apply for a U.S. private pilot
certificate under Sec. 61.75.
44............................. Sec. 61.75(b)........... Requires a holder of a foreign pilot license to
have at least a foreign private pilot license in
order to apply for a U.S. private pilot
certificate under Sec. 61.75.
45............................. Sec. 61.75(b)(3)........ Adds ``other than a U.S. student pilot
certificate.''
46............................. Sec. 61.75(c)........... Adds the qualifier ``for private pilot privileges
only'' to clarify issuance of U.S. private pilot
certificates based on foreign pilot licenses.
3.............................. Sec. 61.75(d)........... Adds the qualifier ``valid.''
47............................. Sec. 61.75(e)........... Corrects an error: Where the rule stated ``U.S.
private pilot certificate,'' it has been corrected
to read: ``U.S. pilot certificate.''
47............................. Sec. 61.75(e)(1)........ Corrects an error: Where the rule stated ``private
pilot privilege,'' it has been corrected to read:
``pilot privileges authorized by this part and the
limitations placed on that U.S. pilot
certificate.''
47............................. Sec. 61.75(e)(4)........ Corrects an error: Where the rule stated ``U.S.
private pilot certificate,'' it has been corrected
to read: ``U.S. pilot certificate.''
47............................. Sec. 61.75(f)........... Corrects an error: Where the rule stated ``U.S.
private pilot certificate,'' it has been corrected
to read: ``U.S. pilot certificate'' in 2 places.
47............................. Sec. 61.75(g)........... Corrects an error: Where the rule stated ``U.S.
private pilot certificate,'' it has been corrected
to read: ``U.S. pilot certificate'' in 2 places.
48............................. Sec. 61.77(a)(2)........ Clarifies who can be issued a special purpose pilot
authorization.
48............................. Sec. 61.77(b)(1)........ Clarifies the requirements for issuance of a
special purpose pilot authorization.
48............................. Sec. 61.77(b)(5)........ Deletes a requirement that an applicant have
documentation of meeting the recent flight
experience requirements of part 61 be issued a
special purpose pilot authorization.
49............................. Sec. 61.96(b)(9)........ Requires an applicant for a recreational pilot
certificate to hold either a student pilot
certificate or sport pilot certificate.
50............................. Sec. 61.101(e)(1)(iii) Excludes aircraft that are certificated as
and (j). rotorcraft from the 180 horsepower powerplant
limitation. Corrects a mistake in paragraph (j)
that references ``paragraph (h)'' where the rule
should reference ``paragraph (i).''
51............................. Sec. 61.103(j).......... Requires a private pilot certificate applicant to
hold a student pilot certificate, recreational
pilot certificate, or sport pilot certificate.
52............................. Sec. 61.109(a)(5)(ii)... Changes the distance on a cross country flight for
private pilot certification--single engine
airplane rating from ``at least 50 nautical
miles'' to ``more than 50 nautical miles.''
52............................. Sec. 61.109(b)(5)(ii)... Changes the distance on a cross country flight for
private pilot certification--multiengine airplane
rating from ``at least 50 nautical miles'' to
``more than 50 nautical miles.''
53............................. Sec. 61.109(c)(4)(ii)... Changes the distance on the solo cross country
flight for private pilot certification--helicopter
rating to conform to ICAO requirements. Changes
the distance on a cross country flight for private
pilot certification--helicopter rating from ``at
least 25 nautical miles'' to read ``more than 25
nautical miles.''
54............................. Sec. 61.109(d)(4)(ii)... Changes the distance on the solo cross country
flight for private pilot certification--gyroplane
rating to conform to ICAO requirements. Changes
the distance on a cross country flight for private
pilot certification--gyroplane rating from ``at
least 25 nautical miles'' to read ``more than 25
nautical miles.''
52............................. Sec. 61.109(e)(5)(ii)... Changes the distance on a cross country flight for
private pilot certification--powered-lift rating
from ``at least 50 nautical miles'' to ``more than
50 nautical miles.''
55............................. Sec. 61.127(b)(4)(vi)... Adds ``ground reference maneuvers'' as an area of
operation for commercial pilot certification--
gyroplane rating.
56............................. Sec. 61.127(b)(5)(vii).. Deletes ``ground reference maneuvers'' for
commercial pilot certification powered lift
rating.
57............................. Sec. 61.129(a)(3)(i).... Clarifies the instrument training tasks required
for commercial pilot certification--airplane
single engine rating by requiring training using a
view-limiting device.
62............................. Sec. 61.129(a)(3)(iii).. Allows the daytime cross country flight for
commercial pilot certification single engine
airplane rating to be performed under visual
flight rules (VFR) or instrument flight rules
(IFR).
62............................. Sec. 61.129(a)(3)(iv)... Allows the cross country flight at nighttime for
commercial pilot certification airplane single
engine rating to be performed under VFR or IFR.
64............................. Sec. 61.129(a)(4)....... Permits training to be performed solo or with an
instructor onboard for commercial pilot
certification--airplane single engine rating.
58............................. Sec. 61.129(b)(3)(i).... Requires instrument training tasks for commercial
pilot certification airplane multiengine rating to
include training using a view-limiting device.
62............................. Sec. 61.129(b)(3)(iii).. Allows the daytime cross country flight for
commercial pilot certification multiengine
airplane rating to be performed under VFR or IFR.
62............................. Sec. 61.129(b)(3)(iv)... Allows the cross country flight at nighttime for
commercial pilot certification multiengine
airplane rating to be performed under VFR or IFR.
59............................. Sec. 61.129(c)(3)(i).... Reduces the hour requirements on the control and
maneuvering of a helicopter solely by reference to
instruments from 10 hours to 5 hours for
commercial pilot certification--helicopter rating
and permits it to be performed in an aircraft,
flight simulator, or flight training device.
Clarifies the control and maneuvering of a
helicopter solely by reference to instruments
required for commercial pilot certification for
the helicopter rating must include training using
a view-limiting device.
62............................. Sec. 61.129(c)(3)(ii)... Permits the daytime cross country flight for
commercial pilot certification helicopter rating
to be performed under VFR or IFR.
[[Page 42504]]
62............................. Sec. 61.129(c)(3)(iii).. Permits the cross country flight at nighttime for
commercial pilot certification helicopter rating
to be performed under VFR or IFR.
64............................. Sec. 61.129(c)(4)....... Permits training for commercial pilot certification
helicopter rating to be performed solo or with an
instructor onboard.
60............................. Sec. 61.129(d)(3)(i).... Reduces the instrument training for commercial
pilot certification--gyroplane rating to 2.5 hours
on the control and maneuvering of a gyroplane
solely by reference to instrument and permits it
to be conducted in an aircraft, flight simulator,
or flight training device. Clarifies the control
and maneuvering of a gyroplane solely by reference
to instrument required for commercial pilot
certification gyroplane rating must include
training using a view-limiting device.
62............................. Sec. 61.129(d)(3)(ii)... Allows the daytime cross country flight for
commercial pilot certification gyroplane rating to
be performed under VFR or IFR.
63............................. Sec. 61.129(d)(3)(iii).. Deletes the requirement for a cross country flight
at nighttime for commercial pilot certification
gyroplane rating and establishes it as ``At least
two hours of flight training during nighttime
conditions in a gyroplane at an airport, that
includes 10 takeoffs and 10 landings to a full
stop (with each landing involving a flight in the
traffic pattern).''
64............................. Sec. 61.129(d)(4)....... Permits training for commercial pilot certification
gyroplane rating to be performed solo or with an
instructor onboard.
61............................. Sec. 61.129(e)(3)(i).... Requires that instrument training tasks for
commercial pilot certification powered-lift rating
include training using a view-limiting device.
61............................. Sec. 61.129(e)(3)(ii)... Permits the cross country flight at nighttime for
commercial pilot certification powered-lift rating
to be performed under VFR or IFR.
62............................. Sec. 61.129(e)(3)(iii).. Permits the cross country flight at nighttime for
commercial pilot certification powered-lift rating
to be performed under VFR or IFR.
64............................. Sec. 61.129(e)(4)....... Permits training for commercial pilot certification
powered-lift rating to be performed solo or with
an instructor onboard.
64............................. Sec. 61.129(g)(2)....... Permits training for commercial pilot certification
airship rating to be performed either solo or
while performing the duties of PIC with an
instructor onboard.
65............................. Sec. 61.129(g)(3)....... Reformats paragraph (3) into subparagraphs (i) and
(ii). Clarifies that the instrument training tasks
for commercial pilot certification airship rating
requires instrument training using a view-limiting
device.
62............................. Sec. 61.129(g)(4)(ii) & Permits the cross country training for commercial
(iii). pilot certification airship rating to be performed
under VFR or IFR.
66............................. Sec. 61.153(d)(3)(i), Further clarifies the additional condition to
(ii). qualify for a U.S. ATP certificate on the basis of
a foreign pilot certificate.
67............................. Sec. 61.157............. Reprints this section in its entirety due to
numerous editorial, formatting, and technical
revisions.
67............................. Sec. 61.157(b).......... Adds the language ``or a type rating that is
completed concurrently with an airline transport
pilot certificate'' for clarification purposes.
Reformats this section to establish a paragraph
(g) that permits the use of an aircraft not
capable of instrument flight for a type rating to
be added to an existing ATP certificate. This
revision parallels the changes in Sec. 61.63(e).
67............................. Sec. 61.157(f)(1)(ii)... Clarifies the aeronautical knowledge areas of the
competency check under Sec. 135.293 for
qualifying for an aircraft rating. The reason for
this change is because Part 142 training centers
and designated pilot examiners are only authorized
to test an applicant on the aeronautical knowledge
areas of Sec. 135.293(a)(2) and (3) and not on
the aeronautical knowledge areas of Sec.
135.293(a)(1) and (4) through (8). Procedurally,
the FAA only permits the part 135 operator's check
airman and FAA Inspectors to test the applicant on
the aeronautical knowledge areas of Sec.
135.293(a)(1) and (4) through (8).
36 & 67........................ Sec. 61.157(g).......... Clarifies the use of flight simulators and flight
training devices and applicant qualifications for
the airplane rating at the ATP certification level
and moves it in to Sec. 61.64 in paragraph (a)
and (b).
36 & 67........................ Sec. 61.157(h).......... Clarifies the use of flight simulators and flight
training devices and applicant qualifications for
the helicopter rating at the ATP certification
level and moves it into Sec. 61.64 in paragraph
(c) and (d).
36 & 67........................ Sec. 61.157(i).......... Clarifies the use of flight simulators and flight
training devices and applicant qualifications for
the powered-lift rating at the ATP certification
level and moves it into Sec. 61.64 as paragraph
(e) and (f).
68............................. Sec. 61.157(g).......... Re-designates paragraph (j) as paragraph (g).
Amends the requirements for permitting use of
aircraft not capable of instrument flight for a
rating to permit the issuance of a ``VFR Only''
limitation for ATP certification. This revision
parallels the changes in Sec. 61.63(e).
68............................. Sec. 61.157(h).......... Adds a provision to permit an applicant for type
rating in a multiengine, single seat airplane to
be performed in a multi-seat version of that type
airplane, or the examiner must be in a position to
observe the applicant during the practical test.
This revision parallels the changes in Sec.
61.63(f).
69............................. Sec. 61.157(i).......... Adds a provision permitting an applicant for type
rating in a single engine, single seat airplane to
be performed in a multi-seat version of that type
airplane, or the examiner must be in a position to
observe the applicant during the practical test.
This revision parallels the changes in Sec.
61.63(g).
70............................. Sec. 61.159(c)(3)....... Adds a provision to accommodate the crediting of
flight engineer time for U.S. military flight
engineers for qualifying for an ATP certificate
that is similar to what is provided for crediting
flight engineer time under part 121.
71............................. Sec. 61.159(d).......... Clarifies when an applicant may be issued an ATP
certificate with the ICAO endorsement.
[[Page 42505]]
71............................. Sec. 61.159(e).......... Clarifies a holder of an ATP certificate with the
ICAO endorsement may have the endorsement removed
after meeting the aeronautical experience of
revised Sec. 61.159(d).
72............................. Sec. 61.187(b)(6)(vii).. Deletes the ``go around maneuver'' for flight
instructor certification for the glider rating.
73............................. Sec. 61.195(c)(1) & (2). Establishes the flight instructor qualifications
for providing instrument training in flight to be
a CFII in the appropriate category and class of
aircraft.
74............................. Sec. 61.195(d)(3)....... Deletes requirement that a flight instructor must
sign a student's certificate for authorizing solo
flight in Class B airspace.
75............................. Sec. 61.195(k).......... Adds flight instructor qualifications for giving
the PIC night vision goggle qualification and
currency training.
7.............................. Sec. 61.197(a)(2)....... This proposal has been withdrawn, because the FAA
has decided to continue to issue flight instructor
certificates with an expiration date. The proposal
would have established flight instructor renewal
procedures without requiring re-issuance of the
actual flight instructor certificate.
7.............................. Sec. 61.199(a).......... This proposal would have established flight
instructor reinstatement procedures without
requiring re-issuance of the actual flight
instructor certificate. That proposal has been
withdrawn, because the FAA has decided to continue
to issue flight instructor certificates with an
expiration date. The FAA is making a minor change
to this rule to clarify the reinstatement
requirements to allow the performance of a single
CFI reinstatement practical test renews the other
ratings held on that flight instructor
certificate.
76............................. Sec. 61.215(b).......... Deletes the privilege of advance ground instructors
(AGIs) to provide training and endorsement for
instrument training.
77............................. Sec. 61.217(a)-(d)...... Establishes new currency requirements for ground
instructors.
78............................. Sec. 91.205(h).......... Establishes the required instruments & equipment
for night vision goggle operations.
79............................. Sec. 141.5(a)-(e)....... Clarifies that the ``counters'' for the pass rate
must be 10 different people and that no one
graduate can be counted more than once.
80............................. Sec. 141.9.............. Corrects the rule language for issuing examining
authority.
81............................. Sec. 141.33(d)(2)....... Reduces the number of student enrollments to
qualify for a check instructor position to 10
students.
82............................. Sec. 141.39............. Permits the use of foreign registered aircraft for
those part 141 training facilities that are
located outside of the United States and where the
training is conducted outside of the United
States.
83............................. Sec. 141.53(c)(1)....... Deletes subparagraph (c)(1) to remove an obsolete
date.
84............................. Sec. 141.55(e)(2)(ii)... Corrects the phrase ``the practical or knowledge
test, or any combination thereof'' to read ``the
practical or knowledge test, as appropriate.''
85............................. Sec. 141.77(c)(1), (2), Makes a technical correction to the language in the
and (3). rules about the proficiency and knowledge test
required for transfer students to a part 141 pilot
school.
86............................. Sec. 141.85(a)(1) & (d). Clarifies duties and responsibilities that chief
instructor may delegate to an assistant chief
instructor and recommending instructor.
87............................. Part 141, Appx. B. para. 2 Changes the eligibility requirement for enrollment
into the flight portion of the private pilot
certification course to only require a
recreational, sport, or student pilot certificate
prior to entry into the solo phase of the flight
portion of the course.
88............................. Part 141, Appx. B. para. Corrects in the private pilot certification single
4(b)(1)(i). engine airplane course requirement by changing the
training required to read ``on the control and
maneuvering of a single engine airplane solely by
reference to instruments'' instead of calling it
``instrument training.''
88............................. Part 141, Appx. B. para. Corrects the private pilot certification
4(b)(2)(i). multiengine airplane course requirement by
changing the training required to read ``on the
control and maneuvering of a multiengine airplane
solely by reference to instruments.''
88............................. Part 141, Appx. B. para. Corrects the private pilot certification powered-
4(b)(5)(i). lift course requirement by changing the training
required to read ``on the control and maneuvering
of a powered-lift solely by reference to
instruments.''
89............................. Part 141, Appx. B. para. Changes the distance for the cross country flight
5(a)(1). in the private pilot certification--airplane
single engine course from ``at least 50 nautical
miles'' to read ``more than 50 nautical miles.''
90............................. Part 141, Appx. B. para. Changes the distance on a cross country flight in
5(b)(1). the private pilot certification--airplane
multiengine course from ``at least 50 nautical
miles'' to read ``more than 50 nautical miles.''
91............................. Part 141, Appx. B. para. Changes the distance on a cross country flight in
5(c)(1). the private pilot certification helicopter course
to conform to ICAO requirements to be a cross
country flight of at least 100 nautical miles.
Changed the phrase ``at least 25 nautical miles''
to read ``more than 25 nautical miles.''
92............................. Part 141, Appx. B. para. Changes the distance on a cross country flight in
5(d)(1). the private pilot certification--gyroplane course
from ``at least 25 nautical miles'' to read ``more
than 25 nautical miles.''
93............................. Part 141, Appx. B. para. Changes the distance on a cross country flight in
5(e)(1). the private pilot certification--powered lift
course from ``at least 50 nautical miles'' to read
``more than 50 nautical miles.''
94............................. Part 141, Appx. C. para. Allows approval of instrument rating courses that
4(b)(5) & (6). give credit for instrument training on an ATD.
100............................ Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(1)(i). commercial pilot certification airplane single
engine course include training using a view-
limiting device.
99............................. Part 141, Appx. D. para. Allows the complex airplane training in the
4(b)(1)(ii). commercial pilot certificate single engine
airplane course to be performed in either in a
single engine complex airplane or multiengine
complex airplane.
[[Page 42506]]
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight for the
4(b)(1)(iii). commercial pilot certificate airplane course to be
performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Allows the nighttime cross country flight for the
4(b)(1)(iv). commercial pilot certificate airplane course to be
performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(2)(i). commercial pilot certification airplane
multiengine course include training using a view-
limiting device.
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight for the
4(b)(2)(iii). commercial pilot certificate airplane course to be
performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Allows the nighttime cross country flight for the
4(b)(2)(iv). commercial pilot certificate airplane course to be
performed under VFR or IFR.
100............................ Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(3)(i). commercial pilot certification helicopter course
include using a view-limiting device.
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight in the
4(b)(3)(ii). commercial pilot certificate helicopter course to
be performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Allows the nighttime cross country flight in the
4(b)(3)(iii). commercial pilot certificate helicopter course to
be performed under VFR or IFR.
100............................ Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(4)(i). commercial pilot certification gyroplane course
include using a view-limiting device.
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight in the
4(b)(4)(ii). commercial pilot certificate gyroplane course to
be performed under VFR or IFR.
97............................. Part 141, Appx. D. para. Requires a nighttime cross country flight in the
4(b)(4)(iii). commercial pilot certificate gyroplane course to
include at least two hours of flight training
during nighttime conditions at an airport, that
includes 10 takeoffs and 10 landings to a full
stop (with each landing involving a flight in the
traffic pattern).
100............................ Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(5)(i). commercial pilot certification powered-lift course
include using a view-limiting device.
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight in the
4(b)(5)(ii). commercial pilot certificate powered-lift course
to be performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Allows the nighttime cross country flight in the
4(b)(5)(iii). commercial pilot certificate powered-lift course
to be performed under VFR or IFR.
100............................ Part 141, Appx. D. para. Requires that the instrument training tasks for the
4(b)(7)(i). commercial pilot certification airship course
include using a view-limiting device.
96............................. Part 141, Appx. D. para. Allows the daytime cross country flight in the
4(b)(7)(ii). commercial pilot certificate airship rating course
to be performed under VFR or IFR.
96............................. Part 141, Appx. D. para. Allows the nighttime cross country flight in the
4(b)(7)(iii). commercial pilot certificate airship rating course
to be performed under VFR or IFR.
98............................. Part 141, Appx. D. para. Adds ``ground reference maneuvers'' as an area of
4(d)(4)(vi). operation for the gyroplane rating in the
commercial pilot certificate course.
95............................. Part 141, Appx. D. para. Allows training to be performed solo or with an
5(a), (c ), (d), & (e). instructor onboard for the commercial pilot
certificate courses.
101............................ Part 141, Appx. E. para. 2 Clarifies that a person prior to having completed
the flight portion of the ATP course must have met
the ATP aeronautical experience requirements of
part 61, subpart G.
102............................ Part 141, Appx. I. para. 3 Clarifies the amount and content of ground and
and 4. flight training for the add-on aircraft category
and/or class rating courses in the recreational,
private, commercial, and ATP certification
courses.
----------------------------------------------------------------------------------------------------------------
Differences Between NPRM and Final Rule
The notice of proposed rulemaking (NPRM) generated considerable
interest and commentary by the pilot, flight instructor, and flight
school community as well as other stakeholders. While the FAA is
appreciative of all comments, recommendations, and suggestions made
during NPRM period, they are not always related to the instant final
rule.
The FAA received general comments on aviation industry future
trends. Comments on cockpit resource management (CRM) and general
aviation (GA) trends, including very light jet (VLJ), will be addressed
in other FAA rulemakings.
In response to several comments that rule changes would result in
undue recordkeeping burdens for certificate holders and cause new
problems such as identity theft, we have explained our requirements and
rationale in the preamble of this final rule. We find the revisions
will clarify and eliminate duplication of certain sections and, in
fact, reduce paperwork. As detailed later in this document, revised
Sec. 61.29(d)(3) ends the requirement that a person requesting
replacement of a lost or destroyed airman certificate, medical
certificate, or knowledge test report must furnish their Social
Security Number. The change improves privacy by one less place where a
Social Security Number must be furnished and complies with Federal Law
that forbids mandating a Social Security Number for identification
purposes. The FAA has started a rulemaking process revising the pilot
certificate requirements that when exercising the privilege of a pilot
certificate, the person must carry photo identification acceptable to
the Administrator. This exercise will also address security concerns
regarding pilot identification. Details on this rulemaking will appear
in the Federal Register in due course and comments will be solicited
before a final rule is promulgated.
Responding to concerns that the FAA will deny or revoke privileges
for inadvertent inaccuracies, based on re-review of Sec. 61.59 we do
not find this rule invalidates existing regulatory requirements for
recording flight experience. It is not FAA's intention to deny or
revoke privileges for inadvertent inaccuracies. In fact, many of the
``e-initiatives'' of FAA, Department of Transportation, and the Federal
Government make applications, submission, and corrections easier. At
present, a number of processes can be
[[Page 42507]]
completed online including the renewal of instructor flight
certificates. The FAA has also made numerous editorial changes for
clarity.
Editorial Comments
The FAA has made numerous editorial changes referenced by the
previous Summary of Revision Table and detailed comments appear by
Revision Number (Revision Number or Revision No.). One commenter noted
FAA Order 8710.3D referenced in the NPRM, has been superseded by FAA
Order 8900.2 and recommended the references be updated. The FAA agrees
and the corrected reference ``FAA Order 8900.2'' appears throughout
this document.
Discussion of the Final Rule
1. This revision of Sec. 61.1(b)(13) defines the term ``night vision
goggles''
Revised Sec. 61.1(b)(13) defines ``night vision goggles'' (NVG) to
mean ``an appliance worn by a pilot that enhances the pilot's ability
to maintain visual surface reference at night.''
Two commenters supported the proposed definition for night vision
goggles. One commenter, while supporting the general concept of
defining and addressing night vision goggle operations, thought
specific operational details should be left to NVG users.
The FAA is adopting the revision as proposed in the NPRM.
2. This revision of Sec. 61.1(b)(14) defines the term ``night vision
goggle operation''
This final rule creates a new Sec. 61.1(b)(14) by defining ``night
vision goggle operation'' as ``a flight at night where the pilot
maintains visual surface reference utilizing NVGs in an aircraft that
is approved for NVG operations.''
One commenter supported the general concept of defining and
addressing night vision goggle (NVG) operations, while deferring to NVG
users regarding specific details of the proposed provisions. Two
commenters objected to the NVG definition on safety grounds. The
commenters believed the proposed definition implies visual references
to the surface may be maintained solely by NVG use and, in the event of
a NVG malfunction, pilots could be left without any visual references.
The FAA does not believe that the definition of ``night vision
goggle operation'' would in any way affect safety in the event of a NVG
malfunction. Required pilot training should ensure a pilot has the
skills and ability to revert to visual flight. Therefore, the FAA is
adopting the revision as it was proposed in the NPRM.
3. This revision establishes a new Sec. 61.2 that clarifies the
requirements regarding ``currency'' and ``validity'' throughout part 61
as it relates to exercising the privileges of an airman certificate,
rating, endorsement, or authorization issued under this part
The FAA had proposed to revise Sec. Sec. 61.1(b)(2)(i) and (ii),
(4), and (20); 61.3(a)(1), (c), (f)(2)(i) and (ii), and (g)(2)(i) and
(ii); 61.39(c)(1), 61.69(a)(1); 61.75(b)(2) and (d); 61.77(b)(1);
61.103(j); 61.133(a)(1); 61.153(d)(1) and (3); 61.167(a) and (b)(3);
the introductory language of 61.193; 61.197(a); and 61.215(a), (b),
(c), and (d) to clarify that airman certificates, ratings, and
authorizations had to be ``current'' and/or ``valid,'' or both, where
and when appropriate. However, the FAA has now decided to remove the
words ``current'' and ``valid'' entirely throughout part 61. This new
Sec. 61.2 establishes the requirements for ``currency'' and
``validity'' as it relates to exercising the privileges of an airman
certificate, rating or authorization. As a result of adding this new
Sec. 61.2, we have removed the word ``current'' from Sec. Sec. 61.1,
61.3, 61.19, 61.23, 61.25, 61.39, 61.51, 61.53, 61.55, 61.63, 61.65,
61.73, 61.75, 61.77, 61.89, 61.93, 61.101, 61.157, 61.185, 61.195,
61.197, 61.199, 61.213, 61.303, 61.403, 61.407, 61.429, and 61.431.
Furthermore, by adding this new Sec. 61.2, we have also removed the
word ``valid'' from Sec. Sec. 61.1, 61.3, 61.23, 61.53, 61.75, 61.77,
61.101, 61.303, 61.403, 61.429, and 61.431.
The words ``current'' and ``valid'' had not been defined until we
proposed the definitions in the NPRM (i.e., Notice No. 06-20; 72 FR
5806-5854; February 7, 2007). In the past, the words ``current'' and
``valid'' had been used in some sections of part 61, but not
consistently or universally. Section 61.2 establishes the requirements
for ``currency'' and ``validity'' as it relates to a person's
certificate, rating, endorsement, or authorization in order to exercise
the privileges of that certificate, rating, endorsement or
authorization.
Five commenters expressed support for the various additions or
replacements making clear that certificates, ratings, and other
privileges must be current and valid for use. One commenter pointed out
that the changes clarify that mere possession of a certificate is not
necessarily sufficient to meet requirements.
Six commenters asserted that the proposed additions or revisions
are unnecessary. Three commenters asserted that the requirement for
certificates and ratings to be current and valid is implied, and it is
not necessary to revise the regulations to reflect them. One commenter
asserted that the regulatory requirements for exercising privileges are
effective regardless of whether a regulation specifically requires that
a privilege be current. Three commenters believed that the proposed
changes to Sec. 61.1 make adequately clear that pilots' certificates
must be both valid and current, and that it is unnecessary to add the
qualifier ``current and valid'' throughout part 61. Three commenters
recommended that, instead of making changes throughout part 61, the FAA
define valid and current in Sec. 1.1 of the regulations. One commenter
suggested a blanket statement to the effect that certificate holders
are required to meet all standards required to exercise any particular
privilege at the time of intended use. One commenter pointed out that
many certificate types have no expiration, making currency a moot
issue.
Six commenters pointed out that there is nothing on the face of
pilot certificates that indicates currency or validity, and that
reference to a logbook or training records is required. Three
commenters asserted that compliance with the proposed rules would
require a pilot to carry logbooks or flight training records to prove
currency, and object to the proposal for that reason. These commenters
asserted that requiring pilots to carry logbooks would expose them to
loss or damage, and that pilots using computer-based flight records
would be unable to comply. Two commenters urged that the proposed rules
not be interpreted to require pilots to carry logbooks. One commenter
recommended that the regulations require a pilot to make proof of
currency available within a reasonable time upon inquiry.
Five commenters opposed the proposed additions and revisions
because they believe that they will confuse matters rather than clarify
them. Two commenters asserted that confusion will result from the fact
that different currency requirements apply to different operations. One
commenter asserted that there is no distinction between a current
certificate and a valid one.
The changes made here do not establish additional requirements on
pilots, flight instructors, and ground instructors, but merely clarify
the meaning of the rules. The FAA acknowledges the comments received on
this proposal, and therefore we decided to clarify the requirements for
[[Page 42508]]
``currency'' and ``validity'' by establishing this new Sec. 61.2.
4. This revision of Sec. 61.3(j)(3) deletes an obsolete date
We had proposed to delete the existing Sec. 61.3(j)(3) that
references obsolete dates. Section 61.3(j)(3) states ``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.'' However, Sec. 61.3(j)(3) is being revised
in the ``Part 121 Pilot Age Limit'' direct final rule, and so we have
withdrawn the proposal to delete it in this rulemaking project. We also
had proposed deleting the statement in ``Except as provided in
paragraph (j)(3) of this section'' under Sec. 61.3(j)(1). Again, we
have withdrawn this proposal, because the ``Part 121 Pilot Age Limit''
direct final rule will conform the age at which pilots may serve in
part 121 air carrier operation to the Fair Treatment for Experienced
Pilots Act, Public Law 110-135.
Two commenters supported elimination of the exception to age
limitations because the date has passed. Two commenters opposed
application of age limitations on operating privileges. One commenter
recommended relaxing the age limitations with respect to certain
operations, noting that available data does not provide a logical
basis. One other commenter argued that, irrespective of age, an
individual should be permitted to exercise all privileges if he/she can
pass the applicable medical examination.
The FAA acknowledges the comments received on this proposal. The
FAA will amend Sec. 61.3(j)(3) in the ``Part 121 Pilot Age Limit''
direct final rule.
5. This revision of Sec. 61.19(b) amends the duration of the student
pilot certificate
In the NPRM, we had proposed to revise Sec. 61.19(b) to extend the
duration period for the student pilot certificate to thirty-six
calendar months for individuals under the age of 40 years. Since we
proposed this revision, the FAA has issued the ``Modification of
Certain Medical Standards and Procedures and Duration of Certain
Medical Certificates'' final rule (73 FR 43064; July 24, 2008)
incorporating a new Sec. 61.23(d) that extended the duration of the
third class medical certificate to the ``60th month after the month of
the date of examination shown on the medical certificate'' for persons
under the age of 40 years. Therefore, we are making a conforming change
that further revises Sec. 61.19(b) to parallel with the provisions set
forth in the ``Modification of Certain Medical Standards and Procedures
and Duration of Certain Medical Certificates'' final rule.
Twelve commenters supported the proposed revision. Five commenters
supported the proposed correspondence to the duration of third class
medical certificate, but recommended that the provision also take into
account a proposed change in the duration of those certificates. One
commenter supported the proposed provision, but recommended it be
applicable to all student pilots, regardless of age. Three commenters
expressed support for increasing duration of student pilot certificates
for persons seeking a glider or balloon rating and one person
recommended that the duration also be increased for those seeking an
airship rating, because of the limited training assets available.
The FAA acknowledges the supportive comments received on this
proposal, and has made the changes and conforming changes to Sec.
61.19(b).
6. This revision of Sec. 61.19(b)(3) extends the duration period to 36
calendar months for the student pilot certificate for persons seeking a
balloon or glider rating
In the NPRM, we proposed to revise Sec. 61.19(b)(3) to extend the
duration period for the student pilot certificate for persons seeking a
balloon or glider rating to thirty-six calendar months. Since we
proposed this revision, the FAA has issued the ``Modification of
Certain Medical Standards and Procedures and Duration of Certain
Medical Certificates'' final rule (73 FR 43064; July 24, 2008) that
incorporates a new Sec. 61.23(d) that extended the duration of the
third class medical certificate to the ``60th month after the month of
the date of examination shown on the medical certificate'' for persons
under the age of 40 years. Therefore, we are making a conforming change
that further revises Sec. 61.19(b)(3) to parallel the provisions set
forth in the ``Modification of Certain Medical Standards and Procedures
and Duration of Certain Medical Certificates'' final rule. In effect,
this revision extends the duration period for the student pilot
certificate for persons seeking a balloon or glider rating to 60
calendar months after the month of the date the student pilot
certificate was issued, regardless of the age of the person. Under the
rule, persons seeking a balloon or glider rating are not required to
hold a medical certificate (See Sec. 61.23(b)(1)).
Three commenters supported the proposed increase in duration of
student pilot certificates for persons seeking a glider or balloon
rating. One commenter recommended the duration also be increased for
persons seeking an airship rating due to the limited training assets
available. The FAA has determined that the recommendation to expand
this revision to include persons seeking an airship rating is beyond
the scope of this final rule.
The FAA acknowledges the comments received on this proposal, and
has made the change and conforming changes to Sec. 61.19(b)(3).
7. This proposal would have amended Sec. Sec. 61.19(d), 61.197(a), and
61.199 to allow for the issuance of a flight instructor certificate
without an expiration date and clarifies the flight instructor
certificate reinstatement requirements
The FAA proposed in the NPRM to revise Sec. Sec. 61.19(d),
61.197(a), and 61.199 allowing issuance of flight instructor
certificates without an expiration date. After further consideration
and additional analysis and review of comments, we have determined
revising our application procedures can achieve equivalent results. We
plan to adopt a simplified application process where a flight
instructor refresher course (FIRC) provider can submit applications
directly to the FAA's Airman Certification Branch in Oklahoma City,
Oklahoma. When the flight instructor renewal applicant signs and
completes an application, the FIRC provider mails the application
directly to the FAA's Airman Certification Branch. At this point, the
FAA will prepare and issue the renewed flight instructor certificate
with a new expiration date.
We also decided to continue issuing flight instructor certificates
with expiration dates, but through a simplified application process.
This simplified application process allows for the flight instructor
renewal applicant to complete and sign new ``Flight Instructor Renewal
Application,'' FAA Form 8710-1 CFI. If the flight instructor renewal
application is a result of completing FIRC training course of training,
most FIRC providers have Airman Certification Representatives assigned
to process their flight instructor renewal applications. The FAA's
Airman Certification Branch, AFS-760, has a process in place where most
FIRC providers are now permitted to submit their flight instructor
renewal applications directly to the FAA's Airman Certification Branch.
[[Page 42509]]
Under this process, a FIRC provider's entire responsibility is to
positively identify applicant, sign application, and send to the FAA
Airman Certification Branch. The FAA's Airman Certification Branch will
then process and issue the renewed flight instructor certificate.
Although the Aircraft Owner and Pilots Association (AOPA) Safety
Foundation petitioned the FAA to issue flight instructor certificates
without an expiration date, we believe our simplified application
process provides equivalent results. Furthermore, since the AOPA Safety
Foundation petitioned for this change in 1999, the FAA believes its
changes in the application and certification process have negated the
need for the petitioned change.
8. This revision of Sec. 61.19(e) standardizes the recent experience
requirements for the ground instructor certificate
This final rule amends Sec. 61.19(e) linking currency requirements
for the ground instructor certificate with duration period
requirements. Our intent is to further clarify currency requirements
for ground instructors. Since issuance of Sec. 61.19(e), there have
been some questions about how a ground instructor remains current. By
revising Sec. 61.19(e) and linking this provision with the recent
experience requirements under revised Sec. 61.217 we provide clarity.
Four commenters supported the proposed provisions bringing ground
instructor certificate durations in line with currency requirements.
The Greater St. Louis Flight Instructor Association recommended
ground instructors be required to complete a Flight Instructor
Refresher Clinic to renew their privileges every 2 years. Such a
renewal requirement would refresh instructors on core concepts and
allow introduction of new material.
The FAA is adopting the revision as proposed in the NPRM.
9. This revision of Sec. 61.23(a)(3)(vii) provides for Examiners to
only be required to hold a third class medical certificate
Amended Sec. 61.23(a)(3)(vii) requires Examiners to hold only a
third class medical certificate. The FAA wants to parallel Examiners'
medical certificate requirements in FAA Order 8900.2. FAA Order 8900.2
requires that an Examiner hold only a third class medical certificate
when performing practical tests in an aircraft (with an exception for
Examiners administering practical tests in a glider or balloon).
Four commenters supported the provision permitting examiners to
hold only a third class medical certificate. The Greater St. Louis
Flight Instructor Association asserted that examiners should not be
required to hold a medical certificate at all, because, according to
Sec. 61.47, an Examiner is not the pilot in command (PIC). The
association further asserted that Examiners reviewing sport pilot
certificate applicants should not be required to hold a medical
certificate.
The FAA acknowledges the comments received about our proposals. We
are adopting the provision permitting Examiners only be required to
hold third class medical certificates in Sec. 61.23(a)(3)(vii).
10. This revision of Sec. 61.23(b)(3) clarifies that persons
exercising the privileges of a glider or balloon rating are not
required to hold a medical certificate
This final rule amends Sec. 61.23(b)(3) by clarifying that persons
exercising the privileges of a glider or balloon rating are not
required to hold a medical certificate. The FAA has received questions
about Sec. 61.23(b)(3). Some have asked whether the no medical
certificate requirement for operating a balloon or a glider applies
only when a person is taking a practical test for a glider or balloon
rating or whether it applies when a person is exercising the privileges
of a glider or balloon rating. The rule is intended to apply in both
situations. Section 61.23(b)(3) now clarifies that persons exercising
the privileges of their glider or balloon rating, as appropriate, are
not required to hold a medical certificate. As specified in the revised
Sec. 61.23(b)(8), a person also is not required to hold a medical
certificate when taking a practical test for a balloon or glider
rating.
Two commenters supported the proposed clarification that no medical
certificate is required to exercise private pilot privileges in a
balloon or glider. The FAA is adopting this change because it further
clarifies Sec. 61.23(b)(3) that when pilots are exercising the
privileges of their glider or balloon rating, they do not have to hold
a medical certificate.
11. This revision of Sec. 61.23(b)(7) adds situations where an
Examiner need not hold a medical certificate
This final rule amends Sec. 61.23(b)(7) to establish that when an
Examiner or a Check Airman is administering a test or check for an
airman certificate, rating, or authorization in a glider, balloon,
flight simulator, or flight training device, he/she will not be
required to hold a medical certificate. Existing Sec. 61.23(b)(7)
states that an Examiner or Check Airman is not required to hold a
medical certificate when administering a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
Two commenters supported the proposed clarification that no medical
certificate is required to administer a practical test in a glider,
balloon, flight simulator, or flight training device. The FAA is
adopting the revision as proposed in the NPRM.
12. This revision of Sec. 61.23(b)(8) adds situations where an
applicant need not hold a medical certificate
This final rule amends Sec. 61.23(b)(8) establishing when an
applicant is receiving a test or check for a certificate, rating, or
authorization in a glider, balloon, flight simulator, or flight
training device, the applicant is not required to hold a medical
certificate.
Existing Sec. 61.23(b)(8) states that an applicant is not required
to hold a medical certificate when receiving a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
Two commenters supported the proposed clarification adding that a
medical certificate is not required to undergo a practical test in a
glider, balloon, flight simulator, or flight training device.
The FAA is adopting the revision as proposed in the NPRM.
13. This revision of Sec. 61.23(b)(9) relieves military pilots of the
U.S. Armed Forces from having to obtain an FAA medical certificate
This final rule adds a new Sec. 61.23(b)(9) that, in some cases,
relieves military pilots from the requirement to have an FAA medical
certificate. Instead, military pilots must have an up-to-date medical
examination conducted by the U.S. Armed Forces, which authorizes them
to perform flight duty. This exception is for military pilots from the
U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, U.S. Coast
Guard, and National Guard and Reserve units.
The pilot's authorization for flight duty must be up to date on the
date he or she relies on the military medical authorization to qualify
for the Sec. 61.23(b)(9) exception. We are using the general phrase
``up to date'' to modify a pertinent military medical authorization
because the terminology
[[Page 42510]]
regarding flight duty/flight status varies between the Army, Navy, Air
Force, Marine Corps, Coast Guard, and National Guard and Reserve. The
exception may be only used for flights requiring privileges of an FAA
third-class medical certificate and when flying within U.S. airspace.
We have limited this exception to operations within U.S. airspace
because international standard (Annex 1 to the Convention on
International Civil Aviation) requires pilots to hold an appropriate
medical certificate from their civil aviation authority.
A conforming change has also been made to new Sec. 61.3(c)(2)(xii)
to exclude U.S. military pilots from having to carry an FAA medical
certificate when exercising the privileges of their FAA pilot
certificates. However, an up-to-date military medical examination is
required for that person's active status as a military pilot. If
requested by the FAA, the pilot will be required to show active status
as a military pilot in lieu of the FAA medical certificate. To clarify,
by ``active status'' we mean that the military pilot has an up-to-date
medical examination and clearance issued by the U.S. Armed Forces
authorizing pilot flight duty. Common military terminology for this
authorization is an ``up slip'' or medical clearance to fly.
As implied in the existing Sec. 61.39(a)(4), to be eligible for a
practical test for a certificate or rating issued under part 61, one
does not always need to hold an FAA-issued medical certificate. Under
this Sec. 61.23(b)(9) exception, a military pilot who is applying for
a practical test is only required to have completed a U.S. military
medical examination for military pilot status in lieu of holding an FAA
third-class medical certificate. The FAA has determined that medical
examinations provided by the U.S. Armed Forces provide a level of
safety that more than satisfies the standards required for an FAA
third-class medical certificate.
The FAA recognizes that each branch of the U.S. military has its
own set of medical standards required for military pilot applicants.
While there may be differences, the FAA finds that the military medical
standards met by applicants--many who will conduct complex military
exercises or combat operations--are, by nature and of necessity, more
stringent and therefore exceed minimum 14 CFR part 67 standards.
Military medical examinations also are more stringent. For example,
military pilots endure more thorough vision screening--such as for
refraction, depth perception, night vision, and intraocular tension.
Military pilots are subjected to audiometry testing during the hearing
portion of their examinations whereas civilian pilots are allowed to
choose their method of hearing test which can be a speech
discrimination test, a conversational voice test, or pure-tone
audiometry. Laboratory testing (such as glucose, lipid, hemoglobin,
serology, urinanalysis testing) and radiographic studies (such as chest
x-ray) also are conducted.
The FAA recognizes that there may not be absolute parallels in
military and civilian aviation with regard to certain procedural
screening, such as for substance abuse. For example, the FAA verifies
all medical certificate applications against information contained in
the National Driver Registry to determine whether an applicant has
failed to reveal an alcohol-related motor vehicle action. While this
may not be done in the same manner during military pilot medical
screening, military pilots are more subject to routine screening for
substance abuse than are civilian pilots. Civilian private pilots must
adhere to part 61 substance abuse standards, however they are not
subject to routine drug testing. Unlike in the civilian realm where
notice must be given, in the military realm routine screening typically
is unannounced and is observed by collectors. In addition, within a
military squadron, close observation and scrutiny of behavior is
provided by colleagues within the squadron and also by squadron flight
surgeons who work and fly with military pilots on a daily basis.
While medication usage authorized for military pilots may differ
from usage authorized by the FAA for civilian pilots, the basic
philosophy is the same--when contraindicated for flying, pilots must be
grounded. Military pilots must be approved by a flight surgeon when
taking any new medication. While military pilots are bound by standards
similar to 14 CFR 61.53, prohibiting operations during a known medical
deficiency, military pilots are more likely to be removed from flying
duties before they have to make the decision to ground themselves.
Because military oversight of pilots is branch specific, whereas FAA
oversight is much more broad-based, the military is able to ground
pilots more readily when necessary. Military pilots may not return to
flight status unless approved by a flight surgeon.
Twelve commenters supported the proposed provision excusing
military pilots who have an up-to-date military medical examination
from holding an FAA medical certificate. Six commenters recommended
that, in addition to military pilots, any military air crewmember
holding an up-to-date military medical examination be allowed to meet
FAA medical certificate requirements without actually holding an FAA-
issued medical certificate. One commenter opined that the proposed
provision appears to conflict with Sec. 61.31(c)(1) requiring pilots
to carry their medical certificates to operate as pilot in command
(PIC). Two commenters recommended that FAA clarify what constitutes
evidence of a military medical examination, and one person suggested
the FAA define ``current'' for such examinations. He/she further
recommended such examinations be current for twelve calendar months
from examination date.
The Experimental Aircraft Association (EAA) and the National
Association of Flight Instructors (NAFI) noted that Sec. Sec. 91.146
and 91.147, prescribing requirements for passenger-carrying flights for
the benefit of charitable, nonprofit, or community events, require the
event sponsor to furnish the local Flight Standard District Office
(FSDO) with a photocopy of the pilot's medical certificate. EAA and
NAFI recommended amending the proposed rule to clarify that military
pilots are eligible to conduct such flights based on their military
examination.
In response to commenters who requested any military air crewmember
holding a military medical examination (e.g., aviation weapons officer,
flight surgeon, navigator, flight crew chief, flight engineer, etc.) be
excused from FAA medical certificate requirements, we have determined
that this medical exception will only be afforded to U.S. military
pilots. We determined there are too many differences in the stringency,
standards, and durations of military medical examinations for the
various other kinds of military crewmembers to permit crewmembers other
than pilots to exercise the privileges of an FAA medical certificate
without requiring them to hold one. Therefore, this medical exception
provided in Sec. 61.23(b)(9) will only be afforded to U.S. military
pilots under the circumstances described above.
Procedurally, we envision this process to work as follows. A
military pilot's satisfactory completion of a military medical
examination from the U.S. Armed Forces, which authorizes the pilot
flight duty, is routinely recorded on a military medical clearance or
recommendation for flying form (e.g., DA Form 4186, AF Form 1042,
NAVMED 5410/2, etc.). The pilot will not need to show the actual
[[Page 42511]]
military medical examination record form. If the pilot is required to
show the FAA that he or she has an up-to-date military medical
clearance authorizing pilot flight duty on a given day, the pilot will
only need to show the FAA a copy of the official U.S. military pilot
flight documentation record, which indicates the pilot's flight status
and his or her medical standing.
We do not find that the proposed exception conflicts with Sec.
61.31(c)(1), requiring pilots to carry their medical certificates to
operate as PIC. Since military pilots do not carry an actual document
of their military medical examination, they are excused from having to
carry a medical certificate when exercising the privileges of their FAA
pilot certificates. We have provided a discussion and explanation of
this matter in the preceding paragraphs.
Responding to the EAA and NAFI comment regarding Sec. Sec. 91.146
and 91.147 requirements for passenger-carrying flights benefiting
charitable, nonprofit, or community events, military pilots are not
required to hold an FAA medical certificate under our new Sec.
61.23(b)(9). This means that the military medical examination normally
could not be used for flights engaged in the carriage of passengers or
property for compensation or hire. However, under Sec. 61.113(b) there
are some limited exceptions for private pilots holding a third-class
medical certificate, and the military pilots qualifying for our new
Sec. 61.23(b)(9) would qualify for the Sec. 61.113(b) exceptions as
well.
In response to the commenter requesting we define ``current''
(i.e., proper duration) for the purposes of a U.S. military medical
examination, the U.S. military duration standard for examinations for
pilot flight status is typically one year, though some may be as short
as six calendar months or as long as eighteen calendar months. However,
the specific duration requirements for U.S. military medical
examinations are governed by the U.S. Armed Forces, not the FAA. Also,
the military has procedures in place similar to the civil requirements
of Sec. 61.53 prohibiting flight duty when they are unable to meet
medical requirements.
14. This revision of Sec. 61.29(d)(3) deletes the requirement for a
person to furnish their Social Security Number
This final rule no longer requires that a person requesting
replacement of a lost or destroyed airman certificate, medical
certificate, or knowledge test report furnish his/her Social Security
Number. The FAA by law cannot require a person to furnish his/her
Social Security Number. However, a person may voluntarily provide his/
her Social Security Number to establish his/her identity. In addition,
we have added clarifying language in Sec. 61.29(d)(4) explaining what
information is required in the letter from a person who requests
replacement of a lost or destroyed medical certificate.
Six commenters supported elimination of having to furnish a Social
Security Number for a replacement certificate. One commenter objected
to our proposal arguing that a Social Security Number should be
furnished at all times. The FAA acknowledges the comments received
about this proposal. Federal Law restricting release of Social Security
Numbers is controlling over FAA regulations. Therefore, the FAA is
adopting the revision as proposed in the NPRM.
15. This revision deletes the duplication in Sec. 61.31(d)(2) by
deleting the rule
This final rule deletes Sec. 61.31(d)(2) that required a pilot in
command (PIC) to receive ``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.''
The FAA has received inquiries about the difference between paragraphs
(d)(2) and (d)(3) and found that they are conflicting. We also found
that paragraph (d)(2) conflicts with Sec. 61.51(e)(1)(i).
When the FAA initially revised Sec. 61.31(d), we were considering
a new phrase ``supervised PIC flight'' that would allow a PIC in
training to act as an aircraft's PIC if properly supervised by their
flight instructor. (See 60 FR 41160, 41227; August 11, 1995). The
``supervised PIC flight'' concept was not adopted in the final rule,
but paragraph (d)(2) erroneously remained in the final rule (See 62 FR
16220; April 4, 1997). Paragraph (d)(3) of Sec. 61.31 details FAA's
PIC requirements and Sec. 61.51(e)(1)(i) for logging PIC flight time.
Three commenters supported changes to Sec. 61.31(d). One commenter
noted that under proposed Sec. Sec. 61.31(d)(2) and 61.51(e)(1), a
pilot not rated for a category or class of aircraft could, without time
limitation, log PIC flight time in that category or class of aircraft
once he/she received a solo flight endorsement. The commenter suggested
the FAA put a duration limitation on solo endorsements similar to the
90-day limitation on solo endorsements issued to student pilots.
The FAA acknowledges the comments received about this proposal. The
90-day limitation on solo endorsements is for student pilots, not rated
pilots. Therefore, the FAA is deleting Sec. 61.31(d)(2) as proposed in
the NPRM.
16. This revision adds a new Sec. 61.31(k) that provides training and
qualification requirements for pilots who want to operate with night
vision goggles
This final rule creates a new Sec. 61.31(k) that will require
ground and flight training and a one-time instructor endorsement for a
pilot to act as PIC during night vision goggle (NVG) operations. This
final rule ``grandfathers'' PICs previously qualified as PIC for NVG
operations under Sec. 61.31(k). Under new subparagraph (k)(3), a pilot
will not need the ``one-time'' NVG training and endorsement provided
the pilot can document having satisfactorily accomplished any of the
following pilot checks for using NVGs in an aircraft:
Completion of an official pilot proficiency check for
using NVGs and that check was conducted by the U.S. Armed Forces; or
Completion of a pilot proficiency check for using NVGs
under part 135 of this chapter and that check was conducted by an
Examiner or a Check Airman.
Three commenters generally supported the training requirements for
NVG operations. The Aircraft Owners and Pilots Association (AOPA)
supported the general concept of defining and addressing NVG
operations, while urging deference to NVG users on specific operational
details of proposed provisions. The General Aviation Manufacturers
Association (GAMA) suggested the FAA consider recommendations from both
the 2000 Aviation Rulemaking Advisory Committee (ARAC) with respect to
NVG operations and the September 7, 2005 part 135/125 Aviation
Rulemaking Committee (ARC).
American Eurocopter and the Helicopter Association International
(HAI) objected to the requirement for training on the preparation and
use of internal and external lighting systems for NVG operations. They
asserted that external lighting systems of helicopters should require
no preparation for NVG operations and if external lights are
interfering with operations, they can be turned off. The commenters
supported the proposed rule to the extent the requirement refers to
training in the use of existing external lighting. Eurocopter and HAI
also supported qualified law enforcement personnel NVG operations
training and endorsement requirements.
Four comments were submitted by representatives of law enforcement
agencies or entities involved in training law enforcement personnel in
NVG
[[Page 42512]]
operations. These commenters noted NVG flight operations are conducted
on a wide scale by law enforcement agencies and civilian public service
operators. These four commenters proposed that pilots who have
completed a formal NVG training course administered by an NVG
manufacturer or authorized trainer or instructor and have logged twenty
hours as PIC in NVG operations should be excused from the NVG
operations training and endorsement requirements. An exemption from NVG
operations training and endorsement should also be granted to U.S.
Armed Forces pilots with NVG or part 135 experience. One commenter
objected to NVG operations by the general flying public and stated use
outside of law enforcement should be prohibited. The commenter asserted
the risks of such use outweigh any potential benefit. The commenter
also recommended use of NVG by law enforcement personnel should be
addressed by a stand alone rulemaking.
The FAA appreciates the diverse comments received on our NVG
training and qualification requirement proposal. The NVG ground and
flight training in Sec. 61.31(k) include recommendations from the 2000
ARAC and part 125 and 135 ARCs. We have further reviewed the ground and
flight training in Sec. 61.31(k) to ensure that the ground and flight
training requirements conform to industry recommendations. The FAA
agrees with the commenters and has further revised Sec. 61.31(k)
accordingly. The FAA has added a new paragraph (iii) to Sec.
61.31(k)(3) to incorporate these recommendations.
In response to the recommendation about preparation of external
lighting systems, we have revised the rule text to clarify the intent.
We agree that a pilot does not have ability to prepare external
lighting systems and thus we have revised the language in Sec.
61.31(k)(2)(i). We have replaced the word ``preparation'' with
``preflight'' to clarify the intent for a pilot to preflight the
internal and external aircraft lighting systems.
Finally, we do not agree that NVG operations should be restricted
to law enforcement personnel. There are legitimate civilian uses for
NVG, and our rule for training and qualifications will benefit law
enforcement and other users of NVG. This final rule includes provisions
to excuse law enforcement pilots who have completed a formal NVG
training course administered by an NVG manufacturer or authorized
trainer or instructor and have logged 20 hours as PIC in NVG operations
from the training and endorsement requirements for NVG operations. This
would be in addition to excusing pilots with NVG experience in the U.S.
armed forces or in operations under part 135. For the above reasons,
the FAA is adopting the ground and flight training requirements for NVG
qualifications in Sec. 61.31(k).
17. This revision adds a new Sec. 61.35(a)(2)(iv) that requires proof
of current residential address at the time of application for a
knowledge test
New Sec. 61.35(a)(2)(iv) clarifies when a person's permanent
mailing address is a P.O. Box, the person must show proof of their
current residential address at the time of application for a knowledge
test. The purpose of this change is to conform the instructions in
revised Sec. 61.35(a)(2)(iv) with instructions in existing Sec.
61.60.
Three commenters opposed the proposed provision requiring an
applicant for a knowledge test to provide proof of a current
residential address, asserting a knowledge test alone does not result
in the issuance of a certificate or rating. Two other commenters noted
that proof of residence is not required for an airman application,
although airmen are required to notify the FAA of changes of address
before exercising privileges. One commenter argued since proof of
residential address is required for a practical examination, requiring
it for a knowledge test is redundant and unnecessary.
The FAA acknowledges the comments received on this proposal. The
essence of this change is merely to further clarify the intent of the
existing rule and no substantive change is being made to the rule. The
FAA is adopting the revision as proposed in the NPRM.
18. This revision of Sec. 61.39(b)(2) deletes the word ``scheduled''
in front of the phrase ``U.S. military air transport operations''
Revised Sec. 61.39(b)(2) deletes the word ``scheduled'' in front
of the phrase ``U.S. military air transport operations'' because there
is no such thing as ``scheduled'' U.S. military transport operations.
One commenter supported the proposed deletion. The FAA is adopting the
revision as it was proposed in the NPRM.
19. This revision of Sec. 61.39(c)(2) deletes the phrase ``or a class
rating with an associated type rating'' in reference to the endorsement
exception for applying for an additional aircraft class rating
Revised Sec. 61.39(c)(2) deletes the phrase ``or a class rating
with an associated type rating'' for persons who are applying for an
additional aircraft class rating. In Sec. Sec. 61.39(a)(6) and
61.63(c), the rules require an applicant for a practical test for an
additional aircraft class rating to receive a logbook or training
record endorsement from an authorized instructor. Existing Sec.
61.39(c)(2) incorrectly suggests that an endorsement is not required
for an applicant for an aircraft class rating. This final rule amends
Sec. 61.39(c)(2) by removing the phrase ``or a class rating with an
associated type rating'' which clarifies that the rule does not exempt
applicants for an aircraft type rating from having to receive an
endorsement from an authorized instructor.
One commenter supported the deletion of the instructor endorsement
exception for an additional class rating. The FAA acknowledges the
comment received on this proposal. The purpose of this change is to
correct a mistake in the former Sec. 61.39(c)(2). No substantive
changes have been made to Sec. 61.39(c)(2), and we are adopting the
revision as proposed in the NPRM.
20. This revision of Sec. 61.39(d) and (e) clarifies the time frame
for completing a practical test
This revision amends the phrase ``60 calendar days'' in Sec.
61.39(d) and (e) to read ``2 calendar months.'' Our proposed change
makes it simpler to calculate the time for when a segmented practical
test must be completed. An applicant who accomplishes a segmented
practical test will be required to complete the entire practical test
within two calendar months after beginning the test. For example, an
applicant who starts the oral portion of the practical test on July 2,
2008, will have to complete the remaining portions of the practical
test (i.e., simulator/training device check and aircraft flight check)
before the end of September 2008. Additionally, we have further revised
Sec. 61.39(a)(6)(i) because we failed to propose a change of ``60
days'' to read ``2 calendar months'' in the rule. This was an
inadvertent oversight and spotted by a commenter during NPRM review.
Ten commenters supported the proposed change in the time in which a
practical test must be completed. One commenter asserted that if the
time for completion of a practical test is changed to two calendar
months, the validity period of the flight instructor endorsement must
likewise be changed. LeTourneau University recommended the currency
requirements of Sec. 61.57(a)(1) and (b)(1) also be changed from
ninety days to three calendar months. Another commenter generally
supported bringing all time requirements in line by using a calendar
month basis, but objected that the
[[Page 42513]]
proposed rule, as written, could give pilots up to 3 months to complete
a practical test. The commenter's assessment is correct, and the new
rule change will allow a pilot to have up to three months to complete a
practical test.
The FAA also agrees with the recommendation to revise the validity
period for flight instructor endorsement from ``60 days'' to read ``2
calendar months'' because of our inadvertent oversight in not proposing
this change in Sec. 61.39(a)(6)(i). Therefore, further revised Sec.
61.39(a)(6)(i) now reads: ``Has received and logged training time
within 2 calendar months preceding the month of application in
preparation for the practical test.''
21. This revision of Sec. 61.43(b) will clarify when an applicant has
the choice to perform the practical test as a single pilot or use a
second in command
This final rule has revised Sec. 61.43(b) to clarify when an
applicant can perform the practical test as a single pilot or use a
second in command. If a second in command pilot is used under new Sec.
61.43(b)(3), the limitation ``Second in Command Required'' will be
placed on the applicant's pilot certificate. This final rule revises
Sec. 61.43(a) by moving old Sec. 61.43(a)(5) into revised Sec.
61.43(b).
Under new Sec. 61.43(b)(1), if the aircraft's FAA-approved
aircraft flight manual requires the pilot flight crew complement be a
single pilot, then the applicant will be required to demonstrate single
pilot proficiency on the practical test. Under new Sec. 61.43(b)(2),
if the aircraft's type certification data sheet requires the pilot
flight crew complement be a single pilot, then the applicant is
required to demonstrate single pilot proficiency on the practical test.
The Cessna 172, Cessna 310, Piper Malibu (PA-44), and Beech Baron (BE-
58) are examples of aircraft whose flight manuals and/or type
certification data sheets require the pilot flight crew complement be a
single pilot.
Under new Sec. 61.43(b)(3), if the FAA Flight Standardization
Board report, FAA-approved aircraft flight manual, or aircraft type
certification data sheet allows the pilot flight crew complement to be
either a single pilot, or a pilot and a copilot, then the applicant may
perform the practical test as a single pilot or with a copilot. If the
applicant performs the practical test with a copilot, the limitation of
``Second in Command Required'' will be placed on the applicant's pilot
certificate. Under new Sec. 61.43(b)(3), the ``Second in Command
Required'' limitation may be removed if and when the applicant passes
the practical test by demonstrating single-pilot proficiency in the
aircraft in which single-pilot privileges are sought.
Examples of aircraft for which an FAA Flight Standardization Board
has approved the minimum pilot flight crew complement to be either a
single pilot, or a pilot with a copilot, are certain models of the
Beech 300, Beech 1900C, and Beech 1900D airplanes that received
certification under SFAR 41; certain models of the Empresa Brasileira
de Aeronautica EMB 110 airplanes that received certification under SFAR
41; and certain models of the Fairchild Aircraft Corporation SA227-CC,
SA227-DC, and other Fairchild commuter category airplanes on that same
type certificate that received certification under SFAR 41 and that
have a passenger seating configuration, excluding pilot seats, of nine
seats or less and the airplane's type certificate authorizes single
pilot operations.
The Cessna 501, Cessna 525, Cessna 551, Raytheon 390, and Beech
2000 are examples of aircraft whose flight manuals and/or type
certification data sheets allow the minimum pilot flight crew
complement to be either a single pilot, or a pilot with a copilot.
Two commenters supported the proposed clarifications of
circumstances under which a pilot may complete a practical test with a
copilot present. The FAA is adopting the revision as proposed in the
NPRM.
22. This revision of Sec. 61.45(a)(2)(iii) will define what is a
military aircraft for the purpose of a practical test
Revised Sec. 61.45(a)(2)(iii) will clarify the definition of a
``military aircraft'' when used in a practical test. Recently, there
has been some confusion about whether it is permissible to use a
surplus military aircraft with no civilian aircraft type designation
for an airman certificate or rating practical test. Some applicants
have requested to use a surplus military OH-58 Army helicopter for
their practical test. As these surplus military helicopters are not
Bell BH-206 helicopters, they do not have a civilian type designation.
The FAA has determined it is not permissible to use these surplus
former military aircraft for completing a practical test.
Revised Sec. 61.45(a)(2)(iii) will now define a ``military
aircraft'' as an aircraft under the direct operational control of the
U.S. Armed Forces. Under this definition, surplus military aircraft are
not military aircraft because they are not under the direct operational
control of the U.S. military.
Three commenters, including HAI, objected to the proposed
definition and exclusion from civilians using surplus military aircraft
on a practical test. Two commenters asserted that any aircraft that
satisfies equipment requirements and is deemed safe for operation
should be eligible for a practical test. They further argued that the
checking of pilots who use these aircraft exclusively would enhance
safety. One commenter asserted that the operation of historical
aircraft should be encouraged. All commenters opposing the proposed
provision recommended the FAA issue special airworthiness certificates
for such aircraft. The EAA and NAFI objected to the use of the term
surplus military aircraft, and recommended the FAA use the industry-
accepted term, ``former military aircraft.''
The purpose of our rule change is to clarify the existing rule, and
no substantive changes are being made. Regarding EAA and NAFI's
recommendation that the FAA use industry-accepted term ``former
military aircraft,'' the rule language in Sec. 61.45(a)(2)(iii) does
not use either term of ``surplus military aircraft'' or ``former
military aircraft.'' The rule merely defines when military aircraft
experience is applicable for a certificate or rating.
23. This revision of Sec. 61.45(c) will except lighter-than-aircraft,
and gliders without an engine, from the requirement that 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
This final rule amends Sec. 61.45(c) by excepting lighter-than-
aircraft, and gliders without an engine, from requirement that aircraft
used for a practical test must have engine power controls and flight
controls easily reached and operable in a conventional manner by both
pilots. Except for engine-powered gliders, most gliders do not have
engine power controls.
Three commenters supported the proposed provision excepting gliders
from the requirement that aircraft used for a practical exam have
engine power controls and flight controls easily reached and operable
by both pilots. One commenter opposed the proposed provision, asserting
that motor gliders or self-launch gliders have power controls. The
commenter argued that, even without the proposed provision, the
Examiner has discretion to still permit gliders not meeting
specifications be used for the practical test. One commenter supported
the proposed provision. The commenter
[[Page 42514]]
acknowledged that some gliders may have engine controls not easily
reached by both pilots, but that this should not preclude an Examiner's
determination that a practical test can be safely conducted.
The FAA agrees with the comments that Sec. 61.45(c) requires
further clarification to differentiate between gliders that are
unpowered and those that have an engine. Section 61.45(c) is further
revised by adding phrase ``without an engine'' in reference to gliders.
24. This revision of Sec. 61.51(b)(3)(iv) will provide for logging
night vision goggle time
Revised Sec. 61.51(b)(3)(iv) adds a provision that in order to log
``night vision goggle time'' compliance with the training time and
aeronautical experience must be demonstrated when acting as pilot in
command (PIC) for night vision goggle (NVG) operations. The logging of
NVG time will be permitted when performed in an aircraft in flight, in
a flight simulator, or in a flight training device.
The Aircraft Owners and Pilots Association (AOPA) supported the
concepts of defining and addressing night vision goggle operations,
while deferring to NVG users on the specific details of the proposed
provisions. American Eurocopter and HAI argued pilots conducting NVG
operations should be permitted to log both NVG time and night flight
time. These commenters stated a pilot's peripheral vision is not
affected and the same cockpit management skills are required for both
NVG time and flight time. Two commenters asserted existing Sec.
61.51(b) is adequate to address logging of NVG time and adding ``while
using night vision goggles'' would suffice for clarity.
Regarding comment about whether NVG flight time may also be logged
as night flight time, the revision to Sec. 61.51(b)(3)(iv) does not
prohibit the logging of NVG flight time and night flight time
simultaneously. It is acceptable for a person to log both NVG flight
time and night flight time if the conditions of flight occur during
nighttime. The logging of nighttime for recency of experience must be
``during the period beginning 1 hour after sunset and ending 1 hour
before sunrise.'' (See Sec. 61.57(b)(1)).
The FAA acknowledges the comments received about this proposal. We
are not revising or withdrawing the proposal.
25. This revision of Sec. 61.51(e)(1) will correct an omission of the
words ``airline transport pilot'' regarding logging of pilot in command
flight time
Because existing Sec. 61.51(e)(1) does not include ``airline
transport pilots'' it may appear airline transport pilot (ATP)
certificate holders do not have the same pilot in command (PIC) logging
privileges as sport pilots, recreational pilots, private pilots, and
commercial pilots. This final rule adds ``airline transport pilot'' to
Sec. 61.51(e)(1) to avoid any further confusion. In addition, we have
adopted a commenter's recommendation the FAA also add ``sport pilot''
to Sec. 61.51(e)(1).
Five commenters supported the proposed provision permitting ATPs to
log PIC flight time. Three commenters opposed the proposed rule's
omission of sport pilots from the list of pilots permitted to log PIC
flight time and recommended their inclusion. We agree with the
recommendation that holders of a sport pilot certificate should be able
to log PIC flight time. Therefore, we have revised Sec. 61.51(e)(1) to
include holders of sport pilot certificates as those who are allowed to
log PIC flight time.
26. This revision of Sec. 61.51(e)(1)(iv) will permit a pilot
performing the duties of pilot in command while under the supervision
of a qualified pilot in command to log pilot in command flight time
Revised Sec. 61.51(e)(1)(iv) will allow a pilot performing the
duties of a pilot in command (PIC) while under the supervision of a
qualified PIC to log PIC flight time. The FAA is making this revision
to provide another way for commercial pilot certificate or airline
transport pilot certificate holders to log PIC flight time.
The pilot performing the duties of a PIC will be required to hold a
commercial pilot certificate or airline transport pilot certificate
with the aircraft rating appropriate to the category and class of
aircraft being flown, if a class rating is appropriate. The pilot must
be under the supervision of an appropriately qualified PIC.
Additionally, the pilot who is performing PIC duties is required to
undergo an approved PIC training program consisting of ground and
flight training on the following areas of operation: pre-flight
preparation, preflight procedures, takeoff and departure phase, in-
flight maneuvers, instrument procedures, landings and approaches to
landings, normal and abnormal procedures, emergency procedures, and
post-flight procedures.
The supervising PIC will be required to hold either a commercial
pilot certificate or ATP certificate, and flight instructor
certificate. In addition, the supervising PIC must hold the appropriate
aircraft rating (i.e., category, class, and type of aircraft being
flown, if a class or type rating is required). The supervising PIC must
log the PIC training given in the pilot's logbook, certify having given
the PIC training in the pilot's logbook, and attest to that
certification with his/her signature, flight instructor certificate
number, and expiration date, or ATP certificate number, as appropriate.
This revision parallels and further clarifies the provisions in revised
Sec. 61.129 and existing Sec. Sec. 61.31(d), 61.159(a)(4),
61.161(a)(3), and 61.163(a)(3) for PIC aeronautical experience.
AOPA supported the concept, but believed the proposed rule was
unclear and would lead to confusion. AOPA recommended rewriting the
proposed regulatory text to include a matrix text showing conditions
under which a pilot may log time as PIC. Four commenters supported the
proposed provisions clarifying logging of PIC flight time by pilots
acting as PIC under supervision. One commenter questioned whether the
proposed provisions are targeted toward pilots working toward advanced
certificates, ratings, or authorizations after receiving their
commercial pilot certificates.
Four commenters asserted the proposed provisions are unnecessary,
as pilots acting as PIC under supervision are already permitted to log
PIC flight time under other sections of the regulations. The Greater
St. Louis Flight Instructor Association objected to the proposed
provisions arguing there is a trend toward pilots having inadequate
true solo experience; it believes the proposed rule would result in
pilots building time without accruing real experience. One commenter
opposed application of the proposed provision other than in operations
or aircraft requiring a second in command (SIC) (e.g., operation of
light single engine airplanes under part 91). The commenter did not
consider a required safety pilot to be an SIC. One commenter objected
to requiring endorsement of the acting PIC's logbook by the supervising
PIC. The commenter asserted that the training contemplated by the
proposed rule is recorded in training records, not logbooks. One
commenter recommended pilots logging PIC flight time under supervision
also be required to log dual instruction time.
This rule is designed to allow operators to train new hires to
eventually become PICs. The rule was
[[Page 42515]]
initially petitioned for by Saudi Aramco. Saudi Aramco wanted
permission to allow new hires' training in their Bell 214 helicopter to
eventually become PICs in the company and allow logging PIC flight time
while under the supervision of more experienced and senior PICs. This
rule does require pilots to hold at least a commercial pilot
certificate and requires those performing supervising PIC duties must
hold either a commercial pilot certificate or airline transport pilot
certificate, and flight instructor certificate with the appropriate
category and class of aircraft being flown, if a class rating is
appropriate.
A pilot may log PIC flight time when performing the duties of the
PIC while under the supervision of the Sec. 1.1 PIC. The FAA believes
the rule is abundantly clear that a person may log PIC flight time when
performing the duties of the PIC while under the supervision of the
PIC, provided both the person who is performing the duties of the PIC
and the supervising PIC meet the requirements of the rule.
After consideration of all the comments received, the FAA is
adopting the revision as proposed in the NPRM.
27. This revision of Sec. 61.51(g)(4) conforms the rule for logging of
instrument time in a flight simulator, flight training device, and
aviation training device to existing policy
This final rule amends Sec. 61.51(g)(4) to allow logging of
instrument time in a flight simulator (FS), flight training device
(FTD), or aviation training device (ATD) conforming to existing
regulation or policy. An authorized instructor (See Sec. 61.1(b)(2))
must be present in the FS, FTD, or ATD when instrument training time is
logged for training and aeronautical experience for meeting the
requirements for a certificate, rating, or flight review (See Sec.
61.51(a)). The instructor must sign the person's logbook verifying
training time and session content.
Examples of situations in which an authorized instructor will be
considered present would be where an authorized instructor is seated at
a center control panel in a flight simulation lab and is monitoring
each student's performance from control panel display. Another example
would be a situation where an instructor assigns a student several
instrument tasks and then leaves the room. In such cases, if the flight
training device has a monitoring and tracking system that allows the
authorized instructor to review the entire training session, the
instructor need not be physically present. Another example would be a
situation where one authorized instructor monitors several students
simultaneously in the same room at a flight simulation lab.
Six commenters supported the proposed provisions clarifying
requirements for use of flight simulators, flight training devices and
aviation training devices. Three commenters supported the proposed
provisions regarding logging of training performed using an aviation
training device. ALPA recommended a limitation be placed on the number
of students an instructor may supervise, suggesting an instructor be
permitted to oversee no more than three students simultaneously. For
economic reasons, one commenter supported the specific provision that
an instructor may oversee training of more than one pilot
simultaneously.
Flight Safety International observed that flight schools and
training centers often track training in records other than a logbook,
and recommended proposed Sec. 61.51(g)(4) be revised to require
signing of a logbook or training record.
The FAA agrees that training permitted to also be logged in a
training record. Section 61.51(g)(4) has been rewritten.
On whether to limit the number of students a single instructor may
supervise, we did not propose such a restriction in the NPRM.
Therefore, to require such a restriction would be beyond the scope of
this final rule. The FAA is adopting the final rule as described above.
28. This revision of Sec. 61.51(j) will establish the aircraft
requirements for when a pilot may log ``flight time''
Revised Sec. 61.51(j) establishes the aircraft and aircraft
airworthiness requirements for when a pilot may log flight time. To log
flight time and meet the part 61 aeronautical experience requirements
for a certificate, rating, or recent flight experience, the aircraft
must have been issued either a standard or special airworthiness
certificate (except for U.S. military aircraft flown by U.S. military
pilots and under the direct operational control of the U.S. Armed
Forces or public aircraft flown by pilots of a Federal, State, county,
or municipal law enforcement agency). Special airworthiness
certificates include primary, restricted, limited, light-sport, and
provisional airworthiness certificates, as well as special flight
permits and experimental airworthiness certificates (See Sec.
21.175(b)).
Section 61.51(j) has been further revised to correct an error in an
earlier version of the rule that prevented the logging of flight time
in aircraft issued special airworthiness certificates in the light-
sport category, provisional airworthiness certificates, and special
flight permits.
This revision will codify existing FAA policy under FAA Order
8900.1, Volume 5, Chapter 2, Section 5, page 3, paragraph 5-315 B.,
which states:
B. Logging Time. Unless the vehicle is type-certificated as an
aircraft in a category listed in Sec. 61.5(b)(1) or as an
experimental aircraft, or otherwise holds an airworthiness
certificate, flight time acquired in such a vehicle may not be used
to meet requirements of part 61 for a certificate or rating or to
meet recency of experience requirements.
The FAA has received several inquiries whether it is permissible to
use surplus military aircraft that do not hold a civilian type
designation as an aircraft or an airworthiness certificate for logging
flight time to meet the part 61 requirements for a certificate, rating,
or recent flight experience. The FAA's response has been that the
aircraft must be of the category, class (if class is applicable), and
type (if type is applicable) listed under Sec. 61.5(b)(1) through (7),
or the aircraft must hold an experimental airworthiness certificate.
American Eurocopter and HAI objected to the requirement that an
aircraft be issued an airworthiness certificate for a pilot to log time
in it, noting some aircraft have not been issued airworthiness
certificates and may be legally operated without adversely affecting
safety. The commenters asserted pilots exclusively operating aircraft
without airworthiness certificates will be discouraged from training,
which will negatively impact safety. The commenters recommended the FAA
create a designation for surplus military aircraft meeting the intent
of the rule to permit training and examination in such aircraft. One
commenter interpreted proposed Sec. 61.51(j) as prohibiting law
enforcement pilots from logging time in surplus military aircraft,
noting ability of military pilots to log time in identical aircraft and
the ability of sport pilots to log time in uncertified aircraft.
One commenter implied that proposed Sec. 61.51(j) would not permit
a sport pilot to log time in aircraft other than light sport aircraft.
The commenter questioned whether such a pilot should be able to log
training received in such aircraft, and suggested that the proposed
Sec. 61.51(j)(2) be deleted, because Sec. 61.51(e)(1) already
prevents sport pilots from logging PIC time in other than light sport
aircraft. One commenter questioned whether special operating light
sport aircraft (SLSA) should be
[[Page 42516]]
included in the acceptable airworthiness certificate criteria in
proposed Sec. 61.51(j)(1). The commenter also recommended the section
require that an acceptable airworthiness certificate be current and
valid.
One commenter asserted proposed Sec. 61.51(j) may conflict with
Sec. 61.52, permitting logging of time in ultralight aircraft toward a
sport pilot certificate. The commenter also asserted that a prohibition
on logging time in surplus military aircraft will discourage
maintenance of national historic assets.
The purpose of the change is to parallel the rule with existing
policy in FAA Order 8900.1, Volume 5, Chapter 2, Section 5, page 3,
paragraph 5-315 B and the statutory requirements in Public Law 106-424.
The FAA disagrees the rule prohibits law enforcement pilots from
being permitted to log flight time. Section 61.51(j)(4) allows logging
of flight time if the pilot is engaged in official law enforcement
duties in a public aircraft under the direct operational control of a
Federal, State, county, or municipal law enforcement agency. Public Law
106-424 (November 1, 2000) provides, in pertinent part, that pilots of
a Federal, State, county, or municipal law enforcement agency may log
flight time for the purposes of meeting the aeronautical experience
requirements for a certificate, rating or recent flight experience
under part 61 in limited cases. The stipulation is that the law
enforcement pilot must be operating a public aircraft, as defined under
49 U.S.C. 40102; the aircraft must be identified as a category and
class of aircraft listed under Sec. 61.5(b); and the aircraft is being
used in law enforcement activities of a Federal, State, county, or
municipal law enforcement agency.
The FAA does not find that rule language in Sec. 61.51(j)
conflicts with Sec. 61.52. The FAA has always made a distinction
between the term ``aircraft'' and ``ultralight vehicle.'' Section
61.51(j) applies to an aircraft that is identified as an aircraft under
Sec. 61.5(b). Section 61.52 applies to the use of aeronautical
experience obtained in ``ultralight vehicles.''
As previously stated, the FAA has further revised Sec. 61.51(j)(1)
to permit a sport pilot to log flight time in light-sport aircraft that
hold either a standard or special airworthiness certificate. Under
Sec. 61.51(j)(1), the rule permits pilots (including a holder of a
sport pilot certificate) to log flight time in an aircraft of U.S.
registry with either a standard or special airworthiness certificate.
Under Sec. 61.51(j)(1), we have further revised the rule to permit the
logging of flight time in an aircraft of U.S. registry with either a
standard or special airworthiness certificate. Under Sec. 21.175(b), a
special airworthiness certificate includes aircraft that have been
issued a primary, restricted, limited, light-sport, or a provisional
airworthiness certificate, special flight permit, or experimental
airworthiness certificate. Therefore, a special operating light sport
aircraft (SLSA) is covered by Sec. 61.51(j)(1) for the purpose of
being allowed to log flight time.
29. This revision of Sec. 61.51(k) will establish the criteria and
standards for logging NVG time
Revised Sec. 61.51(k) establishes criteria and standards for
logging night vision goggle (NVG) time by revising the minimum
information entered when logging time in a pilot's logbook. Under new
Sec. 61.51(k)(3), the required information for logging NVG time are
the logbook entries under Sec. 61.51(b).
Under the revision, a pilot may log NVG time using NVGs as the sole
visual reference of the surface in an operation conducted in an
aircraft at night (during the period beginning one hour after sunset
and ending one hour before sunrise) in flight. Alternatively, a pilot
may log NVG time in a flight simulator or in a flight training device
provided the flight simulator or flight training device's lighting
system has been adjusted to replicate the period beginning one hour
after sunset and ending one hour before sunrise.
Under new Sec. 61.51(k)(2), the rule will establish when an
authorized instructor may log NVG time. The instructor must be
conducting NVG training and must be using NVG as the sole visual
reference of the surface. The time must be in an aircraft operated at
night in flight, or in a flight simulator or flight training device
with the lighting system adjusted to represent the period beginning one
hour after sunset and ending one hour before sunrise.
As elsewhere in this final rule document, AOPA supported the
general concept of defining and addressing NVG operations, while
deferring to NVG users on specific details of the proposed provisions.
Two commenters asserted existing Sec. 61.51(b) and Sec. 61.57(a)(3)
are adequate and only require adding phrase ``while using night vision
goggles.'' Two commenters asserted pilots conducting NVG operations
should be permitted to log both NVG time and night flight time. These
commenters believed a pilot's peripheral vision is no different under
the two conditions and the same cockpit management skills are required
for both NVG time and night flight time.
Two commenters recommended clarifying that NVG should not be used
as the sole visual reference to the surface, stating NVG should only be
used to enhance abilities during night VFR flight.
In regards to the comment about whether NVG flight time may also be
logged as night flight time, the revision to Sec. 61.51(b)(3)(iv) does
not prohibit the logging of NVG flight time and night flight time
simultaneously. It is perfectly acceptable for a person to log both NVG
flight time and night flight time if the conditions of flight occur
during nighttime. The logging of night flight time for currency
purposes is the flight must occur ``during the period beginning one
hour after sunset and ending one hour before sunrise'' (See Sec.
61.57(b)(1)). Night flight time, for other than the night currency
purposes of Sec. 61.57(b)(1), may be logged when the flight occurs
during the nighttime conditions as defined in Sec. 1.1 of this chapter
(i.e., ``Night'' means the time between the end of evening civil
twilight and the beginning of morning civil twilight, as published in
the American Air Almanac, converted to local time).
The essence of our changes is clarifying the rule's intent and no
substantive changes are being made. Therefore, the FAA is adopting the
revision to Sec. 61.51(b)(3)(iv).
30. This revision of Sec. 61.57(c) amends the instrument recent flight
experience tasks and iterations and allows use of aviation training
devices, flight simulators, and flight training devices for maintaining
instrument recent flight experience
The FAA has decided to withdraw the referenced proposal to amend
the instrument tasks for maintaining instrument currency because the
proposed tasks were opposed by an overwhelming majority of the
commenters. As a result of our decision to withdraw this proposal, the
instrument tasks for maintaining instrument currency under Sec.
61.57(c) will remain as:
Six instrument approaches.
Holding procedures and tasks.
Intercepting and tracking courses through the use of
navigational electronic systems.
This final rule amends Sec. 61.57(c) to allow use of aviation
training devices (ATD), flight simulators (FS), and flight training
devices (FTD) for maintaining instrument recent flight experience.
Revising Sec. 61.57(c) will further clarify that a person who acts as
pilot in command (PIC) under instrument flight rules (IFR) or weather
conditions at less
[[Page 42517]]
than the minimums prescribed for visual flight rules (VFR) must look
back 6 calendar months from the month of the flight to determine
whether the instrument flight experience requirements were met.
In order to maintain instrument flight experience in airplanes,
powered-lifts, helicopters, and airships, the revision requires the
pilot perform and log the instrument flight experience in an airplane,
powered-lift, helicopter, or airship appropriate to the category of
aircraft for the instrument rating privileges the pilot desires to
maintain. This instrument flight experience could be completed in
either actual instrument meteorological conditions (IMC) or under
simulated instrument conditions with use of a view-limiting device.
Subject to certain limitations, a pilot may choose completing his/
her instrument experience requirements in an aircraft and/or through
use of an FS, FTD, or ATD. The simulation devices must be
representative of the category of aircraft suitable for the instrument
rating privileges that the pilot desires to maintain.
Under new Sec. 61.57(c)(2), a person may use a flight simulator or
flight training device exclusively by performing and logging at least
three hours of instrument recent flight experience within the six
calendar months before the month of the flight.
Under new Sec. 61.57(c)(3), a person may use an ATD exclusively by
performing and logging at least three hours of instrument recent flight
experience within the two calendar months before the month of the
flight. We have deliberately established differences between the use of
an ATD, FS, and flight training devices because use of an aviation
training device to maintain instrument recent flight experience is a
relatively new concept. The FAA wants to further evaluate its use
before we allow use of ATDs equal to that of flight simulators and
flight training devices.
Under new Sec. 61.57(c)(4), a person could combine use of the
aircraft and FS, FTD, and ATD to obtain instrument experience. When a
pilot elects to combine use of an aircraft and simulation device, we
will require, under new Sec. 61.57(c)(4), completion of one hour of
instrument flight time in the aircraft and three hours in the FS, FTD,
or ATD within the preceding 6 calendar months.
Under new Sec. 61.57(c)(5), a person may combine use of an FS or
FTD flight training, and an ATD to obtain instrument recent flight
experience. When a pilot elects this combination, we will require one
hour in a flight simulator or flight training device, and three hours
in a training device within the preceding six calendar months.
Under new Sec. 61.57(c)(6), the final rule amends the instrument
tasks and iterations for maintaining instrument flight experience in a
glider. The person will be required to log instrument recent flight
experience, tasks, and iterations in his/her logbook to show
accomplishment of this instrument training. The person will be required
to use a view-limiting device when performing this instrument recent
flight experience or be in actual instrument meteorological conditions.
Three commenters recommended changing the terminology used to
describe flight simulation devices. Three commenters asserted the use
of basic aviation training devices (BATD) and advanced aviation
training devices (AATD) is expected to increase and suggested the rule
use this terminology.
Two commenters asserted the differing requirements for maintaining
currency using aircraft or different simulation devices are complex and
confusing. One commenter objected to a minimum time requirement for
maintaining currency using a simulation device, asserting that the
amount of time necessary to complete the prescribed tasks is
sufficient.
Eight commenters objected to the fact that the requirements for
maintaining currency using a simulation device are greater than the
requirements for maintaining currency in an aircraft. Four commenters
asserted training using a simulation device is at least as valuable as
training in an aircraft. Two commenters objected to the proposed
provisions permitting use of an ATD to maintain currency. One commenter
asserted that no data has been presented showing that ATDs are
effective in maintaining proficiency. One commenter recommended the
rule require the tasks to be performed, but set no minimum training
time requirement. ALPA argued that a pilot could maintain currency
indefinitely by using an aviation training device for three hours every
two months. ALPA recommended the proposed rule be supplemented with a
requirement that instrument currency exercises be performed in an
aircraft or using a FS or FTD within the previous eighteen months.
One commenter recommended a simpler set of requirements and an
equivalency ratio, such as two approaches in a simulator being
equivalent to one approach in an aircraft. Another commenter
recommended the same requirements apply regardless of whether an
aircraft or simulation device is used to maintain currency, but that
the currency period cover the previous six months for aircraft and two
months for simulation devices.
One commenter noted Sec. 61.57(c)(4) and (5) allow pilots to use
an ATD in conjunction with the aircraft, FS, or FTD for instrument
currency, but eliminated the two month limitation as long as certain
requirements are met in the aircraft, FS, or FTD. The commenter thought
this could be more simply accomplished by adding to Sec. 61.57(c)(3)
``or six months if one hour of instrument time has been accomplished in
an aircraft, flight simulator, or flight training device.''
One commenter asserted that the provisions are unlikely to be used
because a proficiency check can be accomplished in less time and at
less cost in an AATD. One commenter asserted the level of detail
specified in the rule is more appropriate to practical test standards
(PTS) and argued that instructors should have discretion over specific
maneuvers to be performed.
One commenter argued there is no evidence that pilots satisfying
instrument currency requirements in aircraft or simulation devices are
proficient to operate in IMC. Two commenters generally objected to the
proposed requirements for maintaining instrument currency using a
flight simulator, flight training device, or aviation training device.
One commenter asserted that the proposed requirements increase the
burden on pilots without justification in the form of accident history
or research.
Six commenters asserted steep turns should not be included in
requirements for maintaining instrument currency in a flight simulation
device, arguing that ATDs and flight training devices do not accurately
simulate the flight characteristics and control feel for steep turns.
The FAA acknowledges the comments received about this proposal. The FAA
is allowing different means to maintain instrument currency. The pilot
may use whatever method best suits his or her needs to maintain
instrument currency by using the actual aircraft, flight simulator,
flight training device, or aviation training device, or a combination
of all.
One commenter objected to the unusual attitude recovery parameters
prescribed by the proposed rule. The commenter noted that if the
aircraft is at VNE and descending, it is still accelerating
and will exceed VNE, thus triggering a failure. Similarly,
if an aircraft is at stall speed and ascending, it is already stalling.
The commenter suggested the language of the practical
[[Page 42518]]
test standards prescribing recovery from unusual attitudes (both nose-
high and nose-low) is preferable. Another commenter noted
VNE is not an appropriate specification for all aircraft. We
believe that instrument currency tasks, involving unusual attitude
recovery parameters are for maintaining instrument currency and can be
achieved in aviation training devices. We are not revising the
instrument currency tasks in aircraft, flight simulators, and flight
training devices. The instrument currency tasks, involving unusual
attitude recovery parameters are for maintaining instrument currency in
aviation training devices, and the FAA believes this task is
appropriate.
One commenter asserted that the requirements of proposed Sec.
61.57(c)(4) include all of the requirements of Sec. 61.57(c)(2) or
(3), plus one hour of cross country time in the aircraft. In other
words, a pilot completing the requirements of Sec. 61.57(c)(4)(ii)
will have already met the requirements of Sec. 61.57(c)(2) or (3). The
commenter argued that Sec. 61.57(c)(4) is redundant and should be
eliminated. The same commenter argued that proposed Sec. 61.57(c)(5)
is redundant to Sec. 61.57(c)(3) and should be eliminated. Three
commenters noted that the steep turns requirement has been removed from
the instrument rating PTS. Fifteen commenters objected to the proposed
provision requiring use of a view-limiting device when using a flight
simulation device to maintain instrument currency, because such devices
can be configured not to provide visual cues. The FAA acknowledges the
comments received about this proposal. We are not revising the
instrument currency tasks. The FAA is allowing different means to
maintain instrument currency and the pilot may use the means best
suited for his or her needs.
The FAA also acknowledges the comments received on recommending the
rule use the terms ``basic aviation training devices'' (BATD) and
``advanced aviation training devices'' (AATD). The terms ``basic
aviation training device'' (BATD) and ``advanced aviation training
device'' (AATD) as being aviation training devices (ATD) are defined in
AC 61-TD ``FAA Approval of Basic Aviation Training Devices and Advanced
Aviation Training Devices.''
The FAA is allowing different means to maintain instrument
currency. The pilot may use whatever method best suits his or her needs
to maintain instrument currency by using the actual aircraft, flight
simulator, flight training device, aviation training device, or a
combination of all. Furthermore, the use of flight simulators and
flight training devices has always been allowed for pilots to maintain
their instrument currency so we are not making new rules. ATDs are
relatively new; yet the FAA has determined that the technological
advancements of these devices make their use for maintaining instrument
currency also possible.
Regarding the comment on unusual attitude recovery parameters
prescribed by the proposed rule, we previously answered this question
this way: ``Reference Sec. 61.51(g)(3)(ii) and Sec. 61.57(c)(1);
Provided the person is instrument current or is within the second 6-
calendar month period'' (See Sec. 61.57(d) for currency). A person
would not need a flight instructor or ground instructor present when
accomplishing the approaches, holding, and course intercepting/tracking
tasks of Sec. 61.57(c)(1)(i), (ii), and (iii) in an approved flight
training device or flight simulator. Only when a person is required to
submit to an instrument proficiency check must a flight instructor or
ground instructor be present.
The rationale is that a person is not required to have a flight
instructor or ground instructor present when performing the approaches,
holding, and course intercepting/tracking tasks in an aircraft. If the
person is using a view-limiting device (i.e., hood device) when
performing the approaches, holding, and course intercepting/tracking
tasks in an aircraft, only a safety pilot is required to be present. If
a person is performing approaches, holding, and course intercepting/
tracking tasks in an aircraft in IMC, it is permissible to log the
tasks without a flight instructor being present.
Therefore, a person who is instrument current or is within the
second 6-calendar month period (See Sec. 61.57(d) for currency) need
not have a flight instructor or ground instructor present when
accomplishing the approaches, holding, and course intercepting/tracking
tasks of Sec. 61.57(c)(1)(i), (ii), and (iii) in an approved flight
training device or flight simulator.
31. This revision of Sec. 61.57(d) clarifies when a person must
perform an instrument proficiency check to act as the PIC under IFR or
in weather conditions less than the minima prescribed for VFR
This final rule amends Sec. 61.57(d) to clarify when a person, who
has not met the instrument recent flight experience of Sec. 61.57(c),
must perform an instrument proficiency check to act as the PIC under
IFR or in weather conditions less than the minima prescribed for VFR.
Revised Sec. 61.57(d) requires a pilot who has not complied with the
instrument recent experience requirement of Sec. 61.57(c) within the
twelve calendar months preceding the month of the flight to complete an
instrument proficiency check to regain PIC instrument qualifications.
The proficiency check will have to be performed in the aircraft
category that is appropriate to the instrument privileges desired. The
instrument proficiency check consists of operation areas and tasks
listed for an instrument proficiency check in the practical test
standards (PTS).
As noted in our earlier discussion of revised Sec. 61.57(c), we
will require a pilot to have performed and logged the instrument recent
flight experience within the preceding six calendar months preceding
the month of the flight in order to act as the PIC under IFR or in
weather conditions less than the minima prescribed for VFR. Under
revised Sec. 61.57(d), if the pilot has not performed and logged the
required instrument recent flight experience within the six calendar
months preceding the month of the flight, the pilot is given an
additional six calendar months to perform and log the required
instrument recent flight experience. However, during this six-calendar
month period, the pilot may not act as the PIC under IFR or in weather
conditions less than the minima prescribed for VFR until the pilot has
performed and logged the required instrument recent flight experience
of revised Sec. 61.57(c). If during this six-calendar month period,
the pilot does not accomplish the required instrument recent flight
experience, then he/she must perform an instrument proficiency check to
regain his/her instrument currency.
Two commenters generally supported the proposed clarifications. One
commenter supported the use of the instrument rating PTS as a guide for
the proficiency check. One commenter questioned whether the preamble
(i.e., proposal No. 31) is meant to indicate proficiency checks may no
longer be performed using a simulator or flight training device, but
may now only be performed in an aircraft.
Two commenters were concerned that Sec. 61.57(d) will be
interpreted as requiring an entire instrument rating practical exam to
satisfy the instrument proficiency check requirements. One commenter
recommended the check consist of tasks required by the instrument
practical test standards. One commenter objected to the language
requiring that an instrument proficiency
[[Page 42519]]
check (IPC) requires an instrument rating practical test. The commenter
argued that the requirement would limit instructors' discretion and
that completion of an IPC in aircraft lacking certain equipment would
be difficult. The revision to Sec. 61.57(d) concerning the instrument
proficiency check does not prohibit the use of a flight simulator or
flight training device for performing an IPC check, nor did the
proposal in the NPRM propose eliminating use of FS or FTDs for
performing an IPC. An FS or FTD may be used for accomplishing an IPC if
the training device is approved for performing an instrument
proficiency check. The content of an instrument proficiency check is
addressed on page 16 of the Instrument Rating Practical Test Standards.
32. This revision of Sec. 61.57(f) establishes a recent flight
experience requirement for acting as PIC in a night vision goggle
operation
Revised Sec. 61.57(f) establishes as a recent flight experience
requirement to remain PIC qualified for night vision goggle (NVG)
operations. To understand ``NVG operations,'' it is necessary to
further clarify the term ``flight.'' ``Flight'' means a takeoff and
landing, with each landing involving a flight in the traffic pattern.
For example, a person who performs six takeoffs and landings, with each
landing involving a flight in the traffic pattern, and uses NVGs to
maintain visual reference may log six ``NVG operations.''
For a pilot to act as PIC using NVGs with passengers on board, the
pilot, within the preceding two calendar months, will have to perform
and document the tasks under new Sec. 61.57(f) as the sole manipulator
of the controls during the time period beginning one hour after sunset
and ending one hour before sunrise. If the pilot has not performed and
logged the tasks under Sec. 61.57(f), then the FAA will allow the
pilot an additional two calendar months to perform and log the tasks
under Sec. 61.57(f). However, the pilot will not be allowed to carry
passengers during this second two-month period. If the pilot still has
not performed and logged the NVG tasks in revised Sec. 61.57(f) during
those additional two calendar months, then the pilot will be required
to pass a NVG proficiency check to act as PIC using night vision
goggles.
Two commenters asserted existing Sec. Sec. 61.51(b) and 61.57(b)
are adequate to address logging and recency of NVG time, and this rule
only requires adding ``while using night vision goggles.'' The
commenters further argued existing Sec. 61.57(a)(3) is adequate to
address use of a flight training device or flight simulator for NVG
recency. Two commenters argued that the currency interval should be
ninety days instead of two months to correspond with the existing night
flight currency interval.
The FAA acknowledges the comments received about this proposal. We
are adopting the above revisions for the final rule.
33. This revision of Sec. 61.57(g) establishes a NVG proficiency check
requirement to act as PIC of a night vision goggle operation
Revised Sec. 61.57(g) establishes a proficiency check to be PIC
qualified for NVG operations. This revision also establishes a
proficiency check to regain PIC qualifications for NVG operations when
the pilot's NVG privileges have lapsed.
Revised Sec. 61.57(g) will require a pilot who has not complied
with the NVG operating experience requirement of revised Sec. 61.57(f)
to complete a NVG proficiency check to regain PIC NVG qualifications.
The proficiency check will have to be performed in the same aircraft
category that is appropriate to the NVG operation desired. The
proficiency check will consist of the tasks listed in revised Sec.
61.31(k) and will be administered by an individual listed under Sec.
61.31(k).
American Eurocopter and HAI each supported the proposed requirement
to restore lapsed NVG currency. The commenters recommended that
proficiency check requirements be set forth in the PTS, with an interim
advisory circular (AC) issued because the standards for NVG and non-NVG
maneuvers are the same. The commenters also recommended proficiency
checks be administered by a qualified instructor, Examiner, or
inspector, as applicable under parts 61, 141 or 142, to an air carrier
employee in accordance with the carrier's approved training program, or
to a military check pilot.
The FAA acknowledges the comments received on this proposal. The
rule (Sec. 61.57(g)(1) through (6)) clearly establishes the
qualifications of the person who can administer the NVG proficiency
check; therefore, the rule does not need further clarification.
34. This proposed change to Sec. 61.59 would have paralleled this
section with the language contained in Sec. 67.403
We had proposed to revise Sec. 61.59 to parallel it with the
existing Sec. 67.403. However, we have reconsidered this proposal and
the existing Sec. 61.59 will remain without change.
Four commenters objected to the proposed changes, arguing the
existing rule already prohibits submission of fraudulent or
intentionally false data, and that the proposed rule will allow the FAA
to deny or revoke privileges for an inadvertent inaccuracy. One
commenter also noted the proposed rule does not parallel Sec. 67.403
because that section includes a requirement that the FAA rely on
incorrect data. One commenter also asserted that the proposed rule
could effectively invalidate existing regulatory requirements for
recording flight experience.
The FAA acknowledges the comments received on the proposal. We
agree that trying to parallel the language of Sec. 61.59 and Sec.
67.403 raises additional concerns. The implications of incorrect
information in the context of part 61 certification are different than
those in the context of medical certification under part 67. Therefore,
existing Sec. 61.59 remains without change.
35. This revision of Sec. 61.63 changes the format and re-structures
rule
This final rule simplifies the format and structure of Sec. 61.63,
and moves paragraphs (e), (f), and (g) (addressing usage and
limitations of the flight simulator and flight training device) to new
Sec. 61.64. This final rule also revises Sec. 61.63(c)(3) to clarify
applicability to those applicants holding only a lighter-than-air
(LTA)-Balloon rating and who seek an LTA-Airship rating. Currently, the
word ``only'' does not appear in Sec. 61.63(c)(3).
This final rule has made minor revisions to Sec. 61.63(d) to
clarify the requirements for an additional type rating and a type
rating sought concurrently with an additional aircraft category and
class rating. We have also revised existing paragraph (h) in Sec.
61.63 and re-designated it as paragraph (e). Furthermore, re-designated
Sec. 61.63(e) clarifies the pilot certification procedures for
aircraft used on a practical test for a type rating. Such aircraft
cannot be used for instrument maneuvers and procedures for the issuance
of a type rating with a VFR limitation under these circumstances.
This final rule revises paragraph (i) in Sec. 61.63 and re-
designates it as Sec. 61.63(f). This re-designated Sec. 61.63(f)
clarifies that an applicant for a type rating in a multiengine airplane
with a single-pilot station must perform the practical test in the
multi-pilot seat version of that multiengine airplane. Alternatively,
the practical test may be performed in the single-seat version of that
airplane if the Examiner can observe the applicant during the practical
test when there is
[[Page 42520]]
no multi-seat version of the multiengine airplane. This revision
parallels the same requirements in revised Sec. 61.157(h) (existing
Sec. 61.157(k)) for a type rating in a multiengine airplane with
single-pilot station.
This final rule revises existing paragraph (j) of Sec. 61.63 and
re-designates it as Sec. 61.63(g). Re-designated Sec. 61.63(g)
clarifies that an applicant for a type rating, at other than airline
transport pilot (ATP) certification level, for a single engine airplane
with a single-pilot station must perform the practical test in the
multi-pilot seat version of that single engine airplane. Alternatively,
the practical test may be performed in the single-seat version of that
airplane if the Examiner is in a position to observe the applicant
during the practical test in the case where there is no multi-seat
version of that single engine airplane. This revision parallels
requirements under new Sec. 61.157(i) (existing Sec. 61.157(l)) for a
type rating in a single engine airplane with single-pilot station at
the ATP certification level.
Revised Sec. 61.63(i) permits an Examiner who conducts a practical
test for an additional aircraft rating under this section to waive any
of the tasks for which the FAA has approved waiver authority. This
revision parallels the revised requirements of Sec. 61.157(j)
(existing Sec. 61.157(m)) at the ATP certification level.
Two commenters agreed the FAA should make changes to Sec. 61.63,
but asserted the proposed changes to Sec. 61.63 and new Sec. 61.64
offer no improvement. One commenter questioned whether safety would be
enhanced by the proposed changes. Another commenter objected to the
proposed changes to Sec. 61.63 and the creation of Sec. 61.64,
asserting that the proposed rules eliminate ways for an applicant to
qualify for all-simulator training. The commenter questioned the
elimination of the provisions in question and requests justification in
the form of safety data indicating a danger posed by pilots using the
existing provisions.
One commenter requested clarification of the new phrase ``training
time and iteration requirements'' in Sec. 61.63(c)(3). The commenter
stated this language does not clearly convey that candidates seeking an
additional class rating are excused from certain requirements. One
commenter asserted that the proposed changes to Sec. 61.63 and new
Sec. 61.64 would have a significant and detrimental impact on the use
of flight simulators and the flight training industry and the proposed
changes in new Sec. 61.64 go beyond merely moving and simplifying
existing requirements and impose significant burdens and costs without
any corresponding benefit. Another commenter recommended the proposed
changes to Sec. 61.63 and new Sec. 61.64 be withdrawn.
Two commenters observed that under proposed Sec. 61.63(d), an
applicant for a type rating is not required to successfully complete an
FAA approved or accepted training program but need only acquire an
endorsement from an appropriately rated flight instructor. They
recommended the FAA require the use of an FAA approved or accepted
training program. Eclipse Aviation suggested an authorized instructor
be defined as ``a person or air agency approved by the Administrator to
conduct type rating training in that make and model of aircraft.''
Training time and iteration requirements relate to the training
time and iteration requirements listed in Sec. 61.109 and Sec.
61.129. For example, for the airplane single engine land rating at the
private pilot certification level, it requires three hours of cross
country flying in a single engine airplane (See Sec. 61.109(a)(1)) and
one cross country flight of over 100 nautical miles in total distance
(See Sec. 61.109(a)(2)(i)). Under Sec. 61.63(c)(3), the applicant is
not required to meet the training time and iterations requirements
under this part that apply to the pilot certificate for the aircraft
class rating sought Otherwise, the intent of Sec. 61.63(c)(3) is for
the flight instructor to make the decision on the amount ``training
time'' and number of ``iterations'' required for the applicant to be
adequately trained and be able to pass the practical test.
The FAA has reviewed the proposed changes to Sec. 61.63 and Sec.
61.64, and we have not found evidence that the changes will have a
significant and detrimental impact on the use of flight simulators and
the flight training industry. We intend only to further clarify the
existing rule. In reviewing Sec. 61.63(d), and old Sec. 61.63(d),
there is no requirement for an applicant to complete an FAA approved or
accepted training program and there never has been such a requirement.
As for defining an ``authorized instructor,'' it has already been done
in Sec. 61.1(b) and the privileges and limitations of a flight
instructor are listed in existing Sec. 61.193 and Sec. 61.195.
The FAA has reviewed the changes to Sec. 61.63 and Sec. 61.64,
and we have not found that the changes will eliminate ways for an
applicant to qualify for all-simulator training. For the reasons
stated, we are adopting the revision as proposed in the NPRM.
36. Establishes a new Sec. 61.64 to address the use and limitations of
flight simulators and flight training devices
This final rule adds a new Sec. 61.64 to incorporate the use and
limitations of flight simulators (FS) and flight training devices (FTD)
into this one rule. These requirements were previously found in Sec.
61.63(e), (f), and (g) (for other than ATP certification) and Sec.
61.157(g), (h), and (i) (for ATP certification). The purpose of these
changes is to clarify and simplify Sec. 61.63 and Sec. 61.157 and
place all use and limitation requirements for simulation devices into
new Sec. 61.64.
New Sec. 61.64(a) through (f) will clarify when an applicant may
use an FS or FTD for all training, when an applicant may use a FS for
all of the required practical test, when the supervising operating
experience limitation on an applicant's pilot certificate is required,
and when the supervised operating experience limitation may be removed.
New Sec. 61.64(a) will allow an applicant to use a flight
simulator for all training and the practical test for the airplane
category, class, or type rating, provided the flight simulator and the
applicant meet specific qualifications under new Sec. 61.64(a)(1)
through (3).
New Sec. 61.64(b) allows an applicant for the airplane category,
class, or type rating to use a flight training device for training only
if the flight training device meets the specific qualifications under
new Sec. 61.64(b)(1) through (4). The rule further clarifies that a
flight training device may not be used for any portion of the practical
test.
New Sec. 61.64(c) allows an applicant to use a flight simulator
for all of the training and the practical test for the helicopter class
or type rating, provided the flight simulator and the applicant meet
the specific qualifications under new Sec. 61.64(c)(1) and (2).
New Sec. 61.64(d) allows an applicant for the helicopter class or
type rating to use an FTD for training only if the device meets
specific qualifications under new Sec. 61.64(d)(1) through (4). The
rule further clarifies that an FTD may not be used for any portion of
the practical test.
New Sec. 61.64 (e) states an applicant may use an FS for all
training and the practical test for the powered-lift category or type
rating, provided the applicant and FS meet specific qualifications
under new Sec. 61.64(e)(1) and (2).
New Sec. 61.64(f) allows an applicant for the powered-lift
category or type rating to use a flight training device for training
only if the device meets specific qualifications under new Sec.
61.64(f)(1)
[[Page 42521]]
through (4). The rule will further clarify that a flight training
device may not be used for any portion of the practical test.
As a result of existing language in existing paragraphs (e), (f),
and (g) of Sec. 61.63 and paragraphs (g), (h), and (i) of Sec.
61.157, there is confusion as to whether an applicant could complete
all training and testing for a type rating in a simulator when there is
a supervised operating experience limitation on the applicant's pilot
certificate for that aircraft type rating. New Sec. 61.64(a)(2)(i),
(c)(2)(i), and (e)(2)(i) will specify that a type rating cannot contain
the supervised operating experience limitation (i.e., ``This
certificate is subject to pilot in command limitations for the
additional rating'') for an applicant to use a flight simulator for all
training and testing for a type rating. A flight simulator may be used
for some of the required training and testing for a type rating, but
not ``all.'' The training and testing permitted in a flight simulator
depends on what the flight simulator is approved for and is in
accordance with new Sec. 61.64(a)(4)(i) and (b), (c)(3)(i) and (d), or
(e)(3)(i) or (f), as appropriate for the category of aircraft and type
rating sought.
New Sec. 61.64(a)(1)(iii), (c)(1)(iii), and (e)(1)(iii)
establishes that at minimum a Level C flight simulator is required if
an applicant wishes to use a flight simulator on a practical test for
an aircraft rating. New Sec. 61.64(a)(1)(iv), (c)(1)(iv), and
(e)(1)(iv) will establish that at minimum a Level A flight simulator is
required for an applicant to use a flight simulator for training.
Two commenters argued proposed Sec. 61.64 is unclear as to intent
or purpose, and there is no indication how the proposed rules would
improve safety. One commenter expressed uncertainty over the level of
pilot certificate affected by the proposed section. One commenter
asserted that the proposed changes to Sec. 61.63 and new Sec. 61.64
would have a significant and detrimental impact on the use of flight
simulators and the flight training industry. A commenter recommended
the proposed changes to Sec. 61.63 and new Sec. 61.64 be withdrawn,
and the text of the existing rules be maintained.
One person asserted the minimum hour requirements for type rating
applicants set forth in the proposed Sec. 61.64(a)(2) are higher than
necessary to ensure safety and will deter advancement of aviation
careers. One commenter argued existing Sec. Sec. 61.63 and 61.157 are
clear that a flight simulator or flight training device can be used to
complete all training and testing for the issuance of a rating without
limitations and the proposed rule is not.
Two commenters noted that under existing Sec. 61.63 and Sec.
61.157, a rating applicant failing to meet requirements for an
exception has an option of completing certain parts of the practical
test in an aircraft (rather than a simulator or flight training
device), or receiving a rating with supervised operating experience
limitations. The commenters objected to the provisions of the proposed
rule that would require both performance of certain tasks in an
aircraft and issuance of a rating with supervised operating experience
limitations. Two commenters objected to the proposed changes to Sec.
61.63 and the creation of Sec. 61.64, asserting that the proposed
rules eliminate ways for an applicant to qualify for all-simulator
training and testing.
Regarding the proposed requirement that a minimum of a Level C
flight simulator or Level 5 flight training device be used for the
practical test for a rating, a commenter asserted that the lowest level
of flight simulator or flight training device qualified and approved
for training in a particular task should be acceptable. If necessary,
training or testing performed with lower level simulators could trigger
additional experience requirements or requirements to perform certain
maneuvers in the aircraft, or result in the issuance of a rating with
limitations. Three commenters opposed the proposed requirement that a
minimum of a Level C flight simulator be used for the practical test
for a rating. Flight Safety International recommended a Level C
simulator be required only if the entire practical test is performed in
the simulator. One commenter asserted that requiring a Level C
simulator for a practical test conflicts with guidance contained in
FAA-S-8081-5E, Practical Test Standards. The commenter also questioned
whether simulators not meeting at least Level C requirements may be
used for evaluations similar to practical tests, such as proficiency
checks or single pilot exemption evaluations that consist of Practical
Test Standards (PTS) maneuvers. Two commenters asserted the inability
to use simulators not meeting Level C requirements will require more
pilots to take practical tests in aircraft. The commenters stated this
will negatively impact safety by requiring low altitude maneuvering,
and by eliminating the ability to simulate malfunctions such as engine
fires and electrical malfunctions. One commenter noted that Level A
simulators have been widely used in the past, and that if no longer
permitted to be used costs will increase by 15%. Two commenters noted
there are some aircraft for which there is no Level C or better
simulator.
Flight Safety International recommended that if the practical test
is given in a simulator or flight training device qualified and
approved at less than Level C, the appropriate practical test standards
be used to determine which events may be credited; any events not
approved for the simulator or flight training device would need to be
accomplished in the aircraft. One commenter objected to the requirement
that a minimum of a Level 5 flight training device be used if a flight
training device is used for the practical test. The commenter asserted
that this requirement is unnecessarily restrictive and not supported by
the PTS or other FAA rules or guidance.
One commenter objected to the proposed provisions requiring that
one of a number of prerequisites be met if any portion of the practical
test for a turbojet or turboprop airplane rating is to be performed in
a simulator. The commenter asserted that the existing rules only
require one of the prerequisites if all training and checking is to be
done in a simulator. Flight Safety International said proposed Sec.
61.64 calls for a logbook endorsement removing the supervised operating
experience limitation. If so, a pilot must present his/her logbook
containing the endorsement to show that the limitation is removed, the
endorsement is unnecessary.
One commenter asserted the proposed changes to Sec. 61.63 and
Sec. 61.157 and creation of Sec. 61.64 conflicts with other existing
guidance, such as appendices E and F to part 121, the appendices of the
PTS, and the General Aviation Operations Inspector's Handbook.
One commenter asserted that pilots should be permitted to credit
multiengine turbojet experience toward a single engine turbojet type
rating for purposes of proposed Sec. 61.64.
Five commenters were confused whether pilots must meet one or more
than one of the criteria set forth in proposed Sec. 61.64(a)(2) and
recommended the section be revised to make clear that pilots must meet
only one of the requirements. Flight Safety International recommended
proposed Sec. 61.64(a)(2)(ii) and (a)(3)(ii) use language currently
found in Sec. 61.63 and Sec. 61.157 requiring pilots complete at
least 1,000 hours of flight time in two or more different airplanes
requiring type ratings.
Nine commenters noted that under existing Sec. 61.63 and Sec.
61.157, a rating applicant failing to meet requirements for an
exception has an option of completing certain parts of the practical
[[Page 42522]]
test in an aircraft, rather than in a simulator or flight training
device, or receiving a rating with supervised operating experience
limitations. The commenters believed the economic impact of the
proposed rule would be severe.
One commenter asserted that the FAA and training organizations lack
sufficient manpower to administer the number of practical exams in the
aircraft that the proposed rule would require. This commenter
recommended that instead of requiring performance of maneuvers in an
aircraft, the FAA increase supervised operating experience limitations
or require line oriented flight testing (LOFT) scenarios in training.
Three commenters objected to the elimination of the possibility of
a fifteen hour supervised operating experience limitation. Two
additional commenters recommended that the endorsement removing a
supervised operating experience limitation be by a person, designated
by the Administrator, familiar with the airplane and the program under
which the supervised operating experience was conducted. Eclipse
Aviation suggested such a person could be the manufacturer or a
training center conducting training in the airplane. Two commenters
recommended the supervised operating experience (SOE) requirement be
event based, covering a range of operating conditions and procedures
that a pilot is likely to see in actual service. Two commenters
recommended a PIC observing SOE be qualified and trained as an
evaluator by the manufacturer or other facility, and hold a designation
by the Administrator. Eclipse Aviation asserted that the proposed
provisions are insufficient to ensure that SOE will be applicable and
effective for all operators of its very light jet airplanes.
Two commenters noted that under the proposed rule, a pilot with a
turbojet type rating for an airplane requiring a two-pilot crew may
obtain a single pilot type rating without limitations with no single
pilot turbojet PIC experience and virtually no turbojet PIC experience.
The commenters recommended a pilot should be required to have 25 hours
of turbojet PIC time to obtain a type rating without limitations.
One commenter opposed the proposed requirement of Sec.
61.64(a)(1)(iv) that a minimum of a Level A flight simulator be used
for training for a rating. The commenter recommended the PTS address
credit for the use of simulators and flight training devices.
As stated in the NPRM and this preamble, Sec. 61.64 consolidates
the use of flight simulators and flight training devices for the
airplane, helicopter, and powered-lift ratings for all the pilot
certification levels (i.e., private, commercial, and ATP certification
levels). Prior to establishing this Sec. 61.64, the use of flight
simulators and flight training devices for the airplane, helicopter,
and powered-lift ratings at the private and commercial pilot
certification levels were located in old Sec. 61.63. For the ATP
certification level, it was in the old Sec. 61.157. Now, the use of
flight simulators and flight training devices for all the pilot
certification levels are combined into new Sec. 61.64.
We do not find any evidence that combining the use of flight
simulators and flight training devices for the airplane, helicopter,
and powered-lift ratings for all the pilot certification levels into
Sec. 61.64 will have a significant and detrimental impact on the use
of flight simulators and the flight training industry. The FAA has not
increased the minimum hour requirements for a type rating by having
consolidated the use of flight simulators and flight training devices
into Sec. 61.64.
Section 61.64(a)(4), (c)(3), and (e)(3), is the area of the rule
that addresses what tasks must be performed in the actual aircraft and
the provisions that require it. The purpose of the change is to further
clarify the intent of the rule and no substantive changes have been
made. In reviewing the proposed changes to Sec. 61.63 and Sec. 61.157
and creation of Sec. 61.64 we did not see a conflict with other
existing guidance, such as Appendices E and F to part 121, the
appendices of the PTS, and the General Aviation Operations Inspector's
Handbook.
The endorsement requirement for removing the SOE limitation is to
ensure accomplishment of the required supervised operating experience.
We believe the endorsement requirement received from both the
supervising PIC and an Examiner will insure that supervising operating
experience was completed.
As for what portion of Sec. 61.64 applies to an applicant, the
answer depends on the specifics of the applicant's aeronautical
experience and the rating being applied for. Section 61.64(a)(2)
establishes the requirements for a type rating in a turbojet airplane
and what the aeronautical experience requirements are for that
applicant to be able to use a flight simulator. We have reviewed Sec.
61.64 and find that this rule does not eliminate commonly used ways for
an applicant to qualify for all-simulator training and testing. The
establishment of this rule merely consolidates the use of flight
simulators and flight training devices into Sec. 61.64. No substantive
changes have been made.
In the previous version of Sec. 61.63(e)(7), (8), and (9); (f)(7),
(8), and (9); and (g)(7), (8), and (9) (and old Sec. 61.157(g), (h),
and (i)), the regulations provided that an applicant who failed to meet
certain requirements could complete certain parts of the practical test
in an aircraft, rather than a simulator or flight training device, or
receiving a rating with supervised operating experience limitations.
This option is also provided in Sec. 61.64 (See Sec. 61.64(a)(4),
(c)(3), and (e)(3).
The establishment of this rule merely consolidates the use of
flight simulators and flight training devices into Sec. 61.64. No
substantive changes have been made.
The FAA established for this final rule twenty-five hours as the
standard for supervised operating experience (SOE) because we have
determined that amount of SOE is appropriate for ensuring pilot's
qualifications. If a person desires to be issued a type rating without
the supervised operating experience, then that applicant has the option
to complete the training and testing in the actual aircraft. The
endorsements required for removal of the SOE limitation must be from
the supervising PIC and Examiner.
Under the old Sec. 61.63 and Sec. 61.157, the regulations also
required the minimum level of flight simulator be a Level C. There is
no change to this in Sec. 61.64. The requirement for use of a Level C
flight simulator in new Sec. 61.64 is nearly identical in content and
substance to old Sec. 61.63(e)(4)(i) and old Sec. 61.157(g)(3)(i).
The establishment of this rule merely consolidates the use of flight
simulators and flight training devices into Sec. 61.64. No substantive
changes were made.
The requirement that a minimum of a Level 5 flight training device
be used if a flight training device is used for the practical test
conforms with existing FAA policy. We proposed the use of a Level 5
flight training device in the NPRM and this final rule does not change
the requirement for use of a Level 5 flight training device.
The requirement that a minimum of a Level A flight simulator be
used for training also conforms with existing FAA policy. The
commenter's request to address credit for use of flight simulators and
flight training devices in the PTS is beyond the scope of this final
rule.
The FAA has reviewed Sec. 61.64(b)(3) and finds there is not a
conflict between the rule, the PTS appendix, and FAA Order 8400.10 (now
FAA Order 8900.1).
[[Page 42523]]
Upon review of all the comments, the FAA has found that the rule as
proposed in the NPRM is appropriate and has been adopted in the final
rule.
37. This revision of Sec. 61.65(d), (e), and (f) requires at least 10
hours of cross country time as pilot in command to be in the category
of aircraft appropriate to the instrument rating sought
This final rule revises Sec. 61.65 to conform the FAA's instrument
rating cross country time requirements as pilot in command (PIC) with
the corresponding International Civil Aviation Organization (ICAO)
requirements. Revised Sec. 61.65(d) addresses the aeronautical
experience and training for the instrument-airplane rating. Revised
Sec. 61.65(e) addresses the aeronautical experience and training for
the instrument-helicopter rating. Revised Sec. 61.65(f) will address
the aeronautical experience and training for the instrument-powered-
lift rating. For example, ICAO Annex 1, paragraph 2.10.1.2.2 requires
an applicant to log at least ten hours of cross country time as PIC in
a helicopter for an instrument-helicopter rating. Currently, Sec.
61.65(d)(1) requires at least fifty hours of cross country flight time
as pilot in command and at least ten of those hours must be in
airplanes for an instrument-airplane rating. The section does not
account for the instrument-helicopter rating or the instrument-powered-
lift rating.
Four commenters supported the proposed provisions clarifying the
minimum cross country experience in a category necessary for an
instrument rating. The Greater St. Louis Flight Instructor Association
asserted that there is a correlation between lack of cross country
experience and accidents.
Four commenters opposed the proposed provisions. One commenter
objected to ``selective adherence to ICAO requirements,'' asserting
that ICAO requirements should be followed wherever possible and not be
selectively applied to specific types of certificates or ratings. Four
commenters supported the proposed provisions clarifying the minimum
cross country experience in a category necessary for an instrument
rating. Two commenters, including AOPA, asserted the cost of obtaining
ten hours cross country experience in a helicopter is burdensome. Two
commenters stated cross country experience obtained in any aircraft
type is valuable, because the principles of navigation are the same
regardless of aircraft category. In response to AOPA's concern, they
recommended a required minimum of fifty hours of cross country PIC in
any aircraft category.
The purpose of our rule change is to parallel ICAO standards, so
that U.S. pilot certification conforms to international civil aviation
standards. The FAA believes it is in U.S. aviation's best interest,
where possible, to meet our ICAO responsibilities and requirements and
to have recognition of our instrument rating by other ICAO member
States. Therefore, the FAA is adopting the revision as it was proposed
in the NPRM.
38. This revision of Sec. 61.65 adds a new paragraph (h) to allow 10
hours of the instrument training to be performed in an aviation
training device (ATD)
This final rule revises Sec. 61.65 by adding a new paragraph (h)
to allow ten hours of instrument training for the instrument rating to
be performed on an ATD. The instrument training may be given by the
holder of a ground instructor certificate with an instrument rating or
by a holder of a flight instructor certificate with an instrument
rating appropriate to the instrument rating sought. The ten hours of
instrument training in an ATD will be included in the twenty hours of
instrument training allowed to be performed in a flight simulator or a
flight training device under revised Sec. 61.65(e).
For an ATD to be used for instrument training under revised Sec.
61.65, the ATD instrument training, and instrument tasks will have to
be approved by the FAA. The instrument training on an ATD will have to
be provided by an authorized instructor. In order to receive the
maximum ten hours of credit in an ATD, the person may not have logged
and been credited for more than ten hours of instrument training in a
flight simulator (FS) or FTD. A view-limiting device will be required
to be worn by the applicant when logging instrument training in the
ATD. The instrument training and instrument tasks that may be approved
for performance on an ATD will be listed in revised Sec. 61.65(f).
The FAA specifically requested comments on whether, and to what
extent, we should allow use of an ATD for providing instrument training
for the instrument rating. Four commenters supported the proposed
provisions permitting use of a personal computer-based aviation
training device (PCATD) for up to ten hours of training toward an
instrument rating.
One commenter questioned the proposed provision, asserting that
PCATDs are no longer widely used. Three commenters suggested the rule
refer to basic aviation training devices (BATD) and advanced aviation
training devices (AATD). AOPA noted currently up to 10 hours of BATD or
twenty hours of AATD training may be credited toward an instrument
rating, and recommended this continue to be the case. Two commenters
recommended requirements for PCATDs include requirements that they be
used in areas free of audible distraction or that headsets be used.
Seven commenters objected to the proposed provision requiring use
of a view-limiting device when using a flight simulation device to
train for an instrument rating, because such devices can be configured
not to provide visual cues. One commenter suggested the rule instead
require that any device used be so configured. The Greater St. Louis
Flight Instructor Association opposed the proposed amendment to permit
PCATDs to be used for ten hours of instrument training, as well as the
use of a ground instructor for this training, arguing that the proposed
requirements inadequately prepare pilots for flight in IMC and
sacrifice safety in exchange for lower costs. The association further
asserted that there is a significant accident rate among newly
instrument-rated pilots. The association recommended three hours of
actual IMC experience be required for an instrument rating.
The FAA has replaced the term ``PCATD'' (personal computer aviation
training device) with the term ``aviation training device.'' As
previously discussed, the definition of the term ``aviation training
device'' will be defined in AC 61-TD ``FAA Approval of Basic Aviation
Training Devices and Advanced Aviation Training Devices.''
We have determined the use of view-limiting devices for maintaining
instrument recurrency in aviation training devices is necessary for
ensuring better transferability of instrument skills and abilities
between aviation training devices and the actual aircraft. The FAA
agrees that the use of an aviation training device should be used in
areas free of audible distraction or that headsets should be used, but
does not believe that a rule is necessary. The FAA will approve and
authorize the use of aviation training devices, and to those ends, we
are developing an Advisory Circular and making changes to FAA Order
8900.1 to provide this information.
For years, we have permitted the use of flight simulators and
flight training devices for instrument training and for use on
instrument rating practical tests. Allowing ten hours of instrument
training to be performed in aviation training devices is a continuation
by the flight training community and FAA of this policy of accepting
simulation for
[[Page 42524]]
use in aviation training. Furthermore, allowing ten hours of instrument
training to be performed in an aviation training device conforms to
existing FAA policy adopted in Advisory Circular 61-126 and FAA Order
8900.1 (See FAA Order 8900.1, Volume 5, Chapter 2, Section 9, page 9,
paragraph 5-446 E).
39. This revision of Sec. 61.69(a)(4) corrects a typographical error
in the rule
This final rule corrects a typographical error in which the word
``or'' was erroneously deleted from Sec. 61.69(a)(4) during the
writing of the ``Certification of Aircraft and Airmen for the Operation
of Light-Sport Aircraft'' Final Rule (See 69 FR 44866; July 27, 2004).
This revision has re-inserted the word ``or'' and made a minor
grammatical revision to paragraph (a)(4).
40. This revision of Sec. 61.69(a)(6) amends the recent flight
experience for tow pilots by increasing the time allowed for achieving
the required currency to 24 calendar months
This final rule amends Sec. 61.69(a)(6) for persons who serve as
tow pilots for glider towing operations by increasing the time limits
for when a pilot must have completed the required recent flight
experience from twelve to twenty-four calendar months. This revision
responds favorably to an assertion by the Soaring Safety Foundation
that the existing time limits for recent flight experience may be
unnecessarily onerous and cannot be supported by any accident
statistics.
Four commenters supported the proposal. The FAA is adopting the
revision as proposed in the NPRM.
41. This revision of Sec. 61.73 amends certain special rules affecting
U.S. military pilots and former U.S. military pilots who apply for FAA
pilot certification
This final rule deletes the Sec. 61.73(b) requirement that current
and former pilots of the U.S. Armed Forces must be on active flying
status within the past twelve months to qualify for a pilot certificate
and rating under these special rules. Under our revision, U.S. military
pilots and former U.S. military pilots may qualify for their civilian
pilot certificate and ratings on the basis of their past qualifications
as a U.S. military pilot, completion of the military competency
aeronautical knowledge test, and accomplishment of a flight review
under existing Sec. 61.57.
This final rule adds a new Sec. 61.73(b)(2) to clarify that the
aeronautical knowledge test that military pilots are required to take
is the ``military competency'' aeronautical knowledge test. It also
adds a new Sec. 61.73(b)(3) changing pilot status for qualifying for a
pilot certificate and ratings under these special rules from ``pilot in
command'' to pilot in the U.S. Armed Forces. The U.S. military's pilot
qualification and flight time recording documents and procedures have
changed since the initial establishment of Sec. 61.73. The U.S. Armed
Forces no longer issues pilot in command orders to its graduates who
complete its Undergraduate Pilot Training Course. PIC status occurs
when military pilots report to their permanent duty assignment and
complete additional unit checkouts. However, the FAA has determined
that the end-of-course test for graduation from a current U.S. military
Undergraduate Pilot Training Course is similar in scope and content as
the PIC order was for military pilots when Sec. 61.73 was initially
established.
This final rule adds a new Sec. 61.73(c) to establish that a
foreign military pilot of the Armed Forces of a contracting State to
the Convention on International Civil Aviation who has been assigned
pilot duties (for other than for flight training) with the U.S. Armed
Forces may also apply for a U.S. commercial pilot certificate with
comparable ratings just like U.S. military pilots can. They will no
longer be required to first hold a civil pilot license from their
contracting State's civil aviation authority. The FAA finds there is no
safety reason for the existing requirement and foreign military pilots
who are assigned to U.S. military units should be afforded the
opportunity to be issued U.S. commercial pilot certificates and ratings
appropriate to their military pilot qualifications.
This final rule revises Sec. 61.73(f) and re-designates it as
paragraph (e). The purpose of this revision is to further clarify that
a military pilot may qualify for a type rating to be added to a pilot
certificate provided there is a comparable civilian type designation of
that military aircraft.
Three commenters objected to the elimination of the recency of
experience requirement for military pilots seeking a civilian pilot
certificate. One commenter asserted that many military pilots are not
on active status. Two commenters argued there is no safety data
justifying the change and suggested that pilots more than twelve
calendar months separated from active flight status be required to take
a knowledge examination and practical examination and the examination
be self-endorsing.
One commenter asserted that military pilots may be overconfident
and unwilling to recognize shortcomings in their knowledge of civilian
flight operations. This person also argued that aircraft used for
military training differs significantly from those used for civilian
training, and training maneuvers are different.
One commenter asserted that under the existing regulations, a
military pilot may receive an unrestricted commercial pilot certificate
with airplane multiengine land and instrument airplane ratings without
ever having sat in a twin-engine reciprocating engine aircraft. Two
commenters recommended military navigators be permitted to apply for
civilian navigator certificates, just as military pilots are permitted
to apply for civilian pilot certificates.
The change to this rule does not eliminate the recency of
experience requirement for exercising a pilot certificate. The rules
addressing recency of experience are addressed in Sec. 61.56 and Sec.
61.57. The change in Sec. 61.73 only revises and clarifies the
issuance of the commercial pilot certificate and ratings to current and
former U.S. military pilots.
We do not disagree with the commenter's comment that a military
pilot may receive an unrestricted commercial pilot certificate with
airplane multiengine land and instrument airplane ratings without ever
having sat in a general aviation twin engine reciprocating engine
airplane. However, there is a definite distinction between holding a
pilot certificate and ratings versus exercising the privileges of that
pilot certificate. If a military pilot who received all of his/her
training in a military twin-engine turbojet powered airplane, then it
would be expected that pilot would receive specific training in a
general aviation twin-engine reciprocating engine airplane before
exercising the privileges of his/her pilot certificate. We have assumed
that if a civilian pilot were to receive all of his/her training in one
specific make and model of twin-engine reciprocating engine airplane
and then attempted to fly another make and model of twin-engine
reciprocating engine airplane, that pilot would also receive training
in that other specific make and model of airplane before exercising the
privileges of their pilot certificate. This goes to the essence of
rulemaking on the establishment of standardized and safe operating
practices. The FAA is adopting the revision as it was proposed in the
NPRM.
[[Page 42525]]
42. This revision of Sec. 61.73(g) establishes a new privilege and
procedures for issuing flight instructor certificates and ratings to
current and former U.S. military instructor pilots and examiners
This final rule adds Sec. 61.73(g) establishing a new privilege
and procedure for issuing flight instructor certificates and ratings to
current and former U.S. military instructor pilots and military pilot
examiners who can show official U.S. military documentation of being or
having been designated a military instructor pilot or military pilot
examiner in the U.S. Armed Forces.
The awarding of flight instructor certificates and ratings, under
Sec. 61.73(g), to current and former U.S. military pilot examiners is
added to correct an oversight in the NPRM. We are correcting this
mistake in this final rule and adding U.S. military pilot examiners to
this privilege. All current and former U.S. military pilot examiners
will have, or are, qualified as U.S. military instructor pilots. The
addition of current and former U.S. military pilot examiners are more
for clarification purposes than for any other reason.
Additionally, we have further revised Sec. 61.197(a)(2)(iv) by
providing an alternative procedure for current U.S. military instructor
pilots and current U.S. military pilot examiners who hold FAA flight
instructor certificates to renew their flight instructor certificate
and ratings. This provision will require current U.S. military
instructor pilots and current U.S. military pilot examiners to have
completed an official U.S. Armed Forces military instructor pilot or
military pilot examiner proficiency check within the preceding twelve
calendar months as an alternative method for renewing their flight
instructor certificate and ratings. The reason this provision is being
offered only to current U.S. military instructor pilots and current
U.S. military pilot examiners is because former U.S. military
instructor pilots and military pilot examiners who have left the
military over twelve calendar months ago would not be able to show
having completed an official U.S. Armed Forces military instructor
pilot or military pilot examiner proficiency check within the preceding
twelve calendar months.
The FAA has made additional clarifying and editing changes to Sec.
61.73(g)(3) which address the acceptable documents required to show
evidence that a U.S. military instructor pilot or military pilot
examiner completed an official U.S. military instructor pilot training
course. There was troublesome language in the proposed rule (i.e.,
Sec. 61.73(g)(3)(iv)) with the words ``graduated'' and ``school.'' In
the U.S. Air Force, Navy, Marine Corps, and Coast Guard, the official
training location for instructor pilot training is at the command level
or local unit level. This is different than how the U.S. Army qualifies
its instructor pilots and military pilot examiners where the official
qualification training is all conducted at Ft. Rucker, Alabama. The Air
Force, Navy, Marine Corps, and Coast Guard official instructor pilot
and military pilot examiner training courses are performed at numerous
locations throughout the United States and the world where units are
located. Additionally, we have consolidated the proposed Sec.
61.73(g)(3)(ii) and (iii) into paragraph (ii) because both paragraphs
read nearly identical.
The FAA has decided that where a current or former U.S. military
instructor pilot or U.S. military pilot examiner already holds an FAA
flight instructor certificate, they do not have to undergo another
knowledge test as required by Sec. 61.73(g)(3)(i) because they already
possess a flight instructor certificate.
The U.S. Department of Labor has a program that encourages
governmental agencies to recognize U.S. military training and
qualification. For years, the FAA has recognized the training and
qualifications of U.S. military pilots and has issued FAA commercial
pilot certificates, instrument ratings, and type ratings to U.S.
military rated pilots who graduate from a U.S. Armed Forces
undergraduate pilot training school or rating qualification course. The
FAA is now establishing a procedure to issue flight instructor
certificates and ratings to current and former U.S. military instructor
pilots and military pilot examiners who have completed an instructor
pilot or military pilot examiner course of the U.S. Armed Forces. To be
issued the appropriate flight instructor certificate and ratings, a
military instructor pilot or military pilot examiner will have to pass
the aeronautical knowledge test in areas detailed under Sec.
61.185(a).
This will mean that the applicant will have to pass the appropriate
knowledge tests that cover the aeronautical knowledge areas on:
Fundamentals of instructing, including the learning
process, elements of effective teaching, student evaluation and
testing, course development, lesson planning, and classroom training
techniques;
The training and certification rules in part 61 that
govern recreational, private, and commercial pilot certification,
applicable to the aircraft category for which flight instructor
privileges are sought; and
The training and certification rules in part 61 that
govern the aeronautical knowledge areas for the instrument rating
applicable to the category for which instrument flight instructor
privileges are sought.
As previously discussed, showing a current flight instructor
certificate will suffice for the aeronautical knowledge test report.
Additionally, a current or former U.S. military instructor pilot or
military pilot examiner is required to show the documentation described
in revised Sec. 61.73(g)(3) to an FAA Aviation Safety Inspector, FAA
Aviation Safety Technician, or an authorized Examiner (i.e., an
Examiner authorized to issue the flight instructor certificate and
rating(s) to U.S. military instructor pilots or U.S. military pilot
examiners).
Thirty-seven commenters questioned the documentation requirements
for issuance of a certificate under the proposed provision. The
commenters objected to the requirement of a certificate of graduation
from a formal training course, because such certificates are not
uniformly issued, or may be lost or discarded. These commenters
recommended accepting other documentation of graduation from a
instructor pilot training school, such as the Department of Defense
Form-214, which is standardized across all branches, Air Force Form 5
or Air Force Form 8, output from the U.S. Air Force Aviation Management
Resource System, U.S. Navy check form 3760, a Navy aviator logbook, or
a grade book. Three commenters recommended that the provision apply to
former instructor pilots and current instructor pilots by using
language parallel to paragraphs (b) and (d). One commenter recommended
that instructor pilots be permitted to apply for a civilian instructor
certificate for a period of 12 months after separation from service.
Sixteen commenters objected to the proposed provision. Two
commenters asserted that, because of the impact they may have on their
students, the criteria for receiving an instructor certificate should
be rigorous and stringently enforced. Two commenters asserted that any
cost savings resulting from the proposal do not outweigh the potential
sacrifice of safety. One commenter asserted that an influx of former
military instructors would impact the job market for civilian trained
flight instructors.
One commenter asserted that, although military pilots undergo
[[Page 42526]]
intensive training, it is narrowly focused on specific aircraft and
types of operations. The commenter recommended that civilian instructor
certificates issued to instructor pilots without a practical test be
limited to the aircraft types for which the instructor pilot holds
military instructor authorizations. Alternatively, the commenter
recommended that instructor pilots be required to undergo a practical
test including the commercial PTS maneuvers in the category and class
of aircraft in which they wish to instruct. Eight commenters asserted
that military instructor pilots generally do not have experience with
primary training or reciprocal engine-powered aircraft. Eighteen
commenters stated that military instructor pilots are not required to
know or perform maneuvers or standards required for civilian
certificates and ratings. Four commenters recommended that instructor
pilots seeking civilian certification be required to have some minimum
experience in the aircraft used for instruction, including an
introduction to maneuvers such as lazy eights, chandelles, and spins.
Regarding appropriate documentation for showing qualifications as a
U.S. Armed Forces instructor pilot and pilot examiner, Sec.
61.73(g)(3) and Sec. 61.73(h) state ``an official U.S. Armed Forces
record;'' therefore, the DD Form-214, Air Force Form 5 or Air Force
Form 8, Navy Check Form 3760, a Naval Aviator Logbook, or a grade book
will suffice as an ``official U.S. Armed Forces record.'' We understand
the U.S. military changes the number of its forms from time to time. If
the form is ``an official U.S. Armed Forces record'' that shows the
person is qualified as a U.S. military pilot or U.S. military
instructor pilot or military pilot examiner, as appropriate, and the
person's military pilot or instructor pilot or military pilot examiner
qualifications and ratings can be extrapolated from that form or
combination of forms, then an ``official U.S. Armed Forces record''
will suffice.
We agree that former U.S. Armed Forces instructor pilots should be
allowed to apply for flight instructor certificates and ratings.
Therefore, we have revised Sec. 61.73(g) to include both current and
former U.S. military instructor pilots or former and current U.S.
military pilot examiners may apply for and be issued a flight
instructor certificate. We have not restricted this provision to just
former military instructor pilots and former military examiners who
have been separated from the military within the preceding 12 calendar
months, because we have decided to extend this to all current and
former U.S. military instructor pilots and military pilot examiners.
We disagree with the commenters' assertions that allowing military
instructor pilots to apply for a flight instructor certificate under
this alternative certification method of Sec. 61.73 will diminish the
standards of the FAA flight instructor certificate. U.S. military
instructor pilots and military pilot examiners undergo rigorous and
demanding training and are required to be knowledgeable about part 61
and part 91. Even though U.S. military instructor pilots and military
pilot examiners may not undergo the same kind of training and testing
as a civilian flight instructor or FAA designated pilot examiner, we
have determined that U.S. military instructor pilots and military pilot
examiners do receive equivalent training and testing as civilian flight
instructor applicants. Some of those equivalent aeronautical knowledge
areas involve testing on the following subject matters:
Fundamentals of instructing, including the learning
process, elements of effective teaching, student evaluation and
testing, course development, lesson planning, and classroom training
techniques;
The training and certification rules in part 61 that
govern recreational, private, and commercial pilot certification,
applicable to the aircraft category for which flight instructor
privileges are sought; and
The training and certification rules in part 61 that
govern the aeronautical knowledge areas for the instrument rating
applicable to the category for which instrument flight instructor
privileges are sought.
The FAA is not ``giving away'' the flight instructor certificate,
because all U.S. military instructor pilot and military pilot examiners
will be required to meet the certification requirements of Sec.
61.73(g).
We also disagree that some military instructor pilots and military
pilot examiners may not have the experience flying or flight
instructing in general aviation aircraft. In fact, many have vast
amounts of training, experience, and skills that we believe will be
equally beneficial to training civilian pilots.
Civilian flight instructors usually receive training in one
specific make and model of general aviation aircraft when receiving
training for their flight instructor certificate and then take their
practical test in that make and model of general aviation aircraft.
However, once the person receives his/her flight instructor
certificate, it allows flight instructor privileges for giving flight
training in various makes and models of general aviation aircraft, in
accordance with that person's flight instructor certificate and
ratings. Standard insurance practices in the flight training community
require civilian flight instructors to have so much flight experience
in a specific make and model of aircraft to meet the flight training
operator's insurance requirements. Military instructor pilots who earn
their flight instructor certificate under this revision to Sec.
61.73(g) will be allowed to give flight training in the various makes
and models of general aviation aircraft, in accordance with their
flight instructor privileges and ratings. However, those same insurance
requirements will also apply to military instructor pilots when giving
flight training in a specific make and model of general aviation
aircraft. Accordingly, we do not believe there is safety issue here,
and the FAA is adopting the revision as it was written. We are not
comparing the way the civilian flight training community trains and
qualify flight instructors with how the U.S. military trains and
qualify its military instructor pilots. Rather, the FAA has made a
determination that the way the U.S. military trains and qualify its
military instructor pilots and with the addition of requiring military
instructor pilots to pass a knowledge test, as required by Sec.
61.73(g)(3)(i), will provide a equivalent level of certification.
Some commenters have asked if military pilots who have been
designated as ``Unit Trainers'' and have never graduated from an
official U.S. Armed Forces' instructor pilot training course will be
afforded this privilege of earning a flight instructor certificate and
rating(s) under Sec. 61.73(g). The answer is no. The only U.S.
military instructor pilots and military pilot examiners who will be
allowed to apply for a flight instructor certificate and rating(s)
under this provision in Sec. 61.73 are those current and former U.S.
military instructor pilots and military pilot examiners who can show
having passed an official U.S. Armed Forces' instructor pilot training
course. This requirement would eliminate from consideration those
military pilots who have been designated as ``Unit Trainers'' and have
never passed an official U.S. Armed Forces' instructor pilot or
military pilot examiner training course.
Furthermore, this provision of Sec. 61.73(g) allowing current and
former U.S. military instructor pilots and military pilot examiners to
apply for an FAA flight instructor certificate is also afforded to
those current and former U.S. military instructor pilots and military
pilot examiners who serve or
[[Page 42527]]
have served in the National Guard and Reserves units of the U.S. Army,
Air Force, Navy, Marine Corps, and Coast Guard.
43. This revision of Sec. 61.73(h) clarifies, simplifies, and lists
the documents required for proving rated U.S. military pilot status to
qualify for FAA pilot certification
Revised Sec. 61.73(h) clarifies, simplifies, and lists the
documents required for proving a current or former rated military pilot
is qualified for FAA pilot certification. This revision was developed
in response to many inquiries over the years that were received by the
FAA on what documents are required to show proof as a rated military
pilot in the U.S. Armed Forces.
Five commenters supported the proposed clarification. One commenter
asserted the clarification would prevent ``FSDO shopping'' by military
pilots. Two commenters recommended that pilots separated from active
flight status for more than twelve months be required to undergo
knowledge and practical tests.
The FAA acknowledges the supportive comments received on this
proposal.
44. This revision of Sec. 61.75(a) and (b) requires that a foreign
pilot who applies for a U.S. private pilot certificate on the basis of
the person's foreign pilot license must hold at least a foreign private
pilot license
Revised Sec. 61.75(a) and (b) will require that a foreign pilot
who applies for a U.S. private pilot certificate hold at least a
foreign private pilot license. Before the August 4, 1997 amendments to
part 61 (Amendments Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-
16367; April 4, 1997), Sec. 61.75 provided that to apply for a U.S.
pilot certificate on the basis of a foreign pilot license, the pilot
had to hold a foreign pilot license at the level of private pilot
certificate or higher. The foreign pilot license must be issued by an
ICAO member State. Under the 1997 Amendments, the requirement that the
foreign pilot license to be at the level of private pilot certificate
or higher was deleted without considering that there are some foreign
countries that issue pilot certificates below the private pilot license
(i.e., recreational pilot licenses, sport pilot licenses, or private
pilot licenses with a limitation that restricts a pilot from exercising
the foreign pilot license to a particular foreign country). (See 62 FR
16257 and 16321; April 4, 1997.) Therefore, this final rule revises
Sec. 61.75(a) and (b) to clarify that the foreign pilot license used
to apply for the U.S. private pilot certificate under the provisions of
this section must be at a private pilot license level or higher,
without geographical restrictions, or otherwise meet at least the
private pilot licensing requirements of ICAO Annex 1.
45. This revision of Sec. 61.75(b)(3) permits the issuance of a U.S.
private pilot certificate to foreign pilots who hold a U.S. student
pilot certificate
This final rule revises Sec. 61.75(b)(3) to clarify that a person
who holds a foreign pilot license (when the foreign civil aviation
authority that issued the foreign pilot license is a member State to
ICAO) may apply for a U.S. private pilot certificate if that person
holds a U.S. student pilot certificate.
Prior to the 1997 final rule (Amendments Nos. 1-47, 61-102, 141-8,
and 143-6; 62 FR 16220-16367; April 4, 1997), Sec. 61.75(b)(3) allowed
a U.S. pilot certificate to be issued to the holder of a foreign pilot
certificate if ``he [did] not hold a U.S. pilot certificate of private
pilot grade or higher.'' When the FAA amended Sec. 61.75(b)(3), it
deleted the words ``of private pilot grade or higher'' to accommodate
the recreational pilot certificate without considering that this change
apparently eliminated persons who hold a foreign pilot license from
being able to hold U.S. student pilot certificates. This was
unintentional. Thus, under this revision, we are clarifying that a
person who holds a foreign pilot license may also hold a U.S. student
pilot certificate and still apply for a Sec. 61.75 U.S. private pilot
certificate. Furthermore, it should be understood that persons who hold
a foreign pilot license may also apply for and receive a U.S. pilot
certificate through the standard part 61 pilot certification process or
under the special provisions and procedures of Sec. 61.75.
46. This revision of Sec. 61.75(c) clarifies that an aircraft rating
on a pilot certificate based on a foreign pilot license is issued for
private pilot certificate privileges only
This final rule revises Sec. 61.75(c) to clarify that an aircraft
rating on a U.S. pilot certificate that was issued on the basis of
rating(s) held on the person's foreign pilot license is issued for
private pilot privileges only. Before the 1997 Amendments (Amendments
Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997),
a person who held a commercial pilot license or higher level foreign
pilot license issued by an ICAO contracting State could apply for and
be issued U.S. commercial pilot certificate with the appropriate
ratings. When Sec. 61.75 was amended, the rule provided for the
issuance of a U.S. pilot certificate at the private pilot certification
level only. Specifically, Sec. 61.75(a) permitted a holder of a
foreign pilot license issued by an ICAO contracting State to ``apply
for and be issued a private pilot certificate with the appropriate
ratings when the application is based on the foreign pilot license.''
However, there is some confusion whether Sec. 61.75(c) applies to
additional ratings for those foreign pilots who were issued U.S. pilot
certificates under Sec. 61.75. Therefore, to further clarify Sec.
61.75(c) and its conformity to existing Sec. 61.75(a), limiting
issuance of the U.S. pilot certificate to the private pilot
certificate, this final rule adds the phrase ``for private pilot
privileges only'' to Sec. 61.75(c).
One commenter opposed the proposed provision, asserting that
foreign commercial pilots should be eligible for FAA commercial pilot
certificates. The essence of the rule change is merely to further
clarify the intent of the rule and no substantive changes have been
made. Therefore, the FAA is adopting the revision as proposed in the
NPRM.
47. This revision of Sec. 61.75(e) corrects an error in the rule that
states ``U.S. private pilot certificate'' when it should state ``U.S.
pilot certificate''
Before the last major change to part 61 (Amendments Nos. 1-47, 61-
102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), the FAA had
issued U.S. commercial pilot certificates to holders of foreign
commercial pilot licenses or higher who applied for our U.S. commercial
pilot certificate and ratings on the basis of Sec. 61.75. When the FAA
amended paragraph (e) under Sec. 61.75, the rule was changed to read a
person who receives a ``U.S. private pilot certificate.'' The rule,
however, needs to account for those outstanding foreign pilots who hold
U.S. commercial pilot certificates. Therefore, the final rule revises
Sec. 61.75(e), (1), (4), (f), and (g) accordingly.
48. This revision of Sec. 61.77 clarifies the requirements for
issuance of Special Purpose Pilot Authorizations
This final rule revises various paragraphs in Sec. 61.77 to
address confusion about the special purpose pilot authorizations and
correct some inconsistencies. The special purpose pilot authorization
is a letter issued by the FAA to a foreign pilot for the purpose of
performing pilot duties on a civil aircraft of U.S. registry that is
leased to a person who is not a citizen
[[Page 42528]]
of the United States for the purpose of carrying persons or property
for compensation or hire.
Since Sec. 61.77 was last revised under the 1997 amendments
(Amendments Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-16367;
April 4, 1997), there has been confusion as to whom could be issued a
special purpose pilot authorization and what kind of operations are
permitted under a special purpose pilot authorization. For example, the
FAA discovered that a foreign corporate operator was issued special
purpose pilot authorizations in error. The FAA never intended that
special purpose pilot authorizations be issued to foreign corporate
operators who are not performing the carriage of persons or property
for compensation or hire. Foreign pilots involved in part 91 operations
have the ability to apply for and receive U.S. pilot certificates in
accordance with Sec. 61.75 or through the standard part 61 pilot
certification process. Therefore, this final rule adds Sec.
61.77(a)(2)(i) through (iv) to clarify what kind of operations foreign
pilots are required to be performing to be eligible for a special
purpose pilot authorization.
Additionally, the FAA has determined that the citizenship or
resident status requirement under existing Sec. 61.77(b)(1) conflicts
with the policy authorizing holders of foreign pilot licenses to serve
as pilots in U.S. registered aircraft for the kinds of flight
operations covered by special purpose pilot authorizations. Thus, the
citizenship or resident status requirement is unnecessary. The revision
will delete the phrase ``from which the person holds citizenship or
resident status'' under Sec. 61.77(b)(1) because some pilots of
foreign air carriers do not hold citizenship or resident status in the
country from which they hold their pilot licenses, as is the case of U.
S. citizens who serve as flight crewmembers aboard U.S. registered
aircraft for foreign air carriers. Therefore, we have determined this
requirement in Sec. 61.77(b)(1) is burdensome and unnecessary.
Furthermore, this final rule deletes Sec. 61.77(b)(5) (i.e., a
recent flight experience requirement under Sec. 61.57 to be issued a
special purpose pilot authorization) because the normal procedure for
issuing special purpose pilot authorizations requires the foreign air
carriers only to send the application and copies of the person's
foreign pilot and medical licenses to the FAA and does not require the
airman to appear in person to the FAA. The FAA has no way of
determining whether the pilot has complied with Sec. 61.57 currency
requirements. Therefore, this final rule deletes existing Sec.
61.77(b)(5).
49. This revision of Sec. 61.96(b)(9) requires a person to hold either
a student pilot certificate or sport pilot certificate when applying
for a recreational pilot certificate
Revised Sec. 61.96(b)(9) requires a person to hold either a
student pilot certificate or sport pilot certificate to apply for a
recreational pilot certificate. The FAA believes the rules implicitly
require a person to hold a student pilot certificate before making
application for a recreational pilot certificate. To apply for a
recreational pilot certificate, an applicant must log at least three
hours of solo flight time. (See 14 CFR 61.99(b).) To operate an
aircraft in solo flight, the person must hold at least a student pilot
certificate. (See 14 CFR 61.87(l)(1).) To avoid any further confusion,
this final rule now specifies a person to hold either a student pilot
certificate or sport pilot certificate before applying for a
recreational pilot certificate.
One commenter supported the proposed requirement that a
recreational pilot applicant hold a student pilot certificate. Four
commenters asserted a recreational pilot applicant should hold either a
student pilot certificate or a sport pilot certificate.
We agree that Sec. 61.96(b)(9) be further revised to allow holding
either a student pilot certificate or sport pilot certificate. We have
changed the rule accordingly.
50. This revision of Sec. 61.101(e)(1)(iii) allows for a holder of a
recreational pilot certificate to act as PIC in rotorcraft with more
than a 180 horsepower powerplant
Currently, holders of recreational pilot certificates are limited
from acting as pilot in command (PIC) of an aircraft certificated
``with a powerplant of more than 180 horsepower.'' The purpose for the
more than 180 horsepower powerplant limitation was restricting
recreational pilots to slower, less complex aircraft. The FAA has
determined that the 180 horsepower powerplant limitation is
inappropriate for helicopters or gyroplanes. For example, the Bell 47
is a 1950-era helicopter that is simple in design and easy to fly, but
some Bell 47 helicopters' engines exceed the 180 horsepower rating.
This meant recreational pilots were restricted from acting as PIC of
these kinds of helicopters. Therefore, this final rule revises Sec.
61.101(e)(1)(iii) to exclude aircraft that are certificated in the
rotorcraft category from the 180 horsepower powerplant limitation. The
180 horsepower powerplant limitation will only apply to aircraft
certificated in the airplane category.
Additionally, we are making a correction in Sec. 61.101 in
paragraph (j) that references ``paragraph (h)'' when the rule should
reference ``paragraph (i).'' This mistake was recently discovered.
Paragraph (h) is a rule about the requirement for adding the notation
``Holder does not meet ICAO requirements'' to the recreational pilot
certificate. Paragraph (i) is the correct rule that should be
referenced in paragraph (j) as it provides the requirements for flying
solo for holders of recreational pilot certificates.
51. This revision Sec. 61.103(j) requires a person either hold a
student pilot certificate, sport pilot certificate, or a recreational
pilot certificate when applying for a private pilot certificate
Revised Sec. 61.103(j) now requires a person to hold either a
student pilot certificate, sport pilot certificate, or recreational
pilot certificate when applying for a private pilot certificate. The
rules implicitly require a person to either have a student pilot or
recreational pilot certificate before applying for a private pilot
certificate. To apply for a private pilot certificate, an applicant
must log at least 10 hours of solo flight time (See 14 CFR 61.109). To
operate an aircraft in solo flight, the person must hold at least a
student pilot certificate (See 14 CFR 61.87(l)(1)). However, to address
any possible confusion, this revision explicitly specifies that a
person hold either a student pilot certificate, sport pilot
certificate, or recreational pilot certificate in order to apply for a
private pilot certificate.
Two commenters supported the proposed eligibility requirements for
a private pilot certificate. Seven commenters asserted the proposed
requirements for a private pilot certificate fail to address holders of
sport pilot certificates and recommended that a private pilot candidate
be required to hold a student pilot certificate, a recreational pilot
certificate, or a sport pilot certificate.
The FAA acknowledges comments received on this proposal. The FAA
agrees with the commenters who requested that Sec. 61.103(j) be
further revised to allow holding either a student pilot certificate,
sport pilot certificate, or recreational pilot certificate. We have
changed the rule accordingly.
[[Page 42529]]
52. This revision of Sec. 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii)
amends the solo cross country mileage requirements for consistency with
the mileage requirements under the definition of ``cross country''
This final rule revises Sec. 61.109(a)(5)(ii), (b)(5)(ii), and
(e)(5)(ii), standardizing use of the term ``cross country'' throughout
part 61. Under Sec. 61.1(b)(3)(ii), the FAA defines the distance of a
cross country flight, in pertinent part, as ``more than 50 nautical
miles.'' Under Sec. 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the
regulations erroneously state, ``of at least 50 nautical miles.'' The
revision amends all definitions of ``cross country'' to read ``more
than 50 nautical miles.'' Four commenters supported changing the
definition of cross country. One commenter asserted the change will
eliminate questions regarding rounding without a significant negative
impact. Nine commenters objected to the change with one arguing that
the change could force performance of longer cross country flights in
instances where existing airport pairings are exactly the specified
number of miles apart. One commenter believed there was no compelling
safety or other concerns sufficient to mandate the change, and another
commenter asserted the proposed change would only provide minimal
benefits.
Two commenters recommended that, rather than changing Sec.
61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the FAA change Sec.
61.1(b)(3)(ii) to read ``at least'' for continuity purposes. One
commenter recommended that, if the definition of cross country flight
is to be changed to a format of ``more than'' a number of miles, that
mileages be reduced by one mile (i.e., from at least 50 miles to more
than 49 miles). One commenter asserted the change will eliminate
rounding without a significant negative impact. One commenter asserted
the costs of the change outweigh the minimal benefit resulting from
changing the definition. One commenter, while opposing the change, will
accept it if it would prevent issuance of a certificate stating
``Holder does not meet ICAO requirements.''
The purpose of the rule change is to correct a mistake in the
former rule and no substantive changes have been made.
53. This revision of Sec. 61.109(c)(4)(ii) amends the solo cross
country distance requirement for the private pilot-helicopter rating
This final rule revises Sec. 61.109(c)(4)(ii) so the cross country
distance requirement for the helicopter rating at the private pilot
certification level conforms to ICAO requirements and the FAA's cross
country distance definition in Sec. 61.1(b)(3)(v). The existing solo
cross country distance requirement under Sec. 61.109(c)(4)(ii) for the
private pilot-helicopter rating states that the solo cross country
flight must be ``at least 75 nautical miles total distance.'' The ICAO
requirements, set forth under Annex I, paragraph 2.7.1.3.2 require that
the total distance be at least 100 nautical miles total distance.
Therefore, this final rule revises the private pilot-helicopter rating
requirement to conform to the ICAO requirement.
Additionally, the helicopter rating for private pilot certification
under Sec. 61.109(c)(4)(ii) erroneously states ``of at least 25
nautical miles.'' This final rule revises the rules to read ``more than
25 nautical miles'' to conform to the definition of ``cross country''
under Sec. 61.1(b)(3)(v).
Seven commenters objected to the change. The FAA already addressed
many of these comments earlier in this document. The concerns included:
forcing performance of longer cross country flights in cases where
existing airport pairings are exactly the specified number of miles
apart; no compelling safety reason; and, the costs of the change
outweigh the minimal benefit resulting from changing the definition.
The essence of this rule change is to parallel our rule with ICAO
standards, so that U.S. pilot certification conforms to international
civil aviation standards and our private pilot certificate is
recognized by the other ICAO member States. Therefore, we are adopting
the revision as proposed in the NPRM.
54. This revision of Sec. 61.109(d)(4)(ii) amends the solo cross
country distance requirement for the private pilot-gyroplane rating
This final rule revises Sec. 61.109(d)(4)(ii) to conform the cross
country distance for the gyroplane rating at the private pilot
certification level to the ICAO requirements for the gyroplane rating
and to Sec. 61.1(b)(3)(v). The existing solo cross country distance
requirement for the private pilot-gyroplane rating states that the solo
cross country flight must be ``at least 75 nautical miles total
distance.'' The ICAO requirements, set forth under Annex I, paragraph
2.7.1.3.2, require that the total distance be at least 100 nautical
miles total distance. Therefore, this final rule revises the cross
country distance for the private pilot-gyroplane rating to conform to
the ICAO's cross country distance requirement for the gyroplane rating
at the private pilot certification level. Additionally, the gyroplane
rating for private pilot certification under Sec. 61.109(d)(4)(ii)
erroneously states ``of at least 25 nautical miles.'' The revision
amends the rule to read: ``more than 25 nautical miles'' in conformance
with the definition of ``cross country'' under Sec. 61.1(b)(3)(v).
Four commenters supported changing the definition. Seven commenters
objected to the change. One commenter, while opposing the change, would
accept it if it prevented issuance of a certificate stating ``Holder
does not meet ICAO requirements.''
The essence of this rule change is to parallel our rule with ICAO
standards, so that U.S. pilot certification conform to international
civil aviation standards and our private pilot certificate is
recognized by the other ICAO Member States to ICAO. Therefore, the FAA
is adopting the revision as proposed in the NPRM.
55. This revision of Sec. 61.127(b)(4)(vi) adds a requirement for
ground reference maneuvers for commercial pilot certification-gyroplane
rating
Revised Sec. 61.127(b)(4)(vi) will require training in ``ground
reference maneuvers'' for the gyroplane rating at the commercial pilot
certification level. When the FAA amended the area of operations under
Sec. 61.127 for the gyroplane rating at the commercial pilot
certification level, the reference to ``ground reference maneuvers''
was deleted. After further review, this final rule re-instates the
``ground reference maneuvers'' as an area of operation for the
gyroplane rating at the commercial pilot certification level. We
believe this to be an important training and certification task. The
ground reference maneuvers must include at least ``eights around a
pylon,'' ``eights along a road,'' ``rectangular course,'' ``S-turns,''
and ``turns around a point.''
Three commenters supported the addition of ground reference
maneuvers as an area of operation for a commercial pilot gyroplane
rating. One commenter did not object to the addition of ground
reference maneuvers, but opposed the inclusion of specific maneuvers in
the regulation while another opposed the introduction of rectangular
course, S-turns, and turns around a point because these maneuvers are
trained and tested at the private pilot level.
The FAA acknowledges the supportive comments received on this
proposal. The one commenter's statement that the rectangular course, s-
turns, and turns around a point are trained and tested at the private
pilot level is accurate. However, the difference will be that the
maneuvers must now be performed to commercial pilot certification
standards. The FAA is
[[Page 42530]]
adopting the revision as proposed in the NPRM.
56. This revision of Sec. 61.127(b)(5)(vii) deletes the requirement
for the ``ground reference maneuver'' in the area of operation for
commercial pilot certification-powered-lift rating
This final rule deletes ``ground reference maneuver'' area of
operation under Sec. 61.127(b)(5)(vii) for the powered-lift rating at
the commercial pilot certification level. The FAA has determined that
the ``ground reference maneuver'' is not appropriate for the powered-
lift rating at the commercial pilot certification level.
Two commenters supported the elimination of ground reference
maneuvers as an area of operation for a commercial pilot powered-lift
rating. Two other commenters opposed the elimination of ground
reference maneuvers. The Greater St. Louis Flight Instructor
Association argued in their comments that because powered lifts exhibit
the qualities of both airplanes and helicopters, maneuvers unique to
both aircraft should be demonstrated. One commenter opined that since
there are no certified civilian powered-lifts, there is no way to know
what maneuvers are appropriate for testing. The commenter recommended
no changes be made until a Flight Standardization Board (FSB) has
determined if changes are required.
The FAA acknowledges the comments received on this proposal. The
FAA has not completed its FSB report on any make and model of powered-
lift currently under production; however, because powered-lifts have
flight characteristics of both the airplane and helicopter, we have
determined that training on ``ground reference maneuvers'' would not be
appropriate for the powered-lift rating at the commercial pilot
certification level. The FAA does not intend to require ground
reference maneuvers for certification during development of its FSB
report, nor do we intend to require the maneuvers for the powered-lift
rating for the commercial pilot certificate. The FAA is adopting the
revision as it proposed in the NPRM.
57. This revision of Sec. 61.129(a)(3)(i) clarifies the tasks required
for ``instrument training'' for commercial pilot certification-airplane
single engine rating
Ever since the instrument aeronautical experience requirement was
adopted under Sec. 61.129 by the 1997 amendments (Amendments Nos. 1-
47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), the
FAA has received questions about appropriate training for instrument
aeronautical experience. Therefore, the FAA has revised Sec.
61.129(a)(3)(i) to clarify tasks required for ``instrument aeronautical
experience'' for the airplane single engine rating at the commercial
pilot certification level. Under this revision, ``instrument
aeronautical experience'' will include at least ``10 hours of
instrument training, of which at least 5 hours must be in a single
engine airplane and must include training using a view-limiting device
for attitude instrument flying, partial panel skills, recovery from
unusual flight attitudes, and intercepting and tracking navigational
systems.''
Two commenters generally supported the instrument training
requirements proposal. One comment supported requiring five hours of
training. Six commenters objected to the unqualified requirement that a
view-limiting device be used for instrument training arguing that
students should be permitted to train without a view-limiting device in
actual instrument meteorological conditions (IMC) if the instructor is
instrument current. Four commenters recommended the rule be modified to
require training in actual IMC or using a view-limiting device. One
commenter recommended use of a view-limiting device at the instructor's
discretion. Two commenters recommended a minimum amount of actual
instrument experience be required.
The essence of the Sec. 61.129(a)(3)(i) is to clarify tasks
required for ``instrument aeronautical experience'' for the airplane
single engine rating at the commercial pilot certification level. Under
this revision ``instrument aeronautical experience'' will include at
least ``10 hours of instrument training, of which 5 hours must be in a
single engine airplane and must include training using a view-limiting
device for attitude instrument flying, partial panel skills, recovery
from unusual flight attitudes, and intercepting and tracking
navigational systems.''
The purpose of this change is to further clarify the intent of the
rule and no substantive changes have been made. As for the commenters'
objections to use a view-limiting device and perform the instrument
training in IMC, the answer is an aircraft being flown in IMC does not
necessarily limit a person's vision to the outside and horizon. For
example, an aircraft may be being flown between cloud layers and be
considered an IMC operation; however, the pilot may be able to see
outside the aircraft and see some portions of the horizon. Another
example would be an aircraft being flown at night with reduced flight
visibility; however, the ground lights and lighting around cities and
towns would not limit a person's visual cues to the outside and
horizon. The FAA has determined that requiring the use of a view-
limiting device will better insure quality instrument training. The FAA
is adopting the revision as proposed in the NPRM.
58. This revision of Sec. 61.129(b)(3)(i) clarifies the tasks required
for ``instrument training'' for commercial pilot certification-airplane
multiengine rating
This final rule revises Sec. 61.129(b)(3)(i) to clarify the tasks
required for ``instrument training'' for the airplane multiengine
rating at the commercial pilot certification level. Revised Sec.
61.129(b)(3)(i) provides that instrument aeronautical experience must
include at least ``10 hours of instrument training, of which at least
five hours must be in a multiengine airplane and must include training
using a view-limiting device for attitude instrument flying, partial
panel skills, recovery from unusual flight attitudes, and intercepting
and tracking navigational systems.''
Two commenters generally supported the instrument training
requirements for a commercial pilot certificate and one supported the
requirement for five hours of training. Five commenters objected to the
unqualified requirement that a view-limiting device be used for
instrument training asserting students should be permitted to train
without a view-limiting device in actual IMC if instructor is
instrument current. Two commenters recommended the rule be modified to
require training in actual IMC or using a view-limiting device. Two
commenters recommended use of a view-limiting device be at the
discretion of the instructor. One commenter recommended a minimum
amount of actual instrument experience be required.
Our responses to these kinds of comments were previously answered
in the discussion of Sec. 61.129(a)(3)(i) above. The essence of the
change is merely to further clarify the intent of the rule and no
substantive changes have been made.
59. This revision of Sec. 61.129(c)(3)(i) allows use of a flight
simulator, flight training device, or aviation training device for some
of the instrument training required for commercial pilot certification-
helicopter rating
Revised Sec. 61.129(c)(3)(i) will allow instrument training
required for the helicopter rating at the commercial pilot
certification level to be performed in an aircraft, flight simulator
(FS), flight
[[Page 42531]]
training device (FTD), or aviation training device (ATD). In response
to questions raised by the general aviation and flight training
community, the training is required to satisfy instrument training for
the helicopter rating at the commercial pilot certification level. The
instrument training will include at least ``5 hours of instrument
training and must include training using a view-limiting device for
attitude instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational systems.''
One commenter supported the proposed changes to the instrument
training requirements for a commercial helicopter rating and two others
supported the proposed changes to the language describing the
instrument training required. One commenter recommended even more
descriptive language providing specific maneuvers to be conducted,
similar to that used for the private pilot single engine airplane
requirements. One commenter supported the proposed requirement that all
required instrument training be performed in a helicopter because under
current rules, pilots may receive all required instrument training in
another category of aircraft resulting in ineffective learning. One
commenter rejected any argument that instrument helicopter training
will be without cost implications, because he believes that most
training helicopters are not certified for instrument flight and
asserts that training for flight by reference to instruments does not
require the kinds of flight instruments required under instrument
flight rules (i.e., Sec. 91.205(d)). One commenter asserted that,
unlike airplane pilots, helicopter pilots generally do not tend to
obtain their instrument ratings before obtaining a commercial rating.
Four commenters, including American Eurocopter and HAI, recommended
requiring 10 hours of flight by reference to instruments. Four
commenters stated the history of accidents involving inadvertent flight
into IMC warrants an increase in the amount of required instrument
training, rather than a decrease.
Two commenters noted commercial helicopter pilots may act in common
carriage without an instrument rating without distance or other
restrictions. Four commenters opposed the requirement for five hours of
training on flying a helicopter solely by reference to instruments. Two
commenters asserted the proposed requirement will force many commercial
pilot candidates to train in larger, more expensive helicopters. AOPA
asserted that pilots may have difficulty gaining access to instrument
equipped helicopters or an appropriately configured simulator, flight
training device (FTD), or personal computer aviation training device
(PCATD). One commenter noted few helicopters used for training are
equipped with more than basic VFR instruments. Another commenter
asserted that since non-instrument rated pilots are not required to
maintain instrument currency, any skills acquired will rapidly
deteriorate and negatively impact safety by giving pilots a false
impression they are qualified to fly in marginal VFR conditions. One
commenter asserted the proposed rule will unnecessarily force many
helicopter instructors to obtain instrument ratings. Two commenters
stated the history of accidents involving inadvertent flight into IMC
does not support the proposed provision because most accidents have
involved instrument-rated pilots. Four commenters objected to the
unqualified requirement that a view-limiting device be used for
instrument training.
The commenters asserted students should be permitted to train
without a view-limiting device in actual IMC if the instructor is
instrument current. One commenter recommended the rule be modified to
require training in actual IMC or using a view-limiting device. Three
commenters recommended use of a view-limiting device be at the
discretion of the instructor. American Eurocopter and HAI recommended
the FAA require 10 hours of instrument instruction but permit five
hours to be conducted in a simulator, flight training device or PCATD.
Under the old Sec. 61.129(c)(3)(i), the rule required that
applicants for a commercial pilot certificate for the helicopter rating
receive ``10 hours of instrument training in an aircraft.'' This
proposed change merely provides other methods (i.e., use of a flight
simulator, flight training device, or an aviation training device) for
an applicant to receive instrument training. Our responses to these
comments were previously answered in the discussion of Sec.
61.129(a)(3)(i) above. We are adopting the revision as proposed in the
NPRM.
60. This revision of Sec. 61.129(d)(3)(i) allows for use of flight
simulators, flight training devices, or aviation training devices for
some of the instrument training required for commercial pilot
certification-gyroplane rating
Revised Sec. 61.129(d)(3)(i) reduces the number of hours of
instrument training required from five to 2.5 hours and allows
instrument training required for the gyroplane rating at the commercial
pilot certification level to be performed in an aircraft, FS, FTD, or
ATD. The FAA believes that the training for the commercial pilot-
gyroplane rating will be more useful if the training focused on other
tasks. We recognize that gyroplanes are normally not sufficiently
equipped for instrument flight operations and are flown mostly in
daytime, visual meteorological conditions.
This final rule has clarified the instrument training required to
satisfy the ``instrument training'' for the gyroplane rating at the
commercial pilot certification level. The instrument training will have
to include at least 2.5 hours of instrument training, including
training using a view-limiting device for attitude instrument flying,
partial panel skills, recovery from unusual flight attitudes, and
intercepting and tracking navigational systems.
Two commenters supported the proposed commercial pilot gyroplane
rating instrument training requirements. One commenter opposed the
reduction in required instrument training time from five hours to 2.5
hours, and argued alternatives to training in the aircraft make the
requirement less onerous, and claimed, that training appropriate for a
helicopter rating should be appropriate for gyroplanes as well. The
commenter also pointed out that if five hours is completed, a pilot
adding an additional class in the same category would not need any
additional training time. Seven commenters stated instrument training
for a commercial gyroplane rating is unnecessary and recommended its
elimination. Two commenters argued the training time would be better
devoted to basic flying skills since the vast majority of gyroplane
operations are day VFR. These commenters added that accident history
does not indicate that inadvertent flight into IMC is a significant
causal factor. Three commenters noted gyroplanes are particularly
unforgiving if unusual attitudes are encountered in IFR. Four
commenters stated few or no gyroplanes are equipped for IFR. One
commenter recommended making instrument privileges for a gyroplane
rating optional, while two commenters recommended eliminating all
instrument training requirements for gyroplanes. One commenter asserted
a majority of pilots acquiring commercial pilot certificates with the
gyroplane rating do so in order to instruct. The commenter asserted a
lack of qualified instructors is a significant factor in gyroplane
accidents, and that requiring instrument training for a commercial
[[Page 42532]]
rating creates an unnecessary obstacle to becoming an instructor.
Two commenters objected to the unqualified requirement that a view-
limiting device be used for instrument training. One commenter
recommended the rule be modified to require training in actual IMC or
using a view-limiting device and one commenter recommended use of a
view-limiting device be at the discretion of the instructor.
Under the old Sec. 61.129(d)(3)(i), the rule required that
applicants for a commercial pilot certificate for the gyroplane rating
receive ``5 hours of instrument training in an aircraft.'' This
proposed change merely reduces the hours requirement to 2.5 hours and
provides other methods (i.e., use of a flight simulator, flight
training device, or an aviation training device) for an applicant to
receive instrument training. Additionally, the FAA is aware that
gyroplanes are not certificated for instrument flight; however, this
minimal amount of instrument training is to provide pilots with some
training about flying in instrument conditions to make them better
skilled and alert for instrument flight conditions.
Our response to these kinds of comments were previously answered in
the FAA Analysis paragraph in proposal No. 57 about Sec.
61.129(a)(3)(i) above. The FAA acknowledges the comments received about
this proposal. The FAA is adopting the revision as proposed in the
NPRM.
61. This revision of Sec. 61.129(e)(3)(i) clarifies the tasks required
for ``instrument training'' for commercial pilot certification-powered-
lift rating
This final rule revises Sec. 61.129(e)(3)(i) for the powered-lift
rating at the commercial pilot certification level. This revision
requires at least 10 hours of instrument training, of which at least
five hours must be in a powered-lift and must include training using a
view-limiting device for attitude instrument flying, partial panel
skills, recovery from unusual flight attitudes, and intercepting and
tracking navigational systems.
Five commenters objected to the unqualified requirement that a
view-limiting device for instrument training, arguing that students
should be permitted to train without a view-limiting device in actual
IMC if the instructor is instrument current. Two commenters recommended
the rule be modified to require training in actual IMC or using a view-
limiting device. Three commenters recommended use of a view-limiting
device be at the discretion of the instructor.
Our response to these kinds of comments were previously answered in
the FAA discussion of Sec. 61.129(a)(3)(i) above. The FAA acknowledges
the comments received about this proposal. We are adopting the revision
as proposed in the NPRM.
62. This revision of Sec. 61.129 for commercial pilot certification
allows cross country training flights to be performed under VFR or IFR
This final rule revises Sec. 61.129(a)(3)(iii) and (iv),
(b)(3)(iii) and (iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) and
(iii), (g)(4)(ii) and (iii) to allow the required cross country flights
for commercial pilot certification to be performed under VFR or IFR.
Previously, Sec. 61.129 required one cross country flight in day
VFR conditions and one cross country flight in night VFR conditions.
Since establishing these cross country training requirements at the
commercial pilot certification level, the FAA has received requests
from several pilot training schools that we allow flights to be
performed under IFR conditions. According to the schools, most
applicants for commercial pilot certification-airplane rating and some
applicants for the helicopter rating are enrolled in an instrument
rating course at the same time they are undergoing their commercial
pilot certification training.
Eleven commenters supported the proposed provision permitting cross
country flights for commercial pilot certification to be performed
under VFR or IFR conditions. Four commenters asserted training will
better reflect true-to-life scenarios. Four commenters opposed the
proposed provision, and three commenters stated the visual navigation
skills required for VFR cross country flight should not be
deemphasized. One commenter noted that under the proposed rules, a
pilot could complete the cross country requirement in two flights,
under IFR or VFR conditions. The commenter stated the commercial pilot
certificate-helicopter candidates should be required to perform cross
country flights under VFR, because helicopters typically operate under
VFR.
We agree it makes sense to allow the cross country training
requirements under Sec. 61.129 to be performed under IFR conditions.
The FAA agrees and is allowing the cross country training requirements
under Sec. 61.129 for commercial pilot certification for the airplane,
rotorcraft, powered-lift, and airship ratings to be performed under VFR
or IFR conditions.
We also agree that navigation using pilotage and dead reckoning is
important; however, a commercial pilot applicant will have received VFR
cross country navigation training during their training and practical
test for their private pilot certificate. In the case of cross country
navigation training for the commercial pilot certificate, we believe
the determination of whether the cross country training is performed
under VFR or IFR is best left to the needs of the applicant and the
instructor's discretion. For these reasons, the FAA is adopting the
revision as proposed in the NPRM.
63. This revision of Sec. 61.129(d)(3)(iii) deletes the night training
requirement for commercial pilot certification-gyroplane rating
This final rule deletes the night cross country aeronautical
experience requirement under Sec. 61.129(d)(3)(iii) for the gyroplane
rating at the commercial pilot certification level. This final rule
replaces the night cross country aeronautical experience requirement
with two hours of flight training at night that consists of ten
takeoffs and ten landings at an airport.
Nine commenters supported eliminating the night cross country
experience requirement for a commercial gyroplane rating and five
commenters stated the requirement presents an unacceptable risk because
the open cockpits of gyroplanes require lower altitude flight with
reduced gliding range and because the instrumentation of gyroplanes is
limited. One commenter asserted the requirement has discouraged
potential gyroplane instructors from acquiring a commercial
certificate. Two commenters asserted landing proficiency is of
particular importance in gyroplane operations, and the night cross
country requirement should be replaced with a requirement for a minimum
amount of night flight including a minimum number of takeoffs and
landings. One commenter opposed elimination of the night cross country
requirement arguing if it is appropriate for a helicopter rating, it
should be appropriate for gyroplanes. The commenter also stated a
commercial gyroplane pilot could subsequently obtain a helicopter class
rating with no additional training time and no night cross country
experience.
The FAA made this revision so that nighttime training for the
gyroplane rating at the commercial pilot certification level will be
more useful and more safely conducted in the vicinity of an airport.
Gyroplanes have limited equipment and systems for
[[Page 42533]]
nighttime operations, and a cross country flight raises some added
safety concerns in gyroplanes given its limited instrument flight and
navigation capabilities. Therefore, the FAA is adopting the revision as
proposed in the NPRM.
64. This revision of Sec. 61.129 amends the commercial pilot
certification solo aeronautical experience requirements to allow the
aeronautical experience to be performed either solo or while performing
the duties of PIC with an instructor on board
This final rule revises Sec. 61.129(a)(4), (c)(4), (d)(4), (e)(4),
and (g)(2) to allow the commercial pilot certification aeronautical
experience to be conducted either solo or while performing the duties
of PIC with an instructor on board. Even though the commercial pilot
certification aeronautical experience requirements for a multiengine
airplane rating allow the aeronautical experience requirements to be
conducted either solo or with an authorized instructor on board (See
Sec. 61.129(b)(4)), the solo aeronautical experience requirements were
purposely written differently for other aircraft categories. This is
because comments received in response to Notice No. 95-11 (60 FR 41160-
41284; August 11, 1995) indicated that some insurance policies prohibit
persons who do not already hold the multiengine airplane category and
class rating on their pilot certificate from flying solo in multiengine
airplanes.
Five commenters supported the proposed provision permitting flights
previously required to be performed solo with an instructor on board.
One commenter stated the knowledge requirements are unchanged, and an
additional pilot scanning for traffic enhances safety. Three commenters
asserted that upon receiving private pilot certificates, pilots are
permitted to fly solo and carry passengers, and should have no further
solo flight requirements.
Thirteen commenters opposed the provision with seven arguing that
solo flight contributes to the development of essential self-reliance,
decision-making, and command skills. Two commenters stated that, under
the proposed rules, a pilot could progress all the way to an ATP
certificate with only 10 hours of solo flight early in training. One
commenter recommended pilots completing a commercial certificate with
zero solo time in class be issued ratings limited to second in command
(SIC) privileges. One commenter suggested if it is not possible for an
applicant to perform the flights solo, then dual instruction
requirements should be increased. Two commenters believed the proposed
provision is driven by insurance and cost concerns, rather than safety
or education concerns and insurance concerns should not restrict solo
flight by commercial pilot candidates. The commenter stated most
commercial pilot training is performed in either a single engine fixed
gear airplane or in some low performance single engine retractable gear
airplane, neither of which is difficult to insure.
The Greater St. Louis Flight Instructor Association rejected the
argument that flights with an instructor on board foster cockpit
resource management (CRM) skills, noting that the purpose of part 61
training is to prepare pilots to fly to single-pilot standards, not to
prepare them for a future airline career. The association also asserted
the proposed provision subverts the intent of Sec. 91.3, which defines
the PIC as directly responsible for, and the final authority on, the
operation of the aircraft. Finally, the association asserted students
ostensibly acting as PIC will defer to flight instructors and
Examiners.
One commenter recommended solo cross country experience be
required, but that pilots working toward a commercial multiengine
airplane rating be permitted to perform the flights in a single engine
airplane to avoid potential insurance conflicts. Two commenters,
including AOPA, recommended permitting performance of cross country
flights solo or with an instructor on board and that commercial pilot
candidates be permitted to perform the flights with passengers on
board. One commenter recommended all pilots who hold a private or sport
pilot certificate be permitted to fulfill solo flight requirements for
additional certificates or ratings with an instructor on board, or
while carrying passengers, arguing that carrying passengers allows
pilots to share costs and expose potential future students to the
experience of flight without degrading safety. Finally one commenter
opposed the underlying requirement for a long cross country flight from
commercial pilot candidates because it is only meant to conform to ICAO
standards.
Since the adoption of Sec. 61.129, the FAA has learned that some
operators of the other categories and classes of aircraft also have the
same insurance policy restrictions. Many of these aircraft operators
also believe solo provisions for commercial pilot certification-
multiengine airplane rating is beneficial in teaching crew resource
management (CRM). These provisions permit the training to be performed
solo or with an instructor on board while the applicant is performing
the duties of PIC in a multiengine airplane. Some operators have said
that they will be agreeable to their commercial pilot applicants
practicing abnormal and emergency procedures if the applicant's
instructor was on board. Therefore, this final rule provides for
commercial pilot certification for the single engine airplane,
helicopter, gyroplane, powered-lift, and airship ratings to be
performed either solo or while performing the duties of PIC with an
authorized instructor aboard.
We believe the negative comments against this proposal are more of
a philosophical disagreement than a safety issue. The existing rule,
Sec. 61.129(b)(4), has permitted the commercial pilot-airplane
multiengine training to be performed either solo or with an instructor
on board since August 4, 1997, and there has not been any difference
noted in safety or the quality of the skills and abilities of
commercial pilot-airplane multiengine applicants. We believe applicants
and instructors have used this training for commercial pilot-airplane
multiengine applicants to achieve proficiency in crew resource
management and coordination with an SIC designated pilot.
For the stated reasons, the FAA is adopting the revision as
proposed in the NPRM.
65. This revision of Sec. 61.129(g)(3)(i) clarifies the tasks required
for the ``instrument training'' for commercial pilot certification-
airship rating
Ever since the instrument aeronautical experience requirement was
adopted under Sec. 61.129 by the 1997 amendments (Amendments Nos. 1-
47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), we
have received questions about what is considered appropriate training
to cover instrument aeronautical experience. Revised Sec.
61.129(g)(3)(i) clarifies the tasks required for ``instrument
training'' for the airship rating at the commercial pilot certification
level to include the use of a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual flight
attitudes, and intercepting and tracking navigational systems.
There were no specific comments about this proposal on the
instrument tasks required for the commercial pilot-airship rating. The
comments received focused on clarifying the tasks required for
``instrument training'' for the other categories and classes of
aircraft at the commercial pilot certification level.
Our responses to these kinds of comments were previously answered
in
[[Page 42534]]
the discussion of Sec. 61.129(a)(3)(i). We are adopting the revision
as it was proposed in the NPRM.
66. This revision of Sec. 61.153(d)(3) changes the ATP eligibility
requirements for pilots who are applying for the ATP certificate on the
basis of holding a foreign commercial or ATP pilot license
This final rule makes minor clarifying revisions to Sec.
61.153(d)(3), the airline transport pilot (ATP) eligibility
requirements for persons holding foreign commercial or ATP pilot
licenses, by including the requirement that the foreign commercial or
ATP pilot license contains no geographical limitations. The FAA has
determined that a foreign applicant for the U.S. ATP certificate should
not be qualified if the foreign ATP license has a geographical
limitation. Although this situation very rarely (if ever) occurs, the
FAA wants to clarify the rule to avoid any potential future conflicts.
67. This revision re-structures Sec. 61.157, moves the provisions for
use and limitations of flight simulators and flight training devices
from the ATP flight proficiency requirements to the Sec. 61.64, and
makes other clarifying revisions
We are revising Sec. 61.157(f) to clarify the aeronautical
knowledge areas to be demonstrated during a competency test/proficiency
check under air carrier operating rules for an applicant to qualify for
an ATP and/or an additional aircraft rating.
For a part 135 pilot applicant, the items currently required to be
demonstrated in order to qualify for such a certificate or additional
rating are the aeronautical knowledge areas of Sec. 135.293(a)(1)
through (8) and the maneuvers and procedures listed in Sec.
135.293(b), plus an instrument proficiency check as outlined in the
Sec. 135.297. Under part 121, the corresponding requirements are
listed in Sec. 121.441 and consist of the ``aircraft specific''
maneuvers and procedures listed in part 121, appendix F. The part 135
testing requirements, which include such ``generic'' knowledge areas as
air traffic control procedures and meteorology in general, go beyond
the requirements of part 121. An objective of this rule change,
therefore, is to synchronize the testing requirements between parts 121
and 135 so that the same items are required to be tested by an
applicant under either part.
Two commenters asserted the proposed changes to Sec. Sec. 61.63
and 61.157 and new Sec. 61.64 would have a significant and detrimental
impact on the use of flight simulators and the flight training industry
and supported the text of the existing rules.
The FAA has, by policy, typically limited part 142 training center
contract Check Airmen and designated pilot Examiners to testing part
135 pilot applicants on the aeronautical knowledge area of Sec.
135.293(a)(2) and not on the other areas listed in Sec. 135.293(a)(1)
and (3) through (8). This has sometimes caused a problem in showing
that an applicant has fully met all regulatory requirements,
considering that Sec. 61.157(f)(2) specifies that these knowledge
areas must be tested by ``an authorized designated pilot examiner or
FAA aviation safety inspector.'' Further, the rule is silent on the
role of a part 142 Training Center Evaluator (TCE), who is also a
certifying official, and who may be acting in the role of contract
check airman.
To ensure the rule is written correctly and in accordance with
current policy and acceptable operating practices, we are revising
Sec. 61.157(f) to clarify that the part 135 competency test described
in the rule means a PIC competency check involving the aeronautical
knowledge areas of Sec. 135.293(a)(2), the maneuvers and procedures
listed in Sec. 135.293(b), and the instrument proficiency check
described in Sec. 135.297. This means that a part 135 pilot applicant
who accomplishes a part 135 competency/proficiency check with a part
142 training center or designated pilot examiner will be eligible for
an ATP certificate or additional aircraft rating, but still must
accomplish the other aeronautical knowledge areas of Sec.
135.293(a)(1) and (3) through (8) with their company check airman or
FAA Aviation Safety Inspector to meet the part 135 PIC competency check
requirements. Without these requirements being completed, a part 135
pilot applicant, although having received an appropriate certificate
and aircraft rating, will not meet the qualification requirements to
serve as a required flight crewmember under part 135.
The rule change will also formally clarify the designee/certifying
official role played by a part 142 Training Center Evaluator who is
also authorized by an air carrier's Principal Operations Inspector
(POI) as a contract check airman.
This final rule rewords Sec. 61.157(g) (former paragraph (j)) and
clarifies the use of an aircraft on a practical test for a type rating
that is not capable of instrument maneuvers and procedures and the
issuance of a type rating with a VFR limitation under those
circumstances. This revision parallels the revised change under Sec.
61.63(e).
Additionally, this revision removes paragraphs (g), (h), and (i),
that provided for the use and limitations of a flight simulator and
flight training device, and moves those requirements into Sec. 61.64.
The FAA's response to the comments about this proposal related to
where we moved the use and limitations of flight simulators and flight
training devices from Sec. 61.157 to Sec. 61.64 and other clarifying
changes was previously addressed above in the paragraph about the
changes to Sec. 61.63 and Sec. 61.64. The establishment of this rule
merely consolidates the use of flight simulators and flight training
devices into Sec. 61.64 and for these reasons the FAA is adopting the
revision as it was proposed in the NPRM.
68. This revision of Sec. 61.157(h) requires an applicant for a type
rating at the ATP certification level in a multiengine, single-pilot
station airplane to perform the requirements in a multi-seat version of
that multiengine airplane
Revised Sec. 61.157(h) will require an applicant for a type rating
at the ATP certification level for a multiengine airplane with single-
pilot station to perform the practical test in the multi-pilot seat
version of that multiengine airplane. The practical test may be
performed in the single-seat version of that airplane if the Examiner
is in a position to observe the applicant during the practical test in
the case where there is no multi-seat version of that multiengine
airplane. This revision parallels Sec. 61.63(f) for a type rating in a
multiengine airplane with single-pilot station at other than the ATP
certification level.
69. This revision of Sec. 61.157(i) requires an applicant for a type
rating at the ATP certification level in a single-engine, single-pilot
station airplane to meet the requirements of this part in a multi-seat
version of that single engine airplane
Revised Sec. 61.157(i) will require an applicant for a type rating
at the ATP certification level for a single engine airplane with
single-pilot station to perform the practical test in the multi-pilot
seat version of that single engine airplane. The practical test may be
performed in the single-seat version of that airplane if the Examiner
is able to observe the applicant during the practical test when there
is no multi-seat version of that single engine airplane. This revision
parallels Sec. 61.63(g) for a type rating in a single engine airplane
with single-pilot station at other than the ATP certification level.
[[Page 42535]]
70. This revision of Sec. 61.159(c)(3) allows U.S. military flight
engineers to credit flight engineer time when applying for an ATP pilot
certificate
Revised Sec. 61.159(c)(3) allows a U.S. military flight engineer
to credit flight engineer time toward the aeronautical experience
requirements for an ATP certificate. Under Sec. 61.159(c)(2), a flight
engineer who is employed by a part 121 operator is allowed to credit
flight engineer time toward an ATP certificate. Revised Sec.
61.159(c)(3) affords military rated flight engineers the same
opportunity.
Three commenters supported the proposed provision permitting flight
engineers to credit military flight engineer time toward a civilian ATP
certificate. The Greater St. Louis Flight Instructor Association
recommended the proposal be expanded to include all rated military
flight crewmembers that perform flight related duties (e.g., Naval
Flight Officers, U.S. Air Force navigators, and weapons system
operators (WSO)) that hold an FAA pilot certificate during the time
they perform and log their experience. The FAA is adopting the revision
as proposed in the NPRM.
71. This revision of Sec. 61.159(d) and (e) conforms the ATP
aeronautical experience requirements to the ICAO ATP requirements
This final rule revises Sec. 61.159(d) and (e) for conformity to
current International Civil Aviation Organization (ICAO) airline
transport pilot (ATP) aeronautical experience requirements for the
airplane category as stated in paragraphs 2.1.9.2 and 2.5.1.3 of the
Personnel Licensing, ICAO Annex 1.
For many years, the FAA has received numerous inquiries as to
whether applicants for an ATP certificate with the ICAO limitation
``Holder does not meet the pilot in command aeronautical experience
requirements of ICAO'' must have 1,500 hours of total time as a pilot
or 1,200 hours of flight time as a pilot as stated in Sec.
61.159(d)(2). The current FAA regulation applies an obsolete ICAO ATP
airplane aeronautical experience rule. Before 1974, ICAO only required
1,200 hours of total flight time to qualify for an ATP certificate in
the airplane category. In 1974, ICAO amended its ATP aeronautical
experience requirements for the airplane category to require 1,500
hours of flight time as a pilot and retained the additional qualifying
aeronautical experience requirements of only permitting 50 percent of
an applicant's second-in-command time to be credited with none of an
applicant's flight-engineer time being credited (see paragraphs 2.1.9
and 2.5.1.3 of ICAO Annex 1, Personnel Licensing). This revised change
harmonizes FAA regulations to ICAO's current standard.
72. This revision of Sec. 61.187(b)(6)(vii) deletes the flight
instructor-glider flight proficiency maneuver known as the ``go
around'' task
This final rule deletes the flight instructor-glider flight
proficiency maneuver known as the ``go around'' under Sec.
61.187(b)(6)(vii). Understandably, a non-powered glider is not capable
of performing a ``go-around'' maneuver.
One commenter supported elimination of the go around maneuver from
the glider flight instructor rating requirement. One commenter opposed
the removal of the go around requirement from the flight proficiency
requirements for a glider instructor rating because a go around may be
appropriate and applicable in a self-launching glider.
In a self-launching glider, it is possible that a pilot may have to
perform a go-around maneuver. However, the FAA is attempting to
establish training requirements that are most appropriate for the
glider. For pilots taking training in a self-launching glider, flight
instructors may want to give their students training on the go-around
maneuver, and that decision will be left to the flight instructor and
the student when they arrange the training that is best suited to that
student's needs and wants. For these reasons, the FAA is adopting the
revision as proposed in the NPRM.
73. This revision of Sec. 61.195(c) establishes the flight instructor
qualifications for providing instrument training in-flight at the
commercial pilot and ATP certification levels
This final rule clarifies the flight instructor qualifications for
flight instructors who provide instrument training at the commercial
pilot and ATP certification levels. For example, Sec. 61.129 requires
ten hours of instrument training for the airplane-single-engine,
airplane-multiengine, helicopter, gyroplane, powered-lift, and airship
ratings at the commercial pilot certification levels. This final rule
revises Sec. 61.195(c) to establish that a flight instructor who
provides instrument training required at the commercial pilot and
airline transport pilot certification levels must hold an instrument
rating on both his/her pilot and flight instructor certificates that
are appropriate to the category and class of aircraft in which
instrument training is being provided.
Six commenters supported the proposed requirement that instructors
providing instrument training for most certificates and ratings hold
instrument ratings on their instructor certificates. One commenter
recommended an instrument instructor rating be required to administer
instrument instruction in any context and this is FAA's past
interpretation. Four commenters recommended the language of the
proposed rule be revised. Three commenters asserted the proposed
language appears to require an instructor to hold an instrument rating
in both the category and class of aircraft, which is not possible,
because instructor certificates do not have class ratings. One
commenter recommended the requirement apply to an instrument rating on
the instructor's pilot certificate, and an appropriate class and
category rating on the instructor's flight instructor certificate. Two
commenters objected to the requirement that an instructor providing
instrument training for a commercial certificate hold an instrument
rating on his or her instructor certificate.
The University of Oklahoma Aviation Department noted there are no
instrument flight tasks in the commercial pilot training standards
(PTS) and the commercial pilot instrument training requirements are
very similar to those for the private pilot certificate. The university
further asserted the rule will unnecessarily confine non-instrument
rated instructors to teaching private pilot students, or will result in
a discontinuation of instruction of commercial pilot students. Two
commenters asserted an instructor with an instrument rating on his/her
pilot certificate can effectively provide instrument instruction toward
a private or commercial certificate. One commenter questioned whether
any safety data shows that the basic instrument instruction
administered by instructors not holding instrument instructor ratings
has been a causal accident factor. One commenter asserted that the
General Aviation Operations Inspector Handbook indicates that an
instrument instructor holding a multiengine rating on his/her pilot
certificate (but not on their instructor certificate) may administer
instrument instruction in a multiengine airplane. This commenter
further objected to the proposed ``class and category'' language of
Sec. 61.195(c), because it will prohibit this practice. Another
commenter directly opposed this position because an instructor who does
not hold an
[[Page 42536]]
airplane multiengine instructor rating should not be permitted to give
any kind of instruction in a multiengine airplane.
The FAA has always made a distinction between the instructor
qualifications for flight instructors who provide private pilot
training of maneuvering an aircraft ``solely by reference to
instruments, including straight and level flight, constant airspeed
climbs, and descents, turns to a heading, recovery from unusual flight
attitudes, radio communications, and the use of navigation systems/
facilities and radar services appropriate to instrument flight'' as
opposed to the more advanced instrument training required for
commercial pilot certification. A flight instructor without an
instrument rating on his/her flight instructor certificate may provide
this training for private pilot certification. However, the more
advanced instrument training required for commercial pilot
certification requires a flight instructor who holds a flight
instructor certificate with the instrument qualification. We do not
find any reason to change this policy. Therefore, the FAA is adopting
the revision as proposed in the NPRM.
We have reviewed the rule text language in Sec. 61.195(c) in
response to the question of whether our change now requires an
instrument rating on the aircraft category and class rating of the
flight instructor certificate. In Sec. 61.5(c)(4), the rule is clear
that the instrument rating on the flight instructor certificate relates
to the aircraft category rating, and is not issued to the aircraft
class rating. The phrase in Sec. 61.195(c) that states ``that is
appropriate to the category and class of aircraft for the training
provided'' applies to the category and class of aircraft on the flight
instructor holder's pilot certificate. The phrase in Sec. 61.195(c)
that states ``that is appropriate to the category * * * of aircraft for
the training provided'' applies to the category of aircraft on the
flight instructor holder's instrument rating and flight instructor
certificate. The commenter was correct that the instrument rating is
only associated with the aircraft category rating on a flight
instructor certificate. However, to ensure that the flight instructor
holds the appropriate instrument rating or instrument privileges on
both his/her pilot certificate and flight instructor certificate, we
believe this was the most appropriate way to write this rule.
The FAA disagrees that a non-instrument rated flight instructor
should be able to teach the instrument training required for commercial
pilot certification. The FAA expects the instrument training required
for commercial pilot certification to be more advanced and requires
that the flight instructor who teaches instrument training at the
commercial pilot certification level hold an instrument rating on their
flight instructor certificate.
In accordance with Sec. 61.195(b)(1), a flight instructor who does
not hold the appropriate airplane multiengine rating on his/her flight
instructor certificate and the appropriate airplane category
multiengine class rating on his/her pilot certificate may not conduct
instrument training in a multiengine airplane unless that flight
instructor holds the appropriate airplane category multiengine class
rating on his/her pilot certificate and flight instructor certificate.
A flight instructor who only holds a flight instructor certificate with
an Instrument-Airplane rating and no airplane category multiengine
class rating on his/her pilot certificate may not conduct instrument
training in a multiengine airplane. The commenter's understanding is
wrong.
74. This revision of Sec. 61.195(d)(3) deletes the endorsement
requirement on a student pilot certificate for solo flight into Class B
airspace
This final rule deletes the requirement under Sec. 61.195(d)(3)
that a flight instructor must endorse a student pilot's certificate to
authorize a solo flight in a Class B airspace area or at an airport
within Class B airspace. Under Sec. 61.95(a)(2) and (b)(2), a student
pilot is required only to have his or her logbook endorsed when seeking
authorization to perform solo flight in Class B airspace or at an
airport within Class B airspace. This change will make the flight
instructor endorsement requirement parallel the student pilot
endorsement requirements of existing Sec. 61.95(a)(2) and (b)(2).
75. This revision of Sec. 61.195(k) establishes flight instructor
night vision goggle qualification requirements for a flight instructor
This final rule amends Sec. 61.195(k) to establish qualification
requirements for a flight instructor to give PIC qualification and
recent training for NVG operations. This final rule requires that an
instructor who gives PIC qualification and NVG operations training must
meet the eligibility requirements set forth in Sec. 61.195.
American Eurocopter and HAI noted civilian NVG operations differ
greatly from military NVG operations and recommended the FAA account
for this when prescribing NVG operations and certification
requirements. American Eurocopter and HAI further recommended reducing
the flight instructor experience qualifications for giving NVG PIC
qualification and currency training from 100 operations to 60
operations and requiring that instructors have NVG experience within
the preceding five years (using ANVIS 6 GEN III or above equipment).
They recommended such experience be in the category, class, and, if
applicable, type of aircraft in question. AOPA supported the general
concept of defining and addressing night vision goggle operations,
while deferring to NVG users regarding specific details of the proposed
provisions.
The specific missions of military pilots using NVGs may be
different than civilian pilots, but there is no difference in
prescribing training, qualifications, and recurrency for using NVGs. We
disagree that we should take in account the requirements for NVG
operations and certification between civilian pilots and flight
instructors using NVGs versus military pilots and instructor pilots. In
establishing these training, qualifications, and recurrency
requirements for using NVGs, we consulted with our civilian
stakeholders. For these reasons, the FAA is adopting the revision as
proposed in the NPRM.
76. This revision of Sec. 61.215(b) allows only a ground instructor
with an instrument rating to give ground training for the issuance of
an instrument rating and instrument proficiency check and for a
recommendation for the knowledge test required for an instrument rating
This final rule revises Sec. 61.215(b) to provide that only a
certified ground instructor with an instrument rating may give ground
training for the issuance of an instrument rating and instrument
proficiency check and for a recommendation for the knowledge test
required for an instrument rating. Under the old Sec. 61.215(b), the
rule erroneously permitted a ground instructor who held only an
advanced ground instructor (AGI) certificate to give instrument
training. The aeronautical knowledge subject areas for the AGI
certificate do not cover instrument subjects on the knowledge test.
Only the aeronautical knowledge subject areas for the instrument ground
instructor (IGI) certificate cover instrument subjects. Authorizing
instrument privileges to a holder of only an AGI certificate is not
appropriate.
Seven commenters supported the proposed requirement that an AGI
have an instrument rating to give ground
[[Page 42537]]
instruction toward an instrument rating or check ride. As the purpose
for the rule change is correcting a mistake in the former rule and no
substantive change is being made to the rule we are adopting the rule
as proposed in the NPRM.
77. This revision of Sec. 61.217(a) clarifies the recent experience
requirements for ground instructors
This final rule revises Sec. 61.217(a) to clarify the recent
experience requirements for ground instructors, particularly the
meaning of the phrase ``served for at least three months as a ground
instructor.'' This revision will delete this phrase and establish more
general criteria for recent experience requirements. The intent is to
recognize a person's employment or activity as a ground instructor
without that person being expected to maintain some kind of a time
sheet or log to show that he or she ``served for at least three months
as a ground instructor.''
One commenter asserted the proposed currency requirements are
unfair to ground instructors not teaching at a college, university or
part 141 school. The commenter suggested ground instructors be
permitted to maintain currency by undergoing the ground portion of a
flight instructor refresher course (FIRC) within the previous year.
Another commenter recommended any ground instructor who has added a
rating to their ground instructor certificate within the previous
twelve months be deemed current. One commenter supported the proposed
clarifications, but suggested the currency period be twenty-four
months, rather than twelve months, to coincide with the duration of
flight instructor privileges. Two commenters agreed that clarification
of ground instructor currency requirements is needed, but these
commenters asserted the proposed provisions leave unanswered what
amount of time employed, or actively instructing, within the previous
twelve months is necessary. In response, they recommended requiring a
minimum of thirty-five or forty hours of ground instruction in the
previous twelve calendar months. The Greater St. Louis Flight
Instructor Association proposed ground instructors be required to
complete a FIRC to renew their privileges every two years. This will
give ground instructors the same training that flight instructors
receive from attending a FIRC.
We believe the changes made to the currency requirements for ground
instructors are all-encompassing and allow ground instructors to
maintain their currency. The currency requirements are not just for
ground instructors who teach at a college, university, or a part 141
pilot school. Under Sec. 61.217, a ground instructor may maintain
currency by showing compliance with any of the four methods shown in
the rule.
In regard to the question about what amount of time employed, or
actively instructing, within the previous twelve months is necessary,
we have not established any specific amount of time of employment or
activity as a ground instructor giving pilot, flight instructor, or
ground instructor training. Rather the time must be reasonable and
documented. For example, a ground instructor can show some kind of
documentation or evidence that he/she taught a ground school lesson at
a FIRC and be able to show the starting and ending teaching dates
during the preceding twelve calendar months.
As for the recommendation requiring a minimum of thirty-five hours
to forty hours of ground instruction in the preceding twelve calendar
months, that recommendation is outside the scope of this rulemaking
project. We did not propose such a change in the NPRM and we cannot
adopt the recommendation in this final rule.
Likewise, the comment from the Greater St. Louis Flight Instructor
Association requiring ground instructors attend a FIRC every two years
is also outside the scope of this rulemaking project. For the above
reasons, we are adopting the changes as proposed in the NPRM.
78. This revision of Sec. 91.205(h) establishes the night vision
goggle instrument and equipment requirements for night vision goggle
operations
This final rule adds a new paragraph (h) in Sec. 91.205 that
establishes the required NVG instruments and equipment for NVG
operations. This new paragraph (h) is similar to how the FAA requires
certain instruments and equipment for VFR (day), VFR (night), and IFR
operations under existing Sec. 91.205. This new paragraph (h)
establishes the instruments and equipment required to be installed in
the aircraft that are required to be functioning in a normal manner,
and that must be approved for use by the FAA.
One commenter noted most NVG approved cockpit lighting supplemental
type certificates (STC) require installation of a radar altimeter and
recommended requiring the use of a radar altimeter only in an
environment where such use would enhance safety of flight, such as
extended over water operations or low contrast areas such as desert or
snow. AOPA supported the general concept of defining and addressing NVG
operations, while deferring to NVG users regarding specific operational
details.
In response to the recommendation about providing an exception from
the aircraft's STC that requires installation of a radar altimeter, we
have reviewed our STC approval process for required NVG equipment and
our policy established in FAA Order 8900.1, Volume 4, Chapter 7,
Section 4, paragraph 4-1128 B. 3. We agree that we should have required
a radar altimeter in the listing of equipment required for NVG
operations. Therefore, we have further revised Sec. 91.205(h) by
including a radar altimeter in the listing of required equipment for
aircraft used in NVG operations. We do not consider this addition as a
change from our proposal in the NPRM, because a radar altimeter is a
required item of equipment in order to receive STC approval of an
aircraft for NVG operations.
79. This revision of Sec. 141.5 clarifies that the number of
``counters'' for a pilot school or provisional pilot school to qualify
for the 80 percent or higher pass rate must be 10 different people
This final rule revises Sec. 141.5 clarifying the definition of
``a quality of training pass rate of at least 80 percent.'' The purpose
of this change is to establish that the number of ``counters'' for
meeting the required 80 percent or higher school pass rate of requiring
10 different graduates, meaning 10 different people. A graduate can
only be counted once in computing the 80 percent pass rate on the first
attempt. American Flyers asserted a minimum 80% pass rate seems high,
especially when a 90% pass rate raises suspicions of a conflict of
interest. American Flyers suggested a 70% pass rate would be more
realistic and consistent with other acceptable performance standards.
Six commenters opposed the proposed requirement that the pass rate used
to certify part 141 schools use data from 10 different individuals,
claiming the requirement discriminates against smaller schools, and
stated the same student completing different courses provides just as
effective an evaluation as different people completing the courses.
Three commenters raised concerns regarding the adequacy of training
that can be met by requiring the 10 tests used to determine pass rate
be practical tests. These commenters stated this requirement would
introduce an element of independence to the testing.
One commenter requested clarification on what course graduations
[[Page 42538]]
are used to determine a school's pass rate, understanding that the
total of all courses taken by all students is used to calculate the
pass rate.
The wording of the old Sec. 141.5 raised interpretation questions
about how many graduates had to graduate for a school to meet the 80
percent or higher pass rate. Some posed scenarios where one person
could be counted as all 10 graduates. The FAA disagreed and has amended
Sec. 141.5 to clarify that the 10 graduates must be 10 different
people. The FAA believes that requiring the pass rate to be calculated
from 10 different graduates is a better measure of the school's quality
of training and provides a more realistic view of the school's pass
rate.
In response to the commenter's request for clarification on what
course graduations are used to determine a pilot school's pass rate,
all approved courses may be considered. For example, a part 141 pilot
school has courses approved for: Private Pilot Course for the Airplane
Single Engine Land; Instrument Rating Course for the Airplane Single
Engine Land; Commercial Pilot Course for the Airplane Single Engine;
Commercial Pilot Course for the Airplane Multiengine; Flight Instructor
Course for the Airplane Single Engine; Flight Instructor Course for the
Airplane Multiengine; and Flight Instructor Instrument Course for the
Airplane Single Engine. The 10 students can come from any of those 7
approved courses or just from one of the approved courses. However, as
required Sec. 141.5(e), the part 141 pilot school must have graduated
at least 10 different students.
The requirement in Sec. 141.5(d) that ``at least 80 percent of
those persons passed their tests on the first attempt'' is not a change
from the existing rule. The purpose of this change is clarifying the
intent of the rule. Therefore, the FAA is adopting the revision as
proposed in the NPRM.
80. This revision of Sec. 141.9 clarifies the intent and meaning of
examining authority
The FAA has found it necessary to revise the language under Sec.
141.9 because some have misunderstood the rule and believe that when
the FAA issues examining authority to a pilot school, it also
authorizes examining authority for all the training courses of that
school. This is not true.
One commenter recommended eliminating the granting of examining
authority to flight schools because of the amount of trouble it has
caused.
The FAA provides examining authority on a course-by-course basis.
This means that if the pilot school makes specific application for a
course, the FAA will issue examining authority as long as it meets the
qualification requirements of Sec. 141.63 for that specific course of
training. Furthermore, the FAA only issues examining authority to a
pilot school that meets the requirements of subpart D of part 141, as
opposed to a provisional pilot school. Under Sec. 141.63, a
provisional pilot school is not qualified to receive examining
authority.
81. This revision of Sec. 141.33(d)(2) reduces the number of student
enrollments to qualify for a check instructor position
This final rule revises Sec. 141.33(d)(2) to reduce the number of
student enrollments from 50 students to 10 students in a part 141 pilot
school to qualify for check instructor positions. This revision
demonstrates we are responding positively to recommendations from the
pilot school industry to authorize the use of check instructors in some
of the smaller pilot schools.
Three commenters argued there should be no minimum number of
students for a flight school to be eligible to use check instructors,
and recommended each requested case-by-case evaluation be made by the
school's jurisdictional Flight Standards District Office (FSDO).
The FAA initially established the figure of 50 student enrollments
when it promulgated Sec. 141.33(d)(2) to provide for those flight
schools that train large numbers of students. (See 62 FR 16350; April
4, 1997.) The position of check instructor was established because the
FAA understands it is nearly impossible to expect chief instructors and
assistant chief instructors to perform all the required stage checks,
end-of-course tests, and instructor proficiency checks in large pilot
schools. However, since the adoption of Sec. 141.33(d)(2), a number of
moderate-sized flight schools have informed the FAA that they have
sufficient student activity to justify check instructors. For example,
one chief instructor commented that his/her school has 15 student
enrollments and each student requires six stage checks and one end-of-
course test. Thus, he/she is required to perform 105 tests on his
school's 15 student enrollments. Another chief instructor commented
that he has 15 stage and end-of-course tests per student in his part
141 approved course. This computes to a total of 300 tests he/she must
perform.
The FAA has made it clear that it does not expect the chief and
assistant chief instructors to delegate all their duties and
responsibilities to the check instructors (See 62 FR 16350; April 4,
1997). The FAA encourages and expects chief and assistant chief
instructors to continue to have direct experience monitoring the
quality of instruction and student performance in their schools. The
FAA expects the school's chief and assistant chief instructors to
continue checking their instructors' quality of training and their
students' performance. However, the FAA also recognizes that this can
be done by sampling instructor proficiency and student performance. The
FAA does not believe it is necessary to establish a regulatory
requirement on the numbers of stage checks, end-of-course tests, and
instructor proficiency checks that each chief instructor or assistant
chief instructor must perform. That decision may be left to the
school's management.
When the FAA initially considered this change to the eligibility
requirements for qualifying for a check instructor position, we
consulted with several pilot schools and the National Air Transport
Association. This final rule has reduced the number of student
enrollments to qualify for the creation of a check instructor position
to ten students. A minimum of 10 student enrollments will allow for
check instructor positions to be designated for the medium-sized and
the smaller pilot schools. Even though check instructors will probably
conduct most of the phase and final checks, this does not alleviate
chief and assistant chief instructors from performing their duties and
responsibilities to ``spot check'' a sampling of their students during
the phase and final checks. The reason for reducing the eligibility
requirements for qualifying for a check instructor position from 50
students down to 10 students was that we wanted to be fair and
reasonable with the smaller pilot schools. In adopting this change to
Sec. 141.33(d)(3), we consider this number to be fair and reasonable.
82. This revision of Sec. 141.39(b) provides for the use of foreign
registered aircraft to be used by part 141 training facilities that are
located outside of the United States
This final rule revises Sec. 141.39(b) to allow the use of foreign
registered aircraft for part 141 training facilities that are located
outside of the U.S. and conduct training outside of the U.S.
Under Amendment No. 141-11 (63 FR 53532; October 5, 1998), the FAA
allowed part 141 schools to establish training facilities outside the
United
[[Page 42539]]
States. Pilot schools either transport U.S. registered aircraft to
those foreign countries or are allowed to use foreign-registered
aircraft in their part 141 pilot schools. Section 141.39 has been
revised to accommodate those part 141 schools who want to establish
training facilities outside the United States.
Under the old Sec. 141.39, the rule was worded in such a way that
only allowed a pilot school's maintenance and inspection standards to
be maintained under part 91, subpart E. In this revised Sec. 141.39,
the rule allows for the use of foreign-registered aircraft and foreign
maintenance and inspection standards established by a foreign aviation
authority in pilot schools located outside of the United States when
the training is conducted outside the United States.
83. This revision deletes Sec. 141.53(c)(1) because the requirement is
no longer needed
This final rule deletes the provision under Sec. 141.53(c)(1) that
a training course submitted for approval prior to August 4, 1997, if
approved, retains approval until 1 year after August 4, 1997. The
requirement is no longer needed because all courses under part 141 had
to receive their re-approval as of August 4, 1998. The provision is now
obsolete.
84. This revision of Sec. 141.55(e)(2)(ii) clarifies the requirement
for approval of a training course
For clarification purposes, this final rule has changed the phrase
``the practical or knowledge test, or any combination thereof'' under
Sec. 141.55(e)(2)(ii) to read ``the practical or knowledge test, as
appropriate.'' When a pilot school requests final approval for a
knowledge training course, at least 80 percent of their students must
have passed the knowledge test on the first attempt (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''). When a pilot school requests final approval for a
flight training course, at least 80 percent of their students must have
passed the practical test on the first attempt (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 a flight simulator,
or in a flight training device''). The current language is confusing
and the testing requirements have been misapplied.
85. This revision of Sec. 141.77(c) clarifies the requirements for
crediting previous training when transferring to a part 141 pilot
school
This final rule clarifies Sec. 141.77(c) relating to crediting
previous training based on a proficiency test or a knowledge test.
Under the old Sec. 141.77(c), the regulation provided that for
students who transfer to a part 141 pilot school, credit for previous
training must be based on ``a proficiency test or knowledge test, or
both.'' This language has generated questions about whether it is
possible to credit previous flight training strictly on the basis of
knowledge test results. The answer is no. The FAA never intended to
allow a transfer student to be awarded flight training credit purely on
the basis of completing a knowledge test. Nor did the FAA intend to
allow a transfer student to be awarded ground training credit on the
basis of completing a proficiency test.
A student who transfers to a part 141 pilot school and requests
credit for previous flight training must complete a proficiency test
that is given by the receiving pilot school's chief instructor or
delegated check instructor. A student who transfers to a part 141 pilot
school and requests credit for previous ground training must complete a
knowledge test that is given by the receiving pilot school's chief
instructor or delegated check instructor.
86. This revision of Sec. 141.85(a)(1) and (d) further clarifies what
tasks a chief instructor may delegate
This final rule revises Sec. 141.85(a)(1) and (d) to clarify that
the chief instructor may delegate the tasks of certification of a
student's training record, graduation certificate, stage check, end-of-
course test report, and recommendation for course completion to an
assistant chief instructor or recommending instructor. The reason for
this revision is to allow pilot schools to make better use of chief
instructors' time and management responsibilities.
87. This revision of part 141, appendix B, paragraph 2 amends the
eligibility requirement for enrollment in the flight portion of a
private pilot certification course
This final rule revises part 141, appendix B, paragraph 2 to
require a student to hold at least a recreational or student pilot
certificate before enrolling in the flight portion of the private pilot
certification course. This means that a student must complete his or
her medical licensing before beginning flight training. Many pilot
schools have voiced support for re-wording the rule to: (1) Affect
their ability to credit orientation flights towards overall training
requirements of its students (it is common practice when a person
inquires about flight training to provide that person a local
orientation flight); and (2) extend the time for a flight physical for
students attending a pilot school in a remote area (since it may take a
week or two to get an appointment).
Three commenters recommended that, in addition to student and
recreational pilot certificates, students holding a sport pilot
certificate should be permitted to enter into the solo phase of the
program.
The FAA considered these recommendations in drafting this change to
part 141, appendix B, paragraph 2, to require a person to hold a
recreational, sport, or student pilot certificate in order to begin the
solo phase of the private pilot certification course. This revision to
part 141, appendix B, paragraph 2, which states, in pertinent part,
``prior to enrollment in the solo flight phase of the private pilot
certification course.'' Prior to commencing the solo flight phase of
his/her training, a student pilot would not be required to hold any
kind of pilot certificate (e.g., recreational, sport, or student pilot
certificate) when receiving flight training with a flight instructor
aboard. Therefore, student pilots will be required to hold a
recreational, sport, or student pilot certificate only when they begin
the solo phase of their training course.
The FAA agrees with the commenters' recommendation and has further
revised part 141, appendix B, paragraph 2 to include the sport pilot
certificate.
88. This revision of part 141, appendix B, 4(b)(1)(iii), 4(b)(2)(iii),
and 4(b)(5)(iii) conforms the instrument training in the other private
pilot courses to instrument training for private pilot certification
for the airplane and powered-lift ratings
This final rule revises part 141, appendix B, 4(b)(1)(iii),
4(b)(2)(iii), and 4(b)(5)(iii) of the private pilot certification
courses for the airplane single-engine, airplane multiengine, and
powered-lift ratings, to mirror the requirements for private pilot
certification for the single engine airplane, multiengine airplane, or
powered-lift ratings under existing Sec. 61.109.
Two commenters opposed the proposed requirement of 3 hours of
instrument instruction in an aircraft asserting flight simulators,
flight training devices, and aviation training devices offer equal, if
not superior value
[[Page 42540]]
in providing instrument training. These commenters add this is
especially true in the structured, standardized environment of a part
141 program. One commenter recommended permitting the use of such
devices for all instrument training toward a private pilot certificate.
One commenter recommended permitting the use of such devices for up to
half of the required instrument training. One commenter recommended
instructors providing instrument instruction in connection with private
pilot certification be required to hold instrument ratings on their
instructor certificates. The essence of our change is to further
clarify the intent of the rule and no substantive changes have been
made. Therefore, we are adopting the revision as proposed in the NPRM.
89. This revision of part 141, appendix B, paragraph 5(a)(1) conforms
the solo cross country mileage requirement in a private pilot-airplane
single engine rating course to the definition of ``cross country''
This final rule revises the solo cross country distance requirement
in part 141, appendix B, paragraph 5(a)(1) for the private pilot
certification-airplane single engine rating course from requiring a
flight of ``at least 50 nautical miles'' to ``more than 50 nautical
miles.'' This revision is to conform the distance requirement under
this provision to the definition of ``cross country'' under Sec.
61.1(b)(3)(ii).
Five commenters objected to the change. One commenter asserted no
compelling safety or other concerns exist to mandate the change. Two
commenters recommended that rather than changing Sec.
61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the FAA change Sec.
61.1(b)(3)(ii) to read ``at least'' for continuity purposes.'' One
commenter recommended that, if the definition of cross country flight
is to be changed to a format of ``more than'' a number of miles, then
mileages should be reduced by one mile (that is, change the definition
from at least fifty miles to more than forty-nine miles).
We have previously responded to these kinds of comments in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.109(a). The FAA is adopting the revision as
proposed in the NPRM.
90. This revision of part 141, appendix B, paragraph 5(b)(1) conforms
the solo cross country mileage requirement in an approved private
pilot-airplane multiengine rating course to the definition of ``cross
country''
This final rule revises the solo cross country distance requirement
in part 141, appendix B, paragraph 5(b)(1) for the private pilot
certification-airplane multiengine rating course from requiring a
flight of ``at least 50 nautical miles'' to ``more than 50 nautical
miles.'' The purpose of this revision is to conform the distance
requirement under this provision to the definition of ``cross country''
under Sec. 61.1(b)(3)(ii).
Four commenters objected to the change. Two commenters recommended
that rather than changing Sec. 61.109(a)(5)(ii), (b)(5)(ii), and
(e)(5)(ii), the FAA change Sec. 61.1(b)(3)(ii) to read ``at least''
for continuity purposes. One commenter recommended that, if the
definition of cross country flight is to be changed to a format of
``more than'' a number of miles, then mileages should be reduced by one
mile (that is, change the definition from at least fifty miles to more
than forty-nine miles).
We have previously responded to these kinds of comments in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.109(b). The FAA is adopting the revision as
proposed in the NPRM.
91. This revision of part 141, appendix B, paragraph 5(c)(1) conforms
the solo cross country mileage requirement in an approved private
pilot-helicopter rating course to ICAO requirements and the definition
of ``cross country''
This final rule revises part 141, appendix B, paragraph 5(c)(1),
changing the solo cross country distance requirement for the private
pilot certification-helicopter rating course from ``at least 75
nautical miles total distance'' to ``at least 100 nautical miles total
distance.'' The revision conforms to the ICAO requirements for the
cross country distance, as set forth in ICAO Annex I, paragraph
2.7.1.3.2, which states that the total distance for a cross country
flight be at least 100 nautical miles. This final rule also revises the
solo cross country flight requirement in part 141, appendix B,
paragraph 5(c)(1) for the private pilot certification-helicopter rating
course from ``at least 25 nautical miles'' to ``more than 25 nautical
miles.'' The purpose of this revision is also to conform to the
distance requirement in Sec. 61.1(b)(3)(v).
Four commenters objected to the change. We previously responded to
similar comments in the preamble section of this rulemaking document
where we discussed this same change to Sec. 61.109(c). The FAA is
adopting the revision as it was proposed in the NPRM.
92. This revision of part 141, appendix B, paragraph 5(d)(1) conforms
the solo cross country mileage requirement in an approved private
pilot-gyroplane rating course to the definition of ``cross country''
This final rule revises part 141, appendix B, paragraph 5(d)(1),
changing the solo cross country distance requirement for the private
pilot certification-gyroplane rating course from ``at least 75 nautical
miles total distance'' to ``at least 100 nautical miles total
distance.'' The purpose of this revision is to conform to the ICAO
requirements for cross country distance, as set forth in ICAO Annex I,
paragraph 2.7.1.3.2, which states that the total distance for a cross
country flight be at least 100 nautical miles. This final rule revises
the solo cross country flight requirement in paragraph 5(d)(1) of
appendix B to part 141 for the private pilot certification-gyroplane
rating course from ``at least 25 nautical miles'' to ``more than 25
nautical miles.'' The purpose of this revision is also to conform the
distance requirement definition of ``cross country'' under Sec.
61.1(b)(3)(v).
Three commenters objected to the change. We have previously
responded to similar comments in the preamble section of the same
change to Sec. 61.109(d). The FAA is adopting the revision as proposed
in the NPRM.
93. This revision of part 141, appendix B, paragraph 5(e)(1) conforms
the solo cross country mileage requirement in an approved private
pilot-powered-lift rating course to the definition of ``cross country''
This final rule revises the solo cross country distance requirement
in part 141, appendix B, paragraph 5(e)(1) for the private pilot
certification-powered-lift rating course from ``at least 50 nautical
miles'' to ``more than 50 nautical miles.'' The purpose of this
revision is to conform the distance requirement under this provision to
definition of ``cross country'' under Sec. 61.1(b)(3)(ii).
Two commenters supported the change in the definition of cross
country flight from ``at least 50 nautical miles'' to ``more than 50
nautical miles''. We have previously responded to similar comments in
discussion of changes to Sec. 61.109(e). The FAA is adopting the
revision as proposed in the NPRM.
[[Page 42541]]
94. This revision of part 141, appendix C, paragraph 4(b)(5) and (6)
allows instrument training to be performed in an aviation training
device (ATD)
This final rule revises part 141, appendix C, paragraph 4(b) by
adding a paragraph (5). This change will allow 10 percent of the
instrument training for the instrument rating course to be performed in
an ATD. Under this revision, the instrument training that will be
performed in an aviation training device will be given by the holder of
a ground instructor certificate with an instrument rating or by a
holder of a flight instructor certificate with an instrument rating
appropriate to the instrument rating sought. The instrument training
given in an aviation training device will contribute to the maximum 50
percent of the instrument training permitted to be performed in a
flight simulator or a flight training device in accordance with
existing part 141, appendix C, paragraph 4(c). For an ATD to be used
for instrument training under paragraph 4(d), it will have to be
approved by the FAA. The instrument training in an ATD will have to be
provided by an authorized instructor. For a person to receive the
maximum 10 percent credit in an ATD, the person could not have logged
more than 40 percent of the required instrument training course hours
in a flight simulator or flight training device. A view-limiting device
(e.g., a hood device or fogged glasses) will have to be worn by the
applicant when logging instrument training in the aviation training
device.
ALPA questioned the value of personal computer aviation training
devices (PCATDs, also called ATDs) in developing the full skill set
necessary for instrument competency. American Eurocopter and HAI
recommended requirements for use of PCATDs include a requirement that
they be used in areas free of audible distraction, or that headsets be
used.
Four commenters opposed the provision limiting the use of PCATDs to
10% of the required instrument training. One commenter noted use of
PCATDs can improve the quality of instrument training. One commenter
stated the value of use of PCATDs is enhanced when they are used in a
structured part 141 training program. Four commenters stated that,
under part 61, PCATDs may be used for up to 10 hours of training toward
an instrument rating, which equates to 25% of the minimum of 40 hours
of training required under part 61.
The University of Oklahoma Aviation Department noted that a 10%
limitation is inconsistent with language in the preamble limiting use
of PCATDs to 50% of the training in a flight simulator or flight
training device. The university recommended the FAA refer to
percentages of instrument training hour requirements, as opposed to
total flight hour training requirements. This commenter stated the
reason for this is because the entirety of flight training hours in an
instrument rating course may not be instrument training hours.
We are not permitting aviation training devices to be used entirely
for the required training; only 10 percent of the total hours of
instrument training in an instrument rating course may be performed in
an aviation training device. We believe the use of ATD in performing at
least 10 percent of the total hours of instrument training in an
instrument rating course has been proven to show positive results and
has been beneficial in teaching instrument procedures. However, to
consider further expansion of the use of the aviation training devices,
we do not have sufficient data at this time to make this change. We
believe that performing the training in an area free of audible
distractions makes for a good and professional training environment and
a rule dictating this fact is not required.
Previously, we have only allowed ATDs to be used for a maximum of
10 hours in instrument training. We do allow a maximum combined usage
between flight simulators and flight training devices, and now aviation
training devices, to be used for a maximum combined usage of 50 percent
of the required training time in an instrument rating course.
In part 141, appendix C, paragraph 4(b)(4), the combined maximum
usage of flight simulators and flight training devices, and now ATDs,
is 50 percent toward the total hours of instrument training course. For
example, if an instrument training course requires thirty hours of
training, only a total of fifteen hours may be performed in a combined
usage of a flight simulator, flight training device, and aviation
training device. A flight simulator may only be used for a maximum of
fifteen hours (50 percent is the maximum usage for a flight simulator).
A flight training device may only be used for a maximum of twelve hours
(40 percent is the maximum usage for a flight training device). An
aviation training device may only be used for a maximum of three hours
(10 percent is the maximum usage for an aviation training device). In
counting the hours of maximum allowed usage, a flight simulator, flight
training device, and aviation training device (15 hours + 12 hours + 3
hours) equates to thirty hours. However, the combined usage of the
flight simulator, flight training device, and aviation training device
is limited to 50 percent of the total training hours, so only fifteen
hours of the training may be performed in a flight simulator, flight
training device, and aviation training device. If the training course
is authorized to perform three hours in an aviation training device,
then the remaining twelve hours may be performed in either a flight
simulator or flight training device or a combination of both.
The FAA is adopting the revision as proposed in the NPRM.
95. This revision of part 141, appendix D, paragraph 5 allows the solo
training requirements for the approved commercial pilot certification
courses to be performed solo or with an instructor on board
This final rule revises part 141, appendix D, paragraph 5 for a
commercial pilot certification course to be performed either solo or
with a flight instructor on board. The purpose of this revision is to
conform part 141, appendix D, paragraph 5 with revised Sec. Sec.
61.129(a)(4), (c)(4), (d)(4), and (e)(4) for the single engine
airplane, helicopter, gyroplane, and powered-lift ratings at the
commercial pilot certification level.
Five commenters opposed the provision. Two commenters asserted solo
flight contributes to the development of essential self-reliance,
decisionmaking, and command skills. Three commenters stated that under
the proposed rules, a pilot could progress to advanced certification
with only ten hours of solo flight early in training. Two commenters
asserted no safety of flight data supports the proposed provision. One
commenter recommended a solo flight requirement be retained, but that
pilots be permitted to obtain solo flight experience toward a
multiengine airplane rating in a single engine airplane to avoid
potential conflicts with insurance restrictions.
We have previously responded to these kinds of comments in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.129(a)(4), (c)(4), (d)(4), (e)(4), and (g)(2).
One commenter stated insurance concerns should not restrict solo
flight by commercial pilot candidates. This commenter stated most
commercial pilot training is performed in single engine fixed gear
airplanes and some low performance single engine retractable gear
airplanes, which are not difficult to insure. Another commenter
asserted that insurance policy
[[Page 42542]]
restrictions on the use of multiengine airplanes may present
difficulties for private pilot applicants from flying solo.
The Greater St. Louis Flight Instructor Association rejected the
argument that flights with an instructor on board foster cockpit
resource management (CRM) skills, noting that the purpose of part 61
training is to prepare pilots to fly to single-pilot standards, not to
prepare them for a future airline career. The association also argued
the proposed provision subverts the intent of Sec. 91.3 which defines
the PIC as directly responsible for, and the final authority on, the
operation of the aircraft. Finally, the association asserted students
ostensibly acting as PIC will defer to flight instructors and
examiners.
The FAA acknowledges the comments received about this proposal. We
have previously responded to these kinds of comments in the preamble
section of this rulemaking document where we discussed this same change
to Sec. 61.129(a)(4), (c)(4), (d)(4), (e)(4), and (g)(2).
96. This revision of part 141, appendix D, paragraph 4 allows the cross
country training flights for the approved commercial pilot
certification courses to be performed under VFR or IFR
This final rule revises part 141, appendix D, paragraph 4 to allow
cross country training flights in the commercial pilot certification
courses to be performed under VFR or IFR. This revision responds
positively to recommended changes to part 141 from some pilot schools.
From the time that the cross country training requirements under
part 141, appendix D, paragraph 4 were promulgated, the FAA has
received recommendations from several pilot schools and companies that
prepare training courses to amend the requirements to allow cross
country flights to be performed under IFR. The basis for their
recommendation is that most commercial pilot training applicants for
airplane ratings and some for helicopter ratings are concurrently
enrolled in an instrument rating course. The FAA agrees that it makes
sense to allow these cross country training requirements to be
performed under IFR or VFR. This final rule revises the requirements
for the daytime cross country training flight (See paragraphs
(b)(1)(iii), (b)(2)(iii), (b)(3)(ii), (b)(4)(ii), (b)(5)(ii),
(b)(7)(ii)) to read ``One cross country flight during daytime
conditions.'' This change will permit the daytime cross country
training flight to be performed under IFR or VFR.
Two commenters opposed the proposed provision. The commenters
stated the visual navigation skills required for VFR cross country
flight should not be deemphasized. One commenter stated commercial
pilot-helicopter candidates should be required to perform cross country
flights under VFR because helicopters typically operate under VFR.
This final rule provides that the nighttime cross country training
flight requirements (See paragraphs (b)(1)(iv), (b)(2)(iv),
(b)(3)(iii), (b)(5)(iii), and (b)(7)(iii)) in the commercial pilot
certification courses to read ``One cross country flight during
nighttime conditions.'' This revision will permit the nighttime cross
country training flight to be performed under IFR or under VFR.
We have previously responded to these kinds of comments in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.129(a)(3)(iii) and (iv), (b)(3)(iii) and (iv),
(c)(3)(iii) and (iv), (d)(2)(ii), (e)(3)(ii) and (iii), and (g)(3)(ii)
and (iii). The FAA is adopting the revision as it was proposed in the
NPRM.
Flights in helicopters are mostly flown VFR; however, some
helicopters now have modern instruments and navigation equipment
installed and are able to be flown IFR. The rule does not require the
flights to be flown IFR or VFR, it leaves it to the discretion of the
instructor and the student's needs.
97. This revision of part 141, appendix D, paragraph 4(b)(4)(iii)
deletes the cross country training at nighttime requirement for the
commercial pilot certification course for the gyroplane rating
This final rule deletes the cross country training at nighttime
requirement in part 141, appendix D, paragraph 4(b)(4)(iii) for the
commercial pilot certification course for the gyroplane rating. The FAA
determined that nighttime training for the gyroplane rating for the
commercial pilot certification course will be more useful and more
safely conducted near an airport, because gyroplanes have very limited
equipment and systems for nighttime cross country operations.
Two commenters objected to the elimination of the nighttime cross
country requirement for a commercial gyroplane certification. The
commenters asserted if commercial gyrocopter pilots are permitted to
carry passengers at night, their training should reflect it. The
commenters also stated that if gyroplanes are not equipped to conduct
nighttime cross country operations, then the FAA should revisit
equipment requirements rather than reduce training requirements.
We have previously responded to this kind of comment in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.129(d)(3)(iii). The FAA is adopting the
revision as proposed in the NPRM.
98. This revision of part 141, appendix D, paragraph 4(d)(4)(vi)
requires ground reference maneuvers as an area of operation for the
gyroplane rating in the commercial pilot certificate course
This final rule revises part 141, appendix D, paragraph 4(d)(4)(vi)
requiring ground reference maneuvers as an area of operation for the
gyroplane rating in the commercial pilot certificate course. This will
conform part 141, appendix D, paragraph 4(d)(4)(vi) with revised Sec.
61.127(b)(4)(vi) requiring flight proficiency in ``ground reference
maneuvers'' for the gyroplane rating in the commercial pilot
certificate course. The ground reference maneuvers must include at
least ``eights around a pylon,'' ``eights along a road,'' ``rectangular
course,'' ``S-turns,'' and ``turns around a point.''
99. This revision of part 141, appendix D, paragraph 4(b)(1)(ii) allows
the complex airplane training for the approved commercial pilot
certification course-airplane single engine rating to be performed in
either a single or multiengine complex airplane
This final rule revises the complex airplane training requirement
for the commercial pilot certification course for the single engine
airplane rating under part 141, appendix D, paragraph 4(b)(1)(ii). This
revision is in response to the AOPA's petition for rulemaking of
February 11, 1999. This final rule will allow the commercial pilot
certification course for the single engine airplane rating to be
approved with use of either a complex single engine airplane or a
complex multiengine airplane. The use of either a complex single engine
airplane or a complex multiengine airplane to meet the single engine
airplane training requirements is permitted under existing Sec.
61.129(a)(3)(ii) for those training organizations that have chosen not
to be approved under part 141. The FAA has determined that the current
provision under part 141 may create an unfair financial burden on
applicants at a part 141 pilot school versus those applicants who
receive their training other than through a part 141 pilot school.
Therefore, this final rule deletes the word ``single-engine'' from
paragraph 4(b)(1)(ii) of part 141, appendix D, so the rule will merely
read as ``10 hours
[[Page 42543]]
of training in an airplane that has retractable landing gear, flaps,
and a controllable pitch propeller, or is turbine-powered.''
Six commenters supported the proposed provisions permitting use of
a complex multiengine airplane to satisfy the complex airplane
experience requirement for a commercial single engine airplane rating.
Two commenters recommended the provision be extended to part 61. Two
commenters, including LeTourneau University, recommended pilots be
permitted to train in both multiengine and single engine airplanes, and
obtain both airplane single engine and airplane multiengine ratings by
taking one just one practical test in a multiengine airplane.
Five commenters, including the Joint Commenters, recommended the
development of alternatives to the complex airplane experience
requirement. Two commenters recommended the proposed provisions permit
use of FADEC-equipped airplanes instead of controllable-pitch propeller
airplanes, as allowed under FAA Notice 8000.331. The Joint Commenters
recommended eliminating the retractable gear requirement or reinstating
provisions permitting experience in either a complex or a high-
performance airplane. One commenter recommended the FAA modify
aeronautical experience and practical test requirements for commercial
pilot airplane ratings and flight instructor airplane ratings to permit
use of Technically Advanced Aircraft (TAA) instead of complex
airplanes. Five commenters recommended that the requirement that
commercial pilots have complex airplane experience be eliminated. Four
commenters noted few single engine airplanes produced today fall under
the definition of complex airplanes, and asserted the requirement
forces schools to maintain antiquated airplanes simply to meet the
requirement. Three commenters stated authority to operate complex
airplanes is adequately addressed by requiring an endorsement. One
commenter asserted complex airplane experience is unnecessary for
activities such as clear weather sightseeing flights and flight
instruction. This commenter recommended an allowance for commercial
pilot and flight instructor certificates without complex airplane
experience.
The FAA acknowledges comments received on this proposal. This
change already exists in Sec. 61.129(a)(3)(ii) as the complex airplane
training for the commercial pilot certificate for the single engine
airplane rating does not specifically require the flight experience to
be performed in a complex single engine airplane. The flight experience
may be obtained in either a complex single engine airplane or complex
multiengine airplane.
100. This revision of part 141, appendix D, paragraphs 4(b)(1)(i),
(2)(i), (3)(i), (4)(i), (5)(i), and (7)(i) clarifies the instrument
training for the commercial pilot certification courses for the
airplane single-engine, airplane multiengine, helicopter, gyroplane,
powered-lift, and airship ratings
This final rule revises part 141, appendix D, paragraphs
4(b)(1)(i), (2)(i), (3)(i), (4)(i), (5)(i), and (7)(i) to clarify that
the tasks required for ``instrument training'' in the commercial pilot
certification courses for the airplane single-engine, airplane
multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift,
and airship ratings require the use of a view-limiting device (e.g.,
use of a hood device, fogged goggles, etc.). This revision is in
response to inquiries about what tasks are required to satisfy
``instrument training'' for commercial pilot certification courses.
This revision will parallel the revised changes to instrument
training under Sec. 61.129 for the airplane single-engine, airplane
multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift,
and airship ratings at the commercial pilot certification level.
Three commenters objected to the increase in required instrument
training from five hours to ten hours, and recommended the requirement
of five hours be retained. Flight Safety International stated that,
unlike part 61, part 141 commercial pilot candidates must have an
instrument rating before completing the commercial pilot course;
therefore an increase in the amount of instrument training required for
a commercial pilot certificate is not necessary. Six commenters
objected to the unqualified requirement that a view-limiting device be
used for instrument training. The commenters asserted students should
be permitted to train without a view-limiting device in actual IMC or
when using a flight simulator, flight training device, or PCATD. Three
commenters recommended the rule be modified to require training in
actual IMC or using a view-limiting device.
There is an increase of instrument training from five hours to ten
hours; however, five hours of instrument training in the aircraft
remains at five hours in the aircraft, and the other five hours is
permitted to be performed in a flight simulator, flight training
device, or an aviation training device. We did not increase the total
time of the commercial pilot certification course. We believe that most
commercial pilot certificate applicants are concurrently enrolled in an
instrument rating course, and we believe this revision of allowing this
additional five hours of instrument training in the commercial pilot
certification course will be beneficial to those applicants
concurrently enrolled in an instrument rating course.
We have previously responded to these kinds of comments in the
preamble section of this rulemaking document where we discussed this
same change to Sec. 61.57(c). The FAA is adopting the revision as
proposed in the NPRM.
101. This revision of part 141, appendix E, paragraph 2 requires pilots
enrolled in an ATP certification course to have met the ATP
aeronautical experience requirements of part 61, subpart G prior to
completion of the course
This final rule revises part 141, appendix E, paragraph 2 to
establish that a person must first meet the aeronautical experience
requirements under part 61, subpart G, for an ATP certificate before
completing the flight portion of an ATP certification course. The
purpose of this revision is to clarify that a person who completes the
ATP certification course must also have met the appropriate ATP
aeronautical experience of part 61, subpart G before applying for the
ATP certificate.
The existing language in part 141, appendix E, paragraph 2 has been
misinterpreted by some to mean that a person could apply for an ATP
certificate after meeting only part 141, appendix E, paragraph 2.(a),
(b), (c), or (d) of that part. This is not correct, because an
applicant for an ATP certificate must also have met the appropriate
aeronautical experience requirements under part 61, subpart G. The
introductory language in part 141, appendix E, paragraph 2 clarifies
that an applicant for an ATP certificate must also have met the
appropriate aeronautical experience requirements under part 61, subpart
G prior to completion of the flight portion of the airline transport
pilot (ATP) certification course.
102. This revision of part 141, appendix I, paragraphs 3 and 4
clarifies the ground and flight training required for the approved
additional category and/or class rating course
This final rule revises paragraphs 3 and 4 of appendix I to part
141 to clarify the ground and flight training required for the
additional category and/or class rating course. This revision was
[[Page 42544]]
developed in response to confusion about what is the amount of ground
and flight training required for an add-on aircraft category and/or
class rating course.
The confusion arises because of the language of the former
paragraphs 3 and 4 of part 141, appendix I which states that training
must be in areas ``that are specific to that aircraft category and
class rating and pilot certificate level for which the course
applies.'' Many believed this language did not clearly state what the
required ground and flight training amounts and content for ``add-on''
category/class courses were. This final rule expands the content of
paragraphs 3 and 4 of part 141, appendix I for the additional category
and/or class rating courses to specify the required amount of ground
and flight training and their content for an add-on aircraft category
and/or class rating course at the recreational pilot, private pilot,
commercial pilot, and ATP certification levels. Revised paragraphs 3
and 4 establish the required amount of ground and flight training and
their content for just an ``add-on'' class rating (i.e., where the
applicant already holds a rating in that aircraft category, and the
course at issue is only for an added class rating within that aircraft
category) at the various pilot certification levels.
One commenter generally agreed that reducing overall ground and
flight time requirements under appendix I is an improvement but opposes
some of the remaining requirements. Flight Safety International
asserted the proposed revisions to appendix I do little to improve
understanding and readability. Three commenters recommended eliminating
the cross country flight requirements for adding a multiengine rating
to a private or commercial certificate with a single engine rating,
stating the skills required to fly cross country in a multiengine
airplane do not differ significantly from those required to fly cross
country in a single engine airplane. One commenter asserted any
differences in these two areas could be adequately addressed in ground
training.
Two commenters questioned the need for training in areas such as
night flight, complex airplanes operations, or flight by reference to
instruments when adding a multiengine airplane rating to a commercial
certificate. These commenters stated pilots will already have
experience in these areas. These commenters also asserted the hours
required for cross country, instrument, and night flight training would
be better spent practicing maneuvers or approaches, or multiengine
specific topics, such as VMC or engine-inoperative
scenarios. Two commenters asserted the training requirements under part
141 are unnecessarily burdensome. Four commenters stated pilots have
greater flexibility when seeking to add a class rating to an existing
certificate under part 61 than they do under part 141.
Two commenters objected to the prescription of minimum training
hour requirements when no such requirements exist under part 61. The
commenters recommended the minimum training hour requirements under
part 141 be eliminated or part 141 flight schools be granted discretion
to deviate from specified requirements, similar to that granted under
Sec. 61.63(c). Alternatively, the University of Oklahoma Aviation
Department recommended training at least as extensive and rigorous as
the part 141 requirements be prescribed under part 61.
One commenter questioned the amount of training required to add a
single engine airplane rating to a commercial certificate with a
multiengine airplane rating. The commenter asserted that training in a
single engine airplane is less complicated, and therefore transitioning
from a multiengine airplane to a single engine airplane should require
less training than transitioning from a single engine airplane to a
multiengine airplane. The commenter stated that in some areas, such as
a cross country flight or instrument flight, the flight should be able
to be completed without the need for additional training. The commenter
also argued fifteen hours of ground training is excessive for the
transition from the multiengine airplane rating to the single engine
airplane rating.
The FAA acknowledges the comment received on this proposal, and has
determined that the nature of the comment does not require us to revise
or withdraw this proposal. The essence of the change is merely to
further clarify the intent of the rule and no substantive changes have
been made. Therefore, the FAA is adopting the revision as it was
proposed in the NPRM.
Regulatory Notices and Analyses
Paperwork Reduction Act
Information collection requirements associated with this final rule
have been approved previously 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 Numbers 2120-0009
and 0021.
International Compatibility
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. There is one
revision in this final rule document (See Revision No. 71) where the
FAA has amended Sec. 61.159(d) and (e) to conform our ATP
certification requirements to ICAO Standards and Recommended Practices.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
Tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.
In conducting these analyses, FAA has determined that this final
rule: (1) Has benefits that justify its costs, (2) is not an
``economically significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary
[[Page 42545]]
obstacles to the foreign commerce of the United States; and (6) will
not impose an unfunded mandate on State, local, or Tribal governments,
or on the private sector by exceeding the threshold identified above.
These analyses are summarized below.
This final rule revises the training, qualification, certification,
and operating requirements for pilots, flight instructors, ground
instructors, and pilot schools. These changes are needed to clarify,
update, and correct our existing regulations.
For the revisions that we were able to quantify the cost savings,
we estimate this rule change to generate cost savings of $34.0 million
($23.8 million, discounted) and costs of $7.0 million ($5.3 million,
discounted) over the 2009-2018 time period. Therefore, this final rule
is estimated to generate net cost savings of $26.9 million ($18.5
million, discounted) over the same ten-year period and is cost-
beneficial.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory revisions and to explain
the rationale for their actions to assure that such revisions are given
serious consideration.'' The RFA 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 rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The cost of the additional training for the night vision goggle
rules is about $1,800 per pilot ($1,800 [ap] $1,167,138 (undiscounted
cost of night vision goggle training in year 1) / 650 (estimated
population that will receive night vision goggle training in year 1)).
Since the training is optional these small costs will not impose a
burden on any small entity. Also, this revision could result in annual
cost savings of about $625 per rotorcraft pilot and a cost savings of
about $430 per general aviation pilot by allowing the use of alternate
methods to maintain instrument currency. We do not consider these costs
or cost-savings to be significant. Therefore, as the FAA Administrator,
I certify that this rule will not have a significant economic impact on
a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this revised rule and has determined that it will
have only a domestic impact and therefore no affect on international
trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and Tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The level equivalent of $100 million in CY 1995,
adjusted for inflation to CY 2007 levels by the Consumer Price Index
for all Urban Consumers (CPI-U) as published by the Bureau of Labor
Statistics, is $136.1 million. This revised rule does not contain such
a mandate.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
final rulemaking action 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, and therefore will not have federalism
implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this revised rulemaking action qualifies for the categorical
exclusion identified in paragraph 307(k) and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule in accordance with Executive
Order 13211, Actions Concerning Regulations that Significantly Affect
Energy Supply, Distribution, or Use (May 18, 2001). We have determined
that it is not a ``significant energy action'' under the Executive
Order, because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Availability of Rulemaking Documents
(1) You can get an electronic copy of this final rule through the
Internet by: Searching the Department of Transportation's electronic
Docket Management System (DMS) Web page at http://dms.dot.gov/search;
(2) Visiting the FAA's Regulations and Policies Web page at: http://www.faa.gov/regulations_policies; or
(3) Accessing the Government Printing Office's Web page at: http://www.gpoaccess.gov/fr/index.html.
You can also get a copy of this final rule by sending 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. Make sure to identify the docket number, notice number, or
amendment number of this final rulemaking document.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. If you are a small entity and you have a
question regarding this document, you may contact your local FAA
official, or
[[Page 42546]]
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 141
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations, as follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.1 by:
0
a. Revising paragraphs (b)(2)(i) and (ii);
0
b. Redesignating existing paragraphs (b)(12) through (16) as paragraphs
(b)(14) through (18); and
0
c. Adding a new paragraphs (b)(12) and (13) to read as follows:
Sec. 61.1 Applicability and definitions.
* * * * *
(b) * * *
(2) * * *
(i) A person who holds a ground instructor certificate issued under
part 61 of this chapter and is in compliance with Sec. 61.217, when
conducting ground training in accordance with the privileges and
limitations of his or her ground instructor certificate;
(ii) A person who holds a flight instructor certificate issued
under part 61 of this chapter and is in compliance with Sec. 61.197,
when conducting ground training or flight training in accordance with
the privileges and limitations of his or her flight instructor
certificate; or
* * * * *
(12) Night vision goggles means an appliance worn by a pilot that
enhances the pilot's ability to maintain visual surface reference at
night.
(13) Night vision goggle operation means the portion of a flight
that occurs during the time period from 1 hour after sunset to 1 hour
before sunrise where the pilot maintains visual surface reference using
night vision goggles in an aircraft that is approved for such an
operation.
* * * * *
0
3. Add a new Sec. 61.2 to read as follows:
Sec. 61.2. Exercise of Privilege
(a) Validity. No person may:
(1) Exercise privileges of a certificate, rating, endorsement, or
authorization issued under this part if the certificate, rating or
authorization is surrendered, suspended, revoked or expired.
(2) Exercise privileges of a flight instructor certificate if that
flight instructor certificate is surrendered, suspended, revoked or
expired.
(3) Exercise privileges of a foreign pilot certificate to operate
an aircraft of foreign registry under Sec. 61.3(b) if the certificate
is surrendered, suspended, revoked or expired.
(4) Exercise privileges of a pilot certificate issued under Sec.
61.75, or an authorization issued under Sec. 61.77, if the foreign
pilot certificate relied upon for the issuance of the U.S. pilot
certificate or authorization is surrendered, suspended, revoked or
expired.
(5) Exercise privileges of a medical certificate issued under part
67 to meet any requirements of part 61 if the medical certificate is
surrendered, suspended, revoked or expired according to the duration
standards set forth in Sec. 61.23(d).
(6) Use an official government issued driver's license to meet any
requirements of part 61 related to holding that driver's license, if
the driver's license is surrendered, suspended, revoked or expired.
(b) Currency. No person may:
(1) Exercise privileges of an airman certificate, rating,
endorsement, or authorization issued under this part unless that person
meets the appropriate airman and medical recency requirements of this
part, specific to the operation or activity.
(2) Exercise privileges of a foreign pilot license within the
United States to conduct an operation described in Sec. 61.3(b),
unless that person meets the appropriate airman and medical recency
requirements of the country that issued the license, specific to the
operation.
0
4. Amend Sec. 61.3 by revising paragraphs (a) introductory text,
(a)(1), (a)(2)(i), (b) introductory text, (b)(1), (c)(1), (c)(2)(ii),
(c)(2)(iii), (c)(2)(v) introductory text, (c)(2)(xi), (c)(2)(xii),
(f)(1)(i), (f)(2)(i), (f)(2)(ii), (g)(1)(i), (g)(2)(i), and (g)(2)(ii)
to read as follows:
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
(a) Pilot certificate. No person may serve as a required pilot
flight crewmember of a civil aircraft of the United States, unless that
person--
(1) Has a 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 pilot license issued by that country may be
used; and
(2) * * *
(i) Driver's license issued by a State, the District of Columbia,
or territory or possession of the United States;
* * * * *
(b) Required pilot certificate for operating a foreign-registered
aircraft. No person may serve as a required pilot flight crewmember of
a civil aircraft of foreign registry within the United States, unless
that person's pilot certificate--
(1) Is in that person's physical possession, or readily accessible
in the aircraft when exercising the privileges of that pilot
certificate; and
* * * * *
(c) * * *
(1) A person may serve as a required pilot flight crewmember of an
aircraft only if that person holds the appropriate medical certificate
issued under part 67 of this chapter, or other documentation acceptable
to the FAA, that is in that person's physical possession or readily
accessible in the aircraft. Paragraph (c)(2) of this section provides
certain exceptions to the requirement to hold a medical certificate.
(2) * * *
(ii) Is exercising the privileges of a student pilot certificate
while seeking a sport pilot certificate with other than glider or
balloon privileges and holds a U.S. driver's license;
(iii) Is exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a weight-shift-control aircraft
category rating or a powered parachute category rating and holds a U.S.
driver's license;
* * * * *
[[Page 42547]]
(v) Is exercising the privileges of a sport pilot certificate with
other than glider or balloon privileges and holds a U.S. driver's
license. A person who has applied for or held a medical certificate may
exercise the privileges of a sport pilot certificate using a U.S.
driver's license only if that person--
* * * * *
(xi) Is operating an aircraft with a U.S. pilot certificate, issued
on the basis of a foreign pilot license, issued under Sec. 61.75, and
holds a 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.
(xii) Is a pilot of the U.S. Armed Forces, has an up-to-date U.S.
military medical examination, and holds military pilot flight status.
* * * * *
(f) * * *
(1) * * *
(i) Holds a Category II pilot authorization for that category or
class of aircraft, and the type of aircraft, if applicable; or
* * * * *
(2) * * *
(i) Holds a pilot certificate with category and class ratings for
that aircraft and an instrument rating for that category aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings for that aircraft; or
* * * * *
(g) * * *
(1) * * *
(i) Holds a Category III pilot authorization for that category or
class of aircraft, and the type of aircraft, if applicable; or
* * * * *
(2) * * *
(i) Holds a pilot certificate with category and class ratings for
that aircraft and an instrument rating for that category aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings for that aircraft; or
* * * * *
0
5. Revise Sec. 61.11 to read as follows:
Sec. 61.11 Expired pilot certificates and re-issuance.
(a) No person who holds an expired pilot certificate or rating may
act as pilot in command or as a required pilot flight crewmember of an
aircraft of the same category or class that is listed on that expired
pilot certificate or rating.
(b) The following pilot certificates and ratings have expired and
will 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.
(3) A pilot certificate with a lighter-than-air or free-balloon
rating issued before July 1, 1945.
(c) An airline transport pilot certificate that was issued after
April 30, 1949, and that bears an expiration date but does not contain
a horsepower limitation, may have that airline transport pilot
certificate re-issued without an expiration date.
(d) A private or commercial pilot certificate that was issued after
June 30, 1945, and that bears an expiration date, may have that pilot
certificate reissued without an expiration date.
(e) A pilot certificate with a lighter-than-air or free-balloon
rating that was issued after June 30, 1945, and that bears an
expiration date, may have that pilot certificate reissued without an
expiration date.
0
6. Amend Sec. 61.19 by revising paragraphs (b), (d), and (e); removing
paragraph (f); re-designating (g) as paragraph (f); revising newly re-
designated paragraph (f); and re-designating paragraph (h) as (g) to
read as follows:
Sec. 61.19 Duration of pilot and instructor certificates.
* * * * *
(b) Student pilot certificate.
(1) For student pilots who have not reached their 40th birthday,
the student pilot certificate does not expire until 60 calendar months
after the month of the date of examination shown on the medical
certificate.
(2) For student pilots who have reached their 40th birthday, the
student pilot certificate does not expire until 24 calendar months
after the month of the date of examination shown on the medical
certificate.
(3) For student pilots seeking a glider or balloon rating only, the
student pilot certificate does not expire until 60 calendar months
after the month of the date issued, regardless of the person's age.
* * * * *
(d) Flight instructor certificate. Except as specified in Sec.
61.197(b), a flight instructor certificate expires 24 calendar months
from the month in which it was issued, renewed, or reinstated, as
appropriate.
(e) Ground instructor certificate. A ground instructor certificate
is issued without a specific expiration date.
(f) Return of certificates. The holder of any airman certificate
that is issued under this part, and that has been suspended or revoked,
must return that certificate to the FAA when requested to do so by the
Administrator.
* * * * *
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7. Amend Sec. 61.23 by:
0
a. Revising paragraph (a)(3)(iv);
0
b. Redesignating paragraph (a)(3)(v) as (a)(3)(vi);
0
c. Adding new paragraphs (a)(3)(v) and (vii);
0
d. Revising newly re-designated paragraph (a)(3)(vi);
0
e. Revising paragraph (b) introductory text and paragraphs (b)(3),
(b)(7), and (b)(8);
0
f. Adding a new paragraph (b)(9); and
0
g. Revising paragraph (c)(1) introductory text and (c)(2) introductory
text.
The revisions and additions read as follows:
Sec. 61.23 Medical certificates: Requirement and duration.
(a) * * *
(3) * * *
(iv) When exercising the privileges of a flight instructor
certificate and acting as the pilot in command;
(v) When exercising the privileges of a flight instructor
certificate and serving as a required pilot flight crewmember;
(vi) When taking a practical test in an aircraft for a recreational
pilot, private pilot, commercial pilot, or airline transport pilot
certificate, or for a flight instructor certificate; or
(vii) When performing the duties as an Examiner in an aircraft when
administering a practical test or proficiency check for an airman
certificate, rating, or authorization.
(b) Operations not requiring a medical certificate. A person is not
required to hold a medical certificate--
* * * * *
(3) When exercising the privileges of a pilot certificate with a
glider category rating or balloon class rating in a glider or a
balloon, as appropriate;
* * * * *
(7) When serving as an Examiner or check airman and administering a
practical test or proficiency check for an airman certificate, rating,
or authorization conducted in a glider, balloon, flight simulator, or
flight training device;
(8) When taking a practical test or a proficiency check for a
certificate, rating, authorization or operating privilege conducted in
a glider, balloon, flight simulator, or flight training device; or
(9) When a military pilot of the U.S. Armed Forces can show
evidence of an up-to-date medical examination
[[Page 42548]]
authorizing pilot flight status issued by the U.S. Armed Forces and--
(i) The flight does not require higher than a third-class medical
certificate; and
(ii) The flight conducted is a domestic flight operation within
U.S. airspace.
(c) * * *
(1) A person must hold and possess either a medical certificate
issued under part 67 of this chapter or a U.S. driver's license when
exercising the privileges of--
* * * * *
(2) A person using a U.S. driver's license to meet the requirements
of this paragraph must--
* * * * *
0
8. Amend Sec. 61.25 by revising paragraph (a)(1) to read as follows:
Sec. 61.25 Change of name.
(a) * * *
(1) Airman certificate; and
* * * * *
0
9. Amend Sec. 61.29 by:
0
a. Removing paragraph (d)(3);
0
b. Redesignating existing paragraphs (d)(4) and (5) as paragraphs
(d)(3) and (4); and
0
c. Revising newly re-designated paragraphs (d)(3) and (4) to read as
follows:
Sec. 61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
* * * * *
(d) * * *
(3) The certificate holder's date and place of birth; and
(4) Any information regarding the--
(i) Grade, number, and date of issuance of the airman certificate
and ratings, if appropriate;
(ii) Class of medical certificate, the place and date of the
medical exam, name of the Airman Medical Examiner (AME), and the
circumstances concerning the loss of the original medical certificate,
as appropriate; and
(iii) Date the knowledge test was taken, if appropriate.
* * * * *
0
10. Amend Sec. 61.31 by:
0
a. Revising paragraph (d)(1);
0
b. Removing paragraph (d)(2);
0
c. Redesignating paragraph (d)(3) as (d)(2) and revising newly re-
designating (d)(2);
0
d. Redesignating existing paragraph (k) as (l); and
0
e. Adding new paragraph (k).
The revisions and addition read as follows:
Sec. 61.31 Type rating requirements, additional training, and
authorization requirements.
* * * * *
(d) * * *
(1) Hold the appropriate category, class, and type rating (if a
class or type rating is required) for the aircraft to be flown; or
(2) Have received training required by this part that is
appropriate to the pilot certification level, aircraft category, class,
and type rating (if a class or type rating is required) for the
aircraft to be flown, and have received an endorsement for solo flight
in that aircraft from an authorized instructor.
* * * * *
(k) Additional training required for night vision goggle
operations. (1) Except as provided under paragraph (k)(3) of this
section, a person may act as pilot in command of an aircraft using
night vision goggles only if that person receives and logs ground
training from an authorized instructor and obtains a logbook or
training record endorsement from an authorized instructor who certifies
the person completed the ground training. The ground training must
include the following subjects:
(i) Applicable portions of this chapter that relate to night vision
goggle limitations and flight operations;
(ii) Aeromedical factors related to the use of night vision
goggles, including how to protect night vision, how the eyes adapt to
night, self-imposed stresses that affect night vision, effects of
lighting on night vision, cues used to estimate distance and depth
perception at night, and visual illusions;
(iii) Normal, abnormal, and emergency operations of night vision
goggle equipment;
(iv) Night vision goggle performance and scene interpretation; and
(v) Night vision goggle operation flight planning, including night
terrain interpretation and factors affecting terrain interpretation.
(2) Except as provided under paragraph (k)(3) of this section, a
person may act as pilot in command of an aircraft using night vision
goggles only if that person receives and logs flight training from an
authorized instructor and obtains a logbook or training record
endorsement from an authorized instructor who found the person
proficient in the use of night vision goggles. The flight training must
include the following tasks:
(i) Preflight and use of internal and external aircraft lighting
systems for night vision goggle operations;
(ii) Preflight preparation of night vision goggles for night vision
goggle operations;
(iii) Proper piloting techniques when using night vision goggles
during the takeoff, climb, enroute, descent, and landing phases of
flight; and
(iv) Normal, abnormal, and emergency flight operations using night
vision goggles.
(3) The requirements under paragraphs (k)(1) and (2) of this
section do not apply if a person can document satisfactory completion
of any of the following pilot proficiency checks using night vision
goggles in an aircraft:
(i) A pilot proficiency check on night vision goggle operations
conducted by the U.S. Armed Forces.
(ii) A pilot proficiency check on night vision goggle operations
under part 135 of this chapter conducted by an Examiner or Check
Airman.
(iii) A pilot proficiency check on night vision goggle operations
conducted by a night vision goggle manufacturer or authorized
instructor, when the pilot--
(A) Is employed by a Federal, State, county, or municipal law
enforcement agency; and
(B) Has logged at least 20 hours as pilot in command in night
vision goggle operations.
* * * * *
0
11. Amend Sec. 61.35 by revising paragraph (a)(2)(iv) to read as
follows:
Sec. 61.35 Knowledge test: Prerequisites and passing grades.
(a) * * *
(2) * * *
(iv) If the permanent mailing is a post office box number, then the
applicant must provide a current residential address.
* * * * *
0
12. Amend Sec. 61.39 by revising paragraphs (a)(4), (a)(6)(i), (b)(2),
(c)(1), (c)(2), (d), and (e) to read as follows:
Sec. 61.39 Prerequisites for practical tests.
(a) * * *
(4) Hold at least a third-class medical certificate, if a medical
certificate is required;
* * * * *
(6) * * *
(i) Has received and logged training time within 2 calendar months
preceding the month of application in preparation for the practical
test;
* * * * *
(b) * * *
(2) Is employed by the U.S. Armed Forces as a flight crewmember in
U.S. military air transport operations at the time of the practical
test and has completed the pilot in command aircraft qualification
training program that is appropriate to the pilot certificate and
rating sought.
(c) * * *
(1) Holds a foreign pilot license issued by a contracting State to
the Convention
[[Page 42549]]
on International Civil Aviation that authorizes at least the privileges
of the pilot certificate sought;
(2) Is only applying for a type rating; or
* * * * *
(d) If all increments of the practical test for a certificate or
rating are not completed on the same date, then all the remaining
increments of the test must be completed within 2 calendar months after
the month the applicant began the test.
(e) If all increments of the practical test for a certificate or
rating are not completed within 2 calendar months after the month the
applicant began the test, the applicant must retake the entire
practical test.
0
13. Amend Sec. 61.43 by revising paragraphs (a) and (b) to read as
follows:
Sec. 61.43 Practical tests: General procedures.
(a) Completion of the practical test for a certificate or rating
consists of--
(1) Performing the tasks specified in the areas of operation for
the airman certificate or rating sought within the approved practical
test standards;
(2) Demonstrating mastery of the aircraft by performing each task
successfully;
(3) Demonstrating proficiency and competency within the approved
standards; and
(4) Demonstrating sound judgment.
(b) The pilot flight crew complement required during the practical
test is based on one of the following requirements that applies to the
aircraft being used on the practical test:
(1) If the aircraft's FAA-approved flight manual requires the pilot
flight crew complement be a single pilot, then the applicant must
demonstrate single pilot proficiency on the practical test.
(2) If the aircraft's type certification data sheet requires the
pilot flight crew complement be a single pilot, then the applicant must
demonstrate single pilot proficiency on the practical test.
(3) If the FAA Flight Standardization Board report, FAA-approved
aircraft flight manual, or aircraft type certification data sheet
allows the pilot flight crew complement to be either a single pilot, or
a pilot and a copilot, then the applicant may demonstrate single pilot
proficiency or have a copilot on the practical test. If the applicant
performs the practical test with a copilot, the limitation of ``Second
in Command Required'' will be placed on the applicant's pilot
certificate. The limitation may be removed if the applicant passes the
practical test by demonstrating single-pilot proficiency in the
aircraft in which single-pilot privileges are sought.
* * * * *
0
14. Amend Sec. 61.45 by revising paragraphs (a)(1)(ii), (a)(2)(i),
(a)(2)(iii), and (c) to read as follows:
Sec. 61.45 Practical tests: Required aircraft and equipment.
(a) * * *
(1) * * *
(ii) Has a standard airworthiness certificate or special
airworthiness certificate in the limited, primary, or light-sport
category.
(2) * * *
(i) An aircraft that has an airworthiness certificate other than a
standard airworthiness certificate or special airworthiness certificate
in the limited, primary, or light-sport category, but that otherwise
meets the requirements of paragraph (a)(1) of this section;
* * * * *
(iii) A military aircraft of the same category, class, and type, if
aircraft class and type are appropriate, for which the applicant is
applying for a certificate or rating, and provided--
(A) The aircraft is under the direct operational control of the
U.S. Armed Forces;
(B) The aircraft is airworthy under the maintenance standards of
the U.S. Armed Forces; and
(C) The applicant has a letter from his or her commanding officer
authorizing the use of the aircraft for the practical test.
* * * * *
(c) Required controls. Except for lighter-than-air aircraft, and a
glider without an engine, an 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 easily reached by the Examiner.
* * * * *
0
15. Amend Sec. 61.51 by:
0
a. Adding new paragraph (b)(3)(iv);
0
b. Revising paragraphs (b)(1)(iv), (b)(2)(v), (b)(3)(iii), (e)(1),
(e)(2), (e)(3), (e)(4)(ii), the heading of paragraph (g), and paragraph
(g)(4); and
0
c. Adding new paragraphs (j) and (k).
The revisions and additions read as follows:
Sec. 61.51 Pilot logbooks.
* * * * *
(b) * * *
(1) * * *
(iv) Type and identification of aircraft, flight simulator, flight
training device, or aviation training device, as appropriate.
* * * * *
(2) * * *
(v) Training received in a flight simulator, flight training
device, or aviation training device from an authorized instructor.
(3) * * *
(iii) Simulated instrument conditions in flight, a flight
simulator, flight training device, or aviation training device.
(iv) Use of night vision goggles in an aircraft in flight, in a
flight simulator, or in a flight training device.
* * * * *
(e) * * *
(1) A sport, recreational, private, commercial, or airline
transport pilot may log pilot in command flight time for flights-
(i) When the pilot is the sole manipulator of the controls of an
aircraft for which the pilot is rated, or has sport pilot privileges
for that category and class of aircraft, if the aircraft class rating
is appropriate;
(ii) When the pilot is the sole occupant in the aircraft;
(iii) When the pilot, except for a holder of a sport or
recreational pilot certificate, acts 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;
or
(iv) When the pilot performs the duties of pilot in command while
under the supervision of a qualified pilot in command provided--
(A) The pilot performing the duties of pilot in command holds a
commercial or airline transport pilot certificate and aircraft rating
that is appropriate to the category and class of aircraft being flown,
if a class rating is appropriate;
(B) The pilot performing the duties of pilot in command is
undergoing an approved pilot in command training program that includes
ground and flight training on the following areas of operation--
(1) Preflight preparation;
(2) Preflight procedures;
(3) Takeoff and departure;
(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;
(C) The supervising pilot in command holds--
(1) A commercial pilot certificate and flight instructor
certificate, and aircraft
[[Page 42550]]
rating that is appropriate to the category, class, and type of aircraft
being flown, if a class or type rating is required; or
(2) An airline transport pilot certificate and aircraft rating that
is appropriate to the category, class, and type of aircraft being
flown, if a class or type rating is required; and
(D) The supervising pilot in command logs the pilot in command
training in the pilot's logbook, certifies the pilot in command
training in the pilot's logbook and attests to that certification with
his or her signature, and flight instructor certificate number.
(2) If rated to act as pilot in command of the aircraft, an airline
transport pilot may log all flight time while acting as pilot in
command of an operation requiring an airline transport pilot
certificate.
(3) A certificated flight instructor may log pilot in command
flight time for all flight time while serving as the authorized
instructor in an operation if the instructor is rated to act as pilot
in command of that aircraft.
(4) * * *
(ii) Has a solo flight endorsement as required under Sec. 61.87 of
this part; and
* * * * *
(g) Logging instrument time. * * *
* * * * *
(4) A person can use time in a flight simulator, flight training
device, or aviation training device for acquiring instrument
aeronautical experience for a pilot certificate, rating, or instrument
recency experience, provided an authorized instructor is present to
observe that time and signs the person's logbook or training record to
verify the time and the content of the training session.
* * * * *
(j) Aircraft requirements for logging flight time. For a person to
log flight time, the time must be acquired in an aircraft that is
identified as an aircraft under Sec. 61.5(b), and is--
(1) An aircraft of U.S. registry with either a standard or special
airworthiness certificate;
(2) An aircraft of foreign registry with an airworthiness
certificate that is approved by the aviation authority of a foreign
country that is a Member State to the Convention on International Civil
Aviation Organization;
(3) A military aircraft under the direct operational control of the
U.S. Armed Forces; or
(4) A public aircraft under the direct operational control of a
Federal, State, county, or municipal law enforcement agency, if the
flight time was acquired by the pilot while engaged on an official law
enforcement flight for a Federal, State, County, or Municipal law
enforcement agency.
(k) Logging night vision goggle time. (1) A person may log night
vision goggle time only for the time the person uses night vision
goggles as the primary visual reference of the surface and operates:
(i) An aircraft during a night vision goggle operation; or
(ii) A flight simulator or flight training device with the lighting
system adjusted to represent the period beginning 1 hour after sunset
and ending 1 hour before sunrise.
(2) An authorized instructor may log night vision goggle time when
that person conducts training using night vision goggles as the primary
visual reference of the surface and operates:
(i) An aircraft during a night goggle operation; or
(ii) A flight simulator or flight training device with the lighting
system adjusted to represent the period beginning 1 hour after sunset
and ending 1 hour before sunrise.
(3) To log night vision goggle time to meet the recent night vision
goggle experience requirements under Sec. 61.57(f), a person must log
the information required under Sec. 61.51(b).
0
16. Amend Sec. 61.53 by revising paragraphs (a) introductory text,
(c)(1), and (c)(2) to read as follows:
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, no person who holds a
medical certificate issued under part 67 of this chapter may act as
pilot in command, or in any other capacity as a required pilot flight
crewmember, while that person:
* * * * *
(c) * * *
(1) Paragraph (a) of this section if that person holds a medical
certificate issued under part 67 of this chapter and does not hold a
U.S. driver's license.
(2) Paragraph (b) of this section if that person holds a U.S.
driver's license.
* * * * *
0
17. Amend Sec. 61.55 by revising paragraph (a)(1) to read as follows:
Sec. 61.55 Second in command qualifications.
(a) * * *
(1) At least a private pilot certificate with the appropriate
category and class rating; and
* * * * *
0
18. Amend Sec. 61.56 by revising paragraph (f) to read as follows:
Sec. 61.56 Flight review.
* * * * *
(f) A person who holds a flight instructor certificate and 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 one hour
of ground training specified in paragraph (a) of this section.
* * * * *
0
19. Amend Sec. 61.57 by revising paragraphs (c) and (d); and adding
new paragraphs (f) and (g) to read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(c) Instrument experience. Except as provided in paragraph (e) of
this section, a person may act as pilot in command under IFR or weather
conditions less than the minimums prescribed for VFR only if:
(1) Use of an airplane, powered-lift, helicopter, or airship for
maintaining instrument experience. Within the 6 calendar months
preceding the month of the flight, that person performed and logged at
least the following tasks and iterations in an airplane, powered-lift,
helicopter, or airship, as appropriate, for the instrument rating
privileges to be maintained in actual weather conditions, or under
simulated conditions using a view-limiting device that involves having
performed the following--
(i) Six instrument approaches.
(ii) Holding procedures and tasks.
(iii) Intercepting and tracking courses through the use of
navigational electronic systems.
(2) Use of a flight simulator or flight training device for
maintaining instrument experience. Within the 6 calendar months
preceding the month of the flight, that person performed and logged at
least the following tasks and iterations in a flight simulator or
flight training device, provided the flight simulator or flight
training device represents the category of aircraft for the instrument
rating privileges to be maintained and involves having performed the
following--
(i) Six instrument approaches.
(ii) Holding procedures and tasks.
(iii) Intercepting and tracking courses through the use of
navigational electronic systems.
(3) Use of an aviation training device for maintaining instrument
experience. Within the 2 calendar months preceding the month of the
flight, that person performed and logged at least the following tasks,
iterations, and time in an aviation training device and has performed
the following--
[[Page 42551]]
(i) Three hours of instrument experience.
(ii) Holding procedures and tasks.
(iii) Six instrument approaches.
(iv) Two unusual attitude recoveries while in a descending,
Vne airspeed condition and two unusual attitude recoveries
while in an ascending, stall speed condition.
(v) Interception and tracking courses through the use of
navigational electronic systems.
(4) Combination of completing instrument experience in an aircraft
and a flight simulator, flight training device, and aviation training
device. A person who elects to complete the instrument experience with
a combination of an aircraft, flight simulator or flight training
device, and aviation training device must have performed and logged the
following within the 6 calendar months preceding the month of the
flight--
(i) Instrument experience in an airplane, powered-lift, helicopter,
or airship, as appropriate, for the instrument rating privileges to be
maintained, performed in actual weather conditions, or under simulated
weather conditions while using a view-limiting device, on the following
instrument currency tasks:
(A) Instrument approaches.
(B) Holding procedures and tasks.
(C) Interception and tracking courses through the use of
navigational electronic systems.
(ii) Instrument experience in a flight simulator or flight training
device that represents the category of aircraft for the instrument
rating privileges to be maintained and involves performing at least the
following tasks--
(A) Instrument approaches.
(B) Holding procedures and tasks.
(C) Interception and tracking courses through the use of
navigational electronic systems.
(iii) Instrument experience in an aviation training device that
represents the category of aircraft for the instrument rating
privileges to be maintained and involves performing at least the
following tasks--
(A) Six instrument approaches.
(B) Holding procedures and tasks.
(C) Interception and tracking courses through the use of
navigational electronic systems.
(5) Combination of completing instrument experience in a flight
simulator or flight training device, and an aviation training device. A
person who elects to complete the instrument experience with a
combination of a flight simulator, flight training device, and aviation
training device must have performed the following within the 6 calendar
months preceding the month of the flight--
(i) Instrument recency experience in a flight simulator or flight
training device that represents the category of aircraft for the
instrument rating privileges to be maintained and involves having
performed the following tasks:
(A) Six instrument approaches.
(B) Holding procedures and tasks.
(C) Interception and tracking courses through the use of
navigational electronic systems.
(ii) Three hours of instrument experience in an aviation training
device that represents the category of aircraft for the instrument
rating privileges to be maintained and involves performing at least the
following tasks--
(A) Six instrument approaches.
(B) Holding procedures and tasks.
(C) Interception and tracking courses through the use of
navigational electronic systems.
(D) Two unusual attitude recoveries while in a descending,
Vne airspeed condition and two unusual attitude recoveries
while in an ascending, stall speed condition.
(6) Maintaining instrument recent experience in a glider.
(i) Within the 6 calendar months preceding the month of the flight,
that person must have performed and logged at least the following
instrument currency tasks, iterations, and flight time, and the
instrument currency must have been performed in actual weather
conditions or under simulated weather conditions--
(A) One hour of instrument flight time in a glider or in a single
engine airplane using a view-limiting device while performing
interception and tracking courses through the use of navigation
electronic systems.
(B) Two hours of instrument flight time in a glider or a single
engine airplane with the use of a view-limiting device while performing
straight glides, turns to specific headings, steep turns, flight at
various airspeeds, navigation, and slow flight and stalls.
(ii) Before a pilot is allowed to carry a passenger in a glider
under IFR or in weather conditions less than the minimums prescribed
for VFR, that pilot must--
(A) Have logged and performed 2 hours of instrument flight time in
a glider within the 6 calendar months preceding the month of the
flight.
(B) Use a view-limiting-device while practicing performance
maneuvers, performance airspeeds, navigation, slow flight, and stalls.
(d) Instrument proficiency check. Except as provided in paragraph
(e) of this section, a person who does not meet the instrument
experience requirements of paragraph (c) of this section within the 12
calendar months preceding the month of the flight may not serve as
pilot in command under IFR or in weather conditions less than the
minimums prescribed for VFR until having passed an instrument
proficiency check that consists of the areas of operation and
instrument tasks required in the instrument rating practical test
standards.
* * * * *
(f) Night vision goggle operating experience. (1) A person may act
as pilot in command in a night vision goggle operation with passengers
on board only if, within 2 calendar months preceding the month of the
flight, that person performs and logs the following tasks as the sole
manipulator of the controls on a flight during a night vision goggle
operation--
(i) Three takeoffs and three landings, with each takeoff and
landing including a climbout, cruise, descent, and approach phase of
flight (only required if the pilot wants to use night vision goggles
during the takeoff and landing phases of the flight).
(ii) Three hovering tasks (only required if the pilot wants to use
night vision goggles when operating helicopters or powered-lifts during
the hovering phase of flight).
(iii) Three area departure and area arrival tasks.
(iv) Three tasks of transitioning from aided night flight (aided
night flight means that the pilot uses night vision goggles to maintain
visual surface reference) to unaided night flight (unaided night flight
means that the pilot does not use night vision goggles) and back to
aided night flight.
(v) Three night vision goggle operations, or when operating
helicopters or powered-lifts, six night vision goggle operations.
(2) A person may act as pilot in command using night vision goggles
only if, within the 4 calendar months preceding the month of the
flight, that person performs and logs the tasks listed in paragraph
(f)(1)(i) through (v) of this section as the sole manipulator of the
controls during a night vision goggle operation.
(g) Night vision goggle proficiency check. A person must either
meet the night vision goggle experience requirements of paragraphs
(f)(1) or (f)(2) of this section or pass a night vision goggle
proficiency check to act as pilot in command using night vision
goggles. The proficiency check must be performed in the category of
aircraft that is appropriate to the night vision goggle
[[Page 42552]]
operation for which the person is seeking the night vision goggle
privilege or in a flight simulator or flight training device that is
representative of that category of aircraft. The check must consist of
the tasks listed in Sec. 61.31(k), and the check must be performed by:
(1) An Examiner who is qualified to perform night vision goggle
operations in that same aircraft category and class;
(2) A person who is authorized by the U.S. Armed Forces to perform
night vision goggle proficiency checks, provided the person being
administered the check is also a member of the U.S. Armed Forces;
(3) A company check pilot who is authorized to perform night vision
goggle proficiency checks under parts 121, 125, or 135 of this chapter,
provided that both the check pilot and the pilot being tested are
employees of that operator;
(4) An authorized flight instructor who is qualified to perform
night vision goggle operations in that same aircraft category and
class;
(5) A person who is qualified as pilot in command for night vision
goggle operations in accordance with paragraph (f) of this section; or
(6) A person approved by the FAA to perform night vision goggle
proficiency checks.
0
20. Revise Sec. 61.63 to read as follows:
Sec. 61.63 Additional aircraft ratings (other than for ratings at the
airline transport pilot certification level).
(a) General. For an additional aircraft rating on a pilot
certificate, other than for an airline transport pilot certificate, a
person must meet the requirements of this section appropriate to the
additional aircraft rating sought.
(b) Additional aircraft category rating. A person who applies to
add a category rating to a pilot certificate:
(1) Must complete the training and have the applicable aeronautical
experience.
(2) Must have a logbook or training record endorsement from an
authorized instructor attesting that the person was found competent in
the appropriate aeronautical knowledge areas and proficient in the
appropriate areas of operation.
(3) Must pass the practical test.
(4) Need not take an additional knowledge test if the person holds
an airplane, rotorcraft, powered-lift, or airship rating at that pilot
certificate level.
(c) Additional aircraft class rating. A person who applies for an
additional class rating on a pilot certificate:
(1) Must have a logbook or training record endorsement from an
authorized instructor attesting that the person was found competent in
the appropriate aeronautical knowledge areas and proficient in the
appropriate areas of operation.
(2) Must pass the practical test.
(3) Need not meet the specified training time requirements
prescribed by this part that apply to the pilot certificate for the
aircraft class rating sought; unless, the person only holds a lighter-
than-air category rating with a balloon class rating and is seeking an
airship class rating, then that person must receive the specified
training time requirements and possess the appropriate aeronautical
experience.
(4) Need not take an additional knowledge test if the person holds
an airplane, rotorcraft, powered-lift, or airship rating at that pilot
certificate level.
(d) Additional aircraft type rating. Except as provided under
paragraph (d)(6) of this section, a person who applies for an aircraft
type rating or an aircraft type rating to be completed concurrently
with an aircraft category or class rating--
(1) Must hold or concurrently obtain an appropriate instrument
rating, except as provided in paragraph (e) of this section.
(2) Must have a logbook or training record endorsement from an
authorized instructor attesting that the person is competent in the
appropriate aeronautical knowledge areas and proficient in the
appropriate areas of operation at the airline transport pilot
certification level.
(3) Must pass the practical test at the airline transport pilot
certification level.
(4) Must perform the practical test in actual or simulated
instrument conditions, except as provided in paragraph (e) of this
section.
(5) Need not take an additional knowledge test if the applicant
holds an airplane, rotorcraft, powered-lift, or airship rating on the
pilot certificate.
(6) In the case of a pilot employee of a part 121 or part 135
certificate holder or of a fractional ownership program manager under
subpart K of part 91 of this chapter, the pilot must--
(i) Meet the appropriate requirements under paragraphs (d)(1),
(d)(3), and (d)(4) of this section; and
(ii) Receive a flight training record endorsement from the
certificate holder attesting that the person completed the certificate
holder's approved ground and flight training program.
(e) Aircraft not capable of instrument maneuvers and procedures.
(1) An applicant for a type rating or a type rating in addition to an
aircraft category and/or class rating who provides an aircraft that is
not capable of the instrument maneuvers and procedures required on the
practical test:
(i) May apply for the type rating, but the rating will be limited
to ``VFR only.''
(ii) May have the ``VFR only'' limitation removed for that aircraft
type after the applicant:
(A) Passes a practical test in that type of aircraft in actual or
simulated instrument conditions;
(B) Passes a practical test in that type of aircraft on the
appropriate instrument maneuvers and procedures in Sec. 61.157; or
(C) Becomes qualified under Sec. 61.73(d) for that type of
aircraft.
(2) When an instrument rating is issued to a person who holds one
or more type ratings, the amended pilot certificate must bear the ``VFR
only'' limitation for each aircraft type rating that the person did not
demonstrate instrument competency.
(f) Multiengine airplane with a single-pilot station. An applicant
for a type rating, at other than the ATP certification level, in a
multiengine airplane with a single-pilot station must perform the
practical test in the multi-seat version of that airplane, or the
practical test may be performed in the single-seat version of that
airplane if the Examiner is in a position to observe the applicant
during the practical test and there is no multi-seat version of that
multiengine airplane.
(g) Single engine airplane with a single-pilot station. An
applicant for a type rating, at other than the ATP certification level,
in a single engine airplane with a single-pilot station must perform
the practical test in the multi-seat version of that single engine
airplane, or the practical test may be performed in the single-seat
version of that airplane if the Examiner is in a position to observe
the applicant during the practical test and there is no multi-seat
version of that single engine airplane.
(h) Aircraft category and class rating for the operation of
aircraft with an experimental certificate. A person holding a
recreational, private, or commercial pilot certificate may apply for a
category and class rating limited to a specific make and model of
experimental aircraft, provided--
(1) The person logged 5 hours flight time while acting as pilot in
command in the same category, class, make, and model of aircraft.
(2) The person received a logbook endorsement from an authorized
instructor who determined the pilot's proficiency to act as pilot in
command of the same category, class, make, and model of aircraft.
[[Page 42553]]
(3) The flight time specified under paragraph (h)(1) of this
section was logged between September 1, 2004 and August 31, 2005.
(i) Waiver authority. An Examiner who conducts a practical test may
waive any task for which the FAA has provided waiver authority.
0
21. Add a new Sec. 61.64 to read as follows:
Sec. 61.64 Use of a flight simulator and flight training device.
(a) Use of a flight simulator for the airplane rating. If an
applicant uses a flight simulator for training or the practical test
for an airplane category, class, or type rating--
(1) The flight simulator--
(i) Must represent the category, class, and type of airplane rating
(if a type rating is applicable) for the rating sought;
(ii) Must be used in accordance with an approved course of training
under part 141 or part 142 of this chapter; or under part 121 or part
135 of this chapter, provided the applicant is a pilot employee of that
air carrier operator;
(iii) At a minimum, must be qualified and approved as a Level C
flight simulator if the applicant performs any portion of the practical
test in the flight simulator; and
(iv) At a minimum, must be qualified and approved as a Level A
flight simulator if the applicant uses the flight simulator for any
training;
(2) If the type rating is for a turbojet airplane, the applicant
must--
(i) Hold a type rating in a turbojet airplane of the same class of
airplane, and that type rating may not contain a supervised operating
experience limitation;
(ii) Have 1,000 hours of flight time in two different turbojet
airplanes of the same class of airplane;
(iii) Have been appointed by the U.S. Armed Forces as pilot in
command in a turbojet airplane of the same class of airplane; or
(iv) Have 500 hours of flight time in the same type of airplane.
(3) If the type rating is for a turbo propeller airplane, the
applicant must--
(i) Hold a type rating in a turbo-propeller airplane of the same
class of airplane, and that type rating may not contain a supervised
operating experience limitation;
(ii) Have 1,000 hours of flight time in two different turbo-
propeller airplanes of the same class of airplane;
(iii) Have been appointed by the U.S. Armed Forces as pilot in
command in a turbo-propeller airplane of the same class of airplane; or
(iv) Have 500 hours of flight time in the same type of airplane.
(4) If the applicant does not meet the requirements of paragraph
(a)(2) or (a)(3) of this section, then--
(i) The applicant must complete the following tasks on the
practical test in the airplane of the category, class, and type of
airplane rating (if a type rating is applicable) for which the airplane
rating applies: preflight inspection, normal takeoff, normal instrument
landing system approach, missed approach, and normal landing.
(ii) After passing the practical test, the applicant's pilot
certificate must state: ``The [name the category, class, and type of
airplane rating (if a type rating is applicable)] is subject to
additional pilot in command limitations,'' and the applicant is
restricted from serving as pilot in command in that category, class,
and type of airplane rating (if a type rating is applicable).
(iii) The limitation described under paragraph (a)(4)(ii) of this
section may be removed from the applicant's pilot certificate if the
applicant--
(A) Logs 25 hours of flight time in the category and class of
airplane for the rating sought, and if a type rating is being sought,
the flight time must be performed in the same type of airplane for the
type rating sought;
(B) Performs 25 hours of flight time under the direct observation
of the pilot in command who holds the appropriate airplane category,
class, and type rating, without limitations, in the same category,
class, and type of airplane rating, if a type rating is applicable;
(C) Logs each flight and the pilot in command who observed the
flight attests to each flight;
(D) Obtains the flight time while in the pilot in command seat of
the appropriate airplane category, class, and type, if a type rating is
appropriate; and
(E) Has an Examiner review the pilot logbook and endorse that
logbook, attesting to compliance with the required supervised operating
experience.
(b) Use of a flight training device for the airplane rating. If an
applicant uses a flight training device for training for the airplane
category, class, or type rating, the applicant must meet the
requirements of paragraph (a)(2), (a)(3) or (a)(4) of this section, and
the flight training device--
(1) Must represent the category, class, and type of airplane rating
(if a type rating is applicable) for the rating.
(2) Must be used in accordance with an approved course of training
under part 141 or part 142 of this chapter, or under part 121 or part
135 of this chapter, provided the applicant is a pilot employee of that
air carrier operator.
(3) Must be qualified and approved at or above a Level 2 flight
training device if the applicant completes the entire practical test in
the airplane.
(4) Must be qualified and approved at or above a Level 5 flight
training device if the applicant uses a flight simulator for any
portion of the practical test.
(c) Use of a flight simulator for the helicopter rating. If an
applicant uses a flight simulator for training or the practical test
for the helicopter class or type rating,
(1) The flight simulator--
(i) Must represent the class and type of helicopter rating (if a
type rating is applicable) for the rating;
(ii) Must be used in accordance with an approved course of training
under part 141 or part 142 of this chapter, or under part 135 of this
chapter, provided the applicant is a pilot employee of that part 135
operator;
(iii) At a minimum, must be qualified and approved as a Level C
flight simulator if the applicant performs any portion of the practical
test in a flight simulator; and
(iv) At a minimum, must be qualified and approved as a Level A
flight simulator if the applicant uses a flight simulator for any
training.
(2) The applicant must meet one of the following requirements--
(i) Hold a type rating in a helicopter and that type rating may not
contain the supervised operating experience limitation;
(ii) Have been appointed by the U.S. Armed Forces as pilot in
command of a helicopter;
(iii) Have 500 hours of flight time in the type of helicopter; or
(iv) Have 1,000 hours of flight time in two different types of
helicopters.
(3) If the applicant does not meet any of the requirements of
paragraph (c)(2) of this section, then--
(i) The applicant must complete the following tasks on the
practical test in the helicopter class and type rating (if a type
rating is applicable) for which the rating applies: preflight
inspection, normal takeoff, normal instrument landing system approach,
missed approach, and normal landing.
(ii) After passing the practical test, the applicant's pilot
certificate must state: ``The [name the helicopter class, and type of
helicopter rating (if a type rating is applicable)] rating is subject
to additional pilot in command limitations,'' and the applicant is
restricted from serving as pilot in command in that helicopter class
and type of helicopter rating (if a type rating is applicable).
[[Page 42554]]
(iii) The limitation described under paragraph (c)(3)(ii) of this
section may be removed from the pilot certificate if the applicant
complies with the following--
(A) Logs 25 hours of flight time in the class of helicopter for the
rating sought, if the person applied for a type rating, the flight time
must be performed in the same type of helicopter for the type rating
sought;
(B) Performs the 25 hours of flight time under the direct
observation of the pilot in command who holds the appropriate class and
type of helicopter rating (if a type rating is applicable), without
limitations, in the same class, and type of helicopter rating, if a
type rating is applicable;
(C) Logs each flight and the pilot in command who observed the
flight attests to each flight;
(D) Performs the flight time while in the pilot in command seat of
the appropriate class and type of helicopter rating, if a type rating
is appropriate; and
(E) Has an Examiner review the pilot logbook and endorse that
logbook, attesting to compliance with the required supervised operating
experience.
(d) Use of a flight training device for the helicopter rating. If
an applicant uses a flight training device for training for the
helicopter class or type rating, the applicant must meet the
requirements of either paragraph (c)(2) or (3) of this section and the
flight training device--
(1) Must represent the class and type of helicopter rating (if a
type rating is applicable) for the rating.
(2) Must be used in accordance with an approved course of training
under part 141 or part 142 of this chapter, or under part 135 of this
chapter, provided the applicant is a pilot employee of that part 135
operator.
(3) Must be qualified and approved at or above a Level 2 flight
training device if the applicant completes the entire practical test in
the helicopter.
(4) Must be qualified and approved at or above a Level 5 flight
training device if the applicant uses a flight simulator for any
portion of the practical test.
(e) Use of a flight simulator for the powered-lift rating. If an
applicant uses a flight simulator for training or the practical test
for the powered-lift category or type rating--
(1) The flight simulator--
(i) Must represent the category and type of powered-lift rating (if
a type rating is applicable) for the rating;
(ii) Must be used in accordance with an approved course of training
under part 141 or part 142 of this chapter, or under part 121 or part
135 of this chapter, provided the applicant is a pilot employee of that
air carrier operator;
(iii) At a minimum, must be qualified and approved as a Level C
flight simulator if the applicant performs any portion of the practical
test in a flight simulator; and
(iv) At a minimum, must be qualified and approved as a Level A
flight simulator if the applicant uses a flight simulator for any
training.
(2) The applicant must meet one of the following requirements--
(i) Hold a type rating in a powered-lift without a supervised
operating experience limitation;
(ii) Have been appointed by the U.S. Armed Forces as pilot in
command of a powered-lift;
(iii) Have 500 hours of flight time in the type of powered-lift; or
(iv) Have 1,000 hours of flight time in two different types of
powered-lifts.
(3) If the applicant does not meet any of the requirements of
paragraph (e)(2) of this section, then--
(i) The applicant must complete the following tasks on the
practical test in the powered-lift of the category and type of powered-
lift rating (if a type rating is applicable) for which the rating
applies: preflight inspection, normal takeoff, normal instrument
landing system approach, missed approach, and normal landing.
(ii) After passing the practical test, the applicant's pilot
certificate must state: ``The [name of the category and type of
powered-lift rating (if a type rating is applicable)] rating is subject
to additional pilot in command limitations,'' and that applicant is
restricted from serving as pilot in command in that category and type
of powered-lift rating (if a type rating is applicable).
(iii) The limitation described under paragraph (e)(3)(ii) of this
section may be removed from the pilot certificate if the applicant
complies with the following--
(A) Logs 25 hours of flight time in the powered-lift category for
the rating sought, and if a type rating is being sought, the flight
time must be performed in the same type of powered-lift for the type
rating sought;
(B) Performs the 25 hours flight time under the direct observation
of the pilot in command who holds the category and type of powered-lift
rating (if a type rating is applicable), without limitations, in the
same category and type of powered-lift rating, if a type rating is
applicable;
(C) Logs each flight and the pilot in command who observed the
flight attests to each flight;
(D) Performs the flight time while in the pilot in command seat of
the appropriate category and type of powered-lift rating, if a type
rating is appropriate; and
(E) Has an Examiner review the pilot logbook and endorse that
logbook, attesting to compliance with the required supervised operating
experience.
(f) Use of a flight training device for the powered-lift rating.
Whenever an applicant uses a flight training device for training for
the powered-lift category or type rating, the flight training device
must meet the following requirements, and the applicant must meet the
requirements of either paragraph (e)(2) or (e)(3) of this section.
(1) The flight training device must represent the class and type of
powered-lift rating (if a type rating is applicable) for the rating.
(2) The flight training device must be used in accordance with an
approved course of training under part 141 or part 142 of this chapter;
or under part 121 or part 135 of this chapter, provided the applicant
is a pilot employee of that air carrier operator.
(3) If the applicant completes the entire practical test in the
powered-lift, the flight training device used for training must be
qualified and approved at or above a Level 2 flight training device.
(4) If an applicant uses a flight simulator for any portion of the
practical test, the flight training device used for training must be
qualified and approved at or above a Level 5 flight training device.
0
22. Amend Sec. 61.65 by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraph (d);
0
c. Redesignating existing paragraph (e) as paragraph (g);
0
d. Adding new paragraphs (e), (f), and (h); and
0
e. Revising newly re-designated paragraph (g).
The revisons and additions read as follows:
Sec. 61.65 Instrument rating requirements.
(a) * * *
(1) Hold at least a private pilot certificate with an airplane,
helicopter, or powered-lift rating appropriate to the instrument rating
sought;
* * * * *
(d) Aeronautical experience for the instrument-airplane rating. A
person who applies for an instrument-airplane rating must have logged:
[[Page 42555]]
(1) Fifty hours of cross country flight time as pilot in command,
of which 10 hours must have been in an airplane; and
(2) Forty hours of actual or simulated instrument time in the areas
of operation listed in paragraph (c) of this section, of which 15 hours
must have been received from an authorized instructor who holds an
instrument-airplane rating, and the instrument time includes:
(i) Three hours of instrument flight training from an authorized
instructor in an airplane that is appropriate to the instrument-
airplane rating within 2 calendar months before the date of the
practical test; and
(ii) Instrument flight training on cross country flight procedures,
including one cross country flight in an airplane with an authorized
instructor, that is performed under instrument flight rules, when a
flight plan has been filed with an air traffic control facility, and
that involves--
(A) A flight of 250 nautical miles along airways or by directed
routing from an air traffic control facility;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems.
(e) Aeronautical experience for the instrument-helicopter rating. A
person who applies for an instrument-helicopter rating must have
logged:
(1) Fifty hours of cross country flight time as pilot in command,
of which 10 hours must have been in a helicopter; and
(2) Forty hours of actual or simulated instrument time in the areas
of operation listed under paragraph (c) of this section, of which 15
hours must have been with an authorized instructor who holds an
instrument-helicopter rating, and the instrument time includes:
(i) Three hours of instrument flight training from an authorized
instructor in a helicopter that is appropriate to the instrument-
helicopter rating within 2 calendar months before the date of the
practical test; and
(ii) Instrument flight training on cross country flight procedures,
including one cross country flight in a helicopter with an authorized
instructor that is performed under instrument flight rules and a flight
plan has been filed with an air traffic control facility, and
involves--
(A) A flight of 100 nautical miles along airways or by directed
routing from an air traffic control facility;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems.
(f) Aeronautical experience for the instrument-powered-lift rating.
A person who applies for an instrument-powered-lift rating must have
logged:
(1) Fifty hours of cross country flight time as pilot in command,
of which 10 hours cross country must have been in a powered-lift; and
(2) Forty hours of actual or simulated instrument time in the areas
of operation listed under paragraph (c) of this section, of which 15
hours must have been received from an authorized instructor who holds
an instrument-powered-lift rating, and the instrument time includes:
(i) Three hours of instrument flight training from an authorized
instructor in a powered-lift that is appropriate to the instrument-
powered-lift rating within 2 calendar months before the date of the
practical test; and
(ii) Instrument flight training on cross country flight procedures,
including one cross country flight in a powered-lift with an authorized
instructor that is performed under instrument flight rules, when a
flight plan has been filed with an air traffic control facility, that
involves--
(A) A flight of 250 nautical miles along airways or by directed
routing from an air traffic control facility;
(B) An instrument approach at each airport; and
(C) Three different kinds of approaches with the use of navigation
systems.
(g) Use of flight simulators or flight training devices. If the
instrument time was provided by an authorized instructor in a flight
simulator or flight training device--
(1) A maximum of 30 hours may be performed in that flight simulator
or flight training device if the instrument time was completed in
accordance with part 142 of this chapter; or
(2) A maximum of 20 hours may be performed in that flight simulator
or flight training device if the instrument time was not completed in
accordance with part 142 of this chapter.
(h) Use of an aviation training device. A maximum of 10 hours of
instrument time received in an aviation training device may be credited
for the instrument time requirements of this section if--
(1) The device is approved and authorized by the FAA;
(2) An authorized instructor provides the instrument time in the
device;
(3) No more than 10 hours of instrument time in a flight simulator
or flight training device was credited for the instrument time
requirements of this section;
(4) A view-limiting device was worn by the applicant when logging
instrument time in the device; and
(5) The FAA approved the instrument training and instrument tasks
performed in the device.
0
23. Amend Sec. 61.69 by revising paragraphs (a)(1), (a)(4), and (a)(6)
introductory text to read as follows:
Sec. 61.69 Glider and unpowered ultralight vehicle towing: Experience
and training requirements.
(a) * * *
(1) Holds a private, commercial or airline transport pilot
certificate with a category rating for powered aircraft;
* * * * *
(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 while towing a glider or unpowered ultralight vehicle, or has
simulated towing flight procedures in an aircraft while accompanied by
a pilot who meets the requirements of paragraphs (c) and (d) of this
section.
* * * * *
(6) Within 24 calendar months before the flight has--
* * * * *
0
24. Revise Sec. 61.73 to read as follows:
Sec. 61.73 Military pilots or former military pilots: Special rules.
(a) General. Except for a person who has been removed from flying
status for lack of proficiency or because of a disciplinary action
involving aircraft operations, a U.S. military pilot or former military
pilot who meets the requirements of this section may apply, on the
basis of his or her military pilot qualifications, for:
(1) A commercial pilot certificate with the appropriate aircraft
category and class rating.
(2) An instrument rating with the appropriate aircraft rating.
(3) A type rating.
(b) Military pilots and former military pilots in the U.S. Armed
Forces. A person who qualifies as a military pilot or former military
pilot in the U.S. Armed Forces may apply for a pilot certificate and
ratings under paragraph (a) of this section if that person--
(1) Presents evidentiary documents described under paragraphs
(h)(1), (2), and (3) of this section that show the person's status in
the U.S. Armed Forces.
(2) Has passed the military competency aeronautical knowledge test
on the appropriate parts of this chapter
[[Page 42556]]
for commercial pilot privileges and limitations, air traffic and
general operating rules, and accident reporting rules.
(3) Presents official U.S. military records that show compliance
with one of the following requirements--
(i) Before the date of the application, passing an official U.S.
military pilot and instrument proficiency check in a military aircraft
of the kind of aircraft category, class, and type, if class or type of
aircraft is applicable, for the ratings sought; or
(ii) Before the date of application, logging 10 hours of pilot time
as a military pilot in a U.S. military aircraft in the kind of aircraft
category, class, and type, if a class rating or type rating is
applicable, for the aircraft rating sought.
(c) A military pilot in the Armed Forces of a foreign contracting
State to the Convention on International Civil Aviation. A person who
is a military pilot in the Armed Forces of a foreign contracting State
to the Convention on International Civil Aviation and is assigned to
pilot duties in the U.S. Armed Forces, for purposes other than
receiving flight training, may apply for a commercial pilot certificate
and ratings under paragraph (a) of this section, provided that person--
(1) Presents evidentiary documents described under paragraph (h)(4)
of this section that show the person is a military pilot in the Armed
Forces of a foreign contracting State to the Convention on
International Civil Aviation, and is assigned to pilot duties in the
U.S. Armed Forces, for purposes other than receiving flight training.
(2) Has passed the military competency aeronautical knowledge test
on the appropriate parts of this chapter for commercial pilot
privileges and limitations, air traffic and general operating rules,
and accident reporting rules.
(3) Presents official U.S. military records that show compliance
with one of the following requirements:
(i) Before the date of the application, passed an official U.S.
military pilot and instrument proficiency check in a military aircraft
of the kind of aircraft category, class, or type, if class or type of
aircraft is applicable, for the ratings; or
(ii) Before the date of the application, logged 10 hours of pilot
time as a military pilot in a U.S. military aircraft of the kind of
category, class, and type of aircraft, if a class rating or type rating
is applicable, for the aircraft rating.
(d) Instrument rating. A person who is qualified as a U.S. military
pilot or former military pilot may apply for an instrument rating to be
added to a pilot certificate if that person--
(1) Has passed an instrument proficiency check in the U.S. Armed
Forces in the aircraft category for the instrument rating sought; and
(2) Has an official U.S. Armed Forces record that shows the person
is instrument pilot qualified by the U.S. Armed Forces to conduct
instrument flying on Federal airways in that aircraft category and
class for the instrument rating sought.
(e) Aircraft type rating. An aircraft type rating may only be
issued for a type of aircraft that has a comparable civilian type
designation by the Administrator.
(f) Aircraft type rating placed on an airline transport pilot
certificate. A person who is a military pilot or former military pilot
of the U.S. Armed Forces and requests an aircraft type rating to be
placed on an existing U.S. airline transport pilot certificate may be
issued the rating at the airline transport pilot certification level,
provided that person:
(1) Holds a category and class rating for that type of aircraft at
the airline transport pilot certification level; and
(2) Has passed an official U.S. military pilot check and instrument
proficiency check in that type of aircraft.
(g) Flight instructor certificate and ratings. A person who can
show official U.S. military documentation of being a U.S. military
instructor pilot or U.S. military pilot examiner, or a former
instructor pilot or pilot examiner may apply for and be issued a flight
instructor certificate with the appropriate ratings if that person:
(1) Holds a commercial or airline transport pilot certificate with
the appropriate aircraft category and class rating, if a class rating
is appropriate, for the flight instructor rating sought;
(2) Holds an instrument rating, or has instrument privileges, on
the pilot certificate that is appropriate to the flight instructor
rating sought; and
(3) Presents the following documents:
(i) A knowledge test report that shows the person passed a
knowledge test on the aeronautical knowledge areas listed under Sec.
61.185(a) appropriate to the flight instructor rating sought and the
knowledge test was passed within the preceding 24 calendar months prior
to the month of application. If the U.S. military instructor pilot or
pilot examiner already holds a flight instructor certificate, holding
of a flight instructor certificate suffices for the knowledge test
report.
(ii) An official U.S. Armed Forces record or order that shows the
person is or was qualified as a U.S. Armed Forces military instructor
pilot or pilot examiner for the flight instructor rating sought.
(iii) An official U.S. Armed Forces record or order that shows the
person completed a U.S. Armed Forces' instructor pilot or pilot
examiner training course and received an aircraft rating qualification
as a military instructor pilot or pilot examiner that is appropriate to
the flight instructor rating sought.
(iv) An official U.S. Armed Forces record or order that shows the
person passed a U.S. Armed Forces instructor pilot or pilot examiner
proficiency check in an aircraft as a military instructor pilot or
pilot examiner that is appropriate to the flight instructor rating
sought.
(h) Documents for qualifying for a pilot certificate and rating.
The following documents are required for a person to apply for a pilot
certificate and rating:
(1) An official U.S. Armed Forces record that shows the person is
or was a military pilot.
(2) An official U.S. Armed Forces record that shows the person
graduated from a U.S. Armed Forces undergraduate pilot training school
and received a rating qualification as a military pilot.
(3) An official U.S. Armed Forces record that shows the pilot
passed a pilot proficiency check and instrument proficiency check in an
aircraft as a military pilot.
(4) If a person is a military pilot in the Armed Forces from a
foreign contracting State to the Convention on International Civil
Aviation and is applying for a pilot certificate and rating, that
person must present the following:
(i) An official U.S. Armed Forces record that shows the person is a
military pilot in the U.S. Armed Forces;
(ii) An official U.S. Armed Forces record that shows the person is
assigned as a military pilot in the U.S. Armed Forces for purposes
other than receiving flight training;
(iii) An official record that shows the person graduated from a
military undergraduate pilot training school from the Armed Forces from
a foreign contracting State to the Convention on International Civil
Aviation or from the U.S. Armed Forces, and received a qualification as
a military pilot; and
(iv) An official U.S. Armed Forces record that shows that the
person passed a pilot proficiency check and instrument proficiency
check in an aircraft as a military pilot in the U.S. Armed Forces.
0
25. Amend Sec. 61.75 by revising paragraphs (a), (b) introductory
text,
[[Page 42557]]
(b)(2), (b)(3), (b)(4), (c), (d) introductory text, (e)(1), (f), and
(g), and removing paragraph (e)(4).
The revisions read as follows:
Sec. 61.75 Private pilot certificate issued on the basis of a foreign
pilot license.
(a) General. A person who holds a foreign pilot license at the
private pilot level or higher that was issued by a contracting State to
the Convention on International Civil Aviation may apply for and be
issued a U.S. private pilot certificate with the appropriate ratings if
the foreign pilot license meets the requirements of this section.
(b) Certificate issued. A U.S. private pilot certificate issued
under this section must specify the person's foreign license number and
country of issuance. A person who holds a foreign pilot license issued
by a contracting State to the Convention on International Civil
Aviation may be issued a U.S. private pilot certificate based on the
foreign pilot license without any further showing of proficiency,
provided the applicant:
* * * * *
(2) Holds a foreign pilot license, at the private pilot license
level or higher, that does not contain a limitation stating that the
applicant has not met all of the standards of ICAO for that license;
(3) Does not hold a U.S. pilot certificate other than a U.S.
student pilot certificate;
(4) Holds a medical certificate issued under part 67 of this
chapter or a medical license issued by the country that issued the
person's foreign pilot license; and
* * * * *
(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 for private pilot privileges only.
(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. pilot certificate provided:
* * * * *
(e) * * *
(1) May act as pilot in command of a civil aircraft of the United
States in accordance with the pilot privileges authorized by this part
and the limitations placed on that U.S. pilot certificate;
* * * * *
(f) Limitation on licenses used as the basis for a U.S.
certificate. A person may use only one foreign pilot license as a basis
for the issuance of a U.S. pilot certificate. The foreign pilot license
and medical certification used as a basis for issuing a U.S. pilot
certificate under this section must be written in English or
accompanied by an English 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. pilot certificate. A U.S. pilot
certificate issued under this section can only be exercised when the
pilot has the foreign pilot license, upon which the issuance of the
U.S. pilot certificate was based, in the holder's possession or readily
accessible in the aircraft.
0
26. Amend Sec. 61.77 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2), (b)(1), (b)(2) introductory text,
(b)(4); and (d);
0
c. Removing paragraph (b)(5); and
0
d. Redesignating paragraph (b)(6) as (b)(5).
The revisions read as follows:
Sec. 61.77 Special purpose pilot authorization: Operation of a civil
aircraft of the United States and leased by a non-U.S. citizen.
(a) * * *
(2) For carrying persons or property for compensation or hire for
operations in--
(i) Scheduled international air services in turbojet-powered
airplanes of U.S. registry;
(ii) Scheduled international air services in airplanes of U.S.
registry having a configuration of more than nine passenger seats,
excluding crewmember seats;
(iii) Nonscheduled international air transportation in airplanes of
U.S. registry having a configuration of more than 30 passenger seats,
excluding crewmember seats; or
(iv) Scheduled international air services, or nonscheduled
international air transportation, in airplanes of U.S. registry having
a payload capacity of more than 7,500 pounds.
(b) * * *
(1) A foreign pilot license issued by the aeronautical authority of
a contracting State to the Convention on International Civil Aviation
that contains the appropriate aircraft category, class, type rating, if
appropriate, and instrument rating for the aircraft to be flown;
(2) A certification by the lessee of the aircraft--
* * * * *
(4) Documentation the applicant meets the medical standards for the
issuance of the foreign pilot license from the aeronautical authority
of that contracting State to the Convention on International Civil
Aviation; and
* * * * *
(d) General limitations. A special purpose pilot authorization may
be used only--
(1) For flights between foreign countries or for flights in foreign
air commerce within the time period allotted on the authorization.
(2) If the foreign pilot license required by paragraph (b)(1) of
this section, the medical documentation required by paragraph (b)(4) of
this section, and the special purpose pilot authorization issued under
this section are in the holder's physical possession or immediately
accessible in the aircraft.
(3) While the holder is employed by the person to whom the aircraft
described in the certification required by paragraph (b)(2) of this
section is leased.
(4) While the holder is performing pilot duties on the U.S.-
registered aircraft described in the certification required by
paragraph (b)(2) of this section.
(5) If the holder has only one special purpose pilot authorization
as provided in paragraph (b)(5) of this section.
* * * * *
0
27. Amend Sec. 61.87 by revising paragraph (p) to read as follows:
Sec. 61.87 Solo requirements for student pilots.
* * * * *
(p) Limitations on flight instructors authorizing solo flight. No
instructor may authorize a student pilot to perform a solo flight
unless that instructor has--
(1) 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;
(2) Determined the student pilot is proficient in the maneuvers and
procedures prescribed in this section;
(3) Determined the student pilot is proficient in the make and
model of aircraft to be flown;
(4) 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
(5) 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.
0
28. Amend Sec. 61.93 by revising paragraphs (b)(1)(iii), (b)(2)(iii),
and (b)(2)(iv) to read as follows:
[[Page 42558]]
Sec. 61.93 Solo cross country flight requirements.
* * * * *
(b) * * *
(1) * * *
(iii) The student pilot has a solo flight endorsement in accordance
with Sec. 61.87 of this part;
* * * * *
(2) * * *
(iii) The student has a solo flight endorsement in accordance with
Sec. 61.87 of this part; and
(iv) The student has a solo cross country flight endorsement 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.
* * * * *
0
29. Amend Sec. 61.96 by revising paragraphs (b)(7) and (b)(8); and
adding a new paragraph (b)(9) to read as follows:
Sec. 61.96 Applicability and eligibility requirements: General.
* * * * *
(b) * * *
(7) Pass the practical test on the areas of operation listed in
Sec. 61.98(b) that apply to the aircraft category and class rating;
(8) Comply with the sections of this part that apply to the
aircraft category and class rating; and
(9) Hold either a student pilot certificate or sport pilot
certificate.
0
30. Amend Sec. 61.101 by revising paragraphs (b) introductory text,
(c) introductory text, (d) introductory text, (e)(1)(iii), and (j)
introductory text to read as follows:
Sec. 61.101 Recreational pilot privileges and limitations.
* * * * *
(b) A person who holds a recreational pilot certificate may act as
pilot in command of an aircraft on a flight within 50 nautical miles
from the departure airport, provided that person has--
* * * * *
(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--
* * * * *
(d) A person who holds a recreational pilot certificate may act as
pilot in command of an aircraft in Class B, C, and D airspace, at an
airport located in Class B, C, or D airspace, and to, from, through, or
at an airport having an operational control tower, provided that person
has--
* * * * *
(e) * * *
(1) * * *
(iii) With a powerplant of more than 180 horsepower, except
aircraft certificated in the rotorcraft category; or
* * * * *
(j) In order to fly solo as provided in paragraph (i) 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 (i) of this section, the recreational pilot shall carry the
logbook that has been endorsed for each flight by an authorized
instructor who:
* * * * *
0
31. Amend Sec. 61.103 by adding new paragraph (j) to read as follows:
Sec. 61.103 Eligibility requirements: General.
* * *
(j) Hold a U.S. student pilot certificate, sport pilot certificate,
or recreational pilot certificate.
0
32. Amend Sec. 61.109 by revising paragraphs (a)(5)(ii), (b)(5)(ii),
(c)(4)(ii), (d)(4)(ii), and (e)(5)(ii) to read as follows:
Sec. 61.109 Aeronautical experience.
(a) * * *
(5) * * *
(ii) One solo cross country flight of 150 nautical miles total
distance, with full-stop landings at three points, and one segment of
the flight consisting of a straight-line distance of more than 50
nautical miles between the takeoff and landing locations; and
* * * * *
(b) * * *
(5) * * *
(ii) One solo cross country flight of 150 nautical miles total
distance, with full-stop landings at three points, and one segment of
the flight consisting of a straight-line distance of more than 50
nautical miles between the takeoff and landing locations; and
* * * * *
(c) * * *
(4) * * *
(ii) One solo cross country flight of 100 nautical miles total
distance, with landings at three points, and one segment of the flight
being a straight-line distance of more than 25 nautical miles between
the takeoff and landing locations; and
* * * * *
(d) * * *
(4) * * *
(ii) One solo cross country flight of 100 nautical miles total
distance, with landings at three points, and one segment of the flight
being a straight-line distance of more than 25 nautical miles between
the takeoff and landing locations; and
* * * * *
(e) * * *
(5) * * *
(ii) One solo cross country flight of 150 nautical miles total
distance, with full-stop landings at three points, and one segment of
the flight consisting of a straight-line distance of more than 50
nautical miles between the takeoff and landing locations; and
* * * * *
0
33. Amend Sec. 61.127 by:
0
a. Redesignating paragraphs (b)(4)(vi) through (ix) as (b)(4)(vii)
through (x);
0
b. Adding a new paragraph (b)(4)(vi);
0
c. Removing paragraph (b)(5)(vii); and
0
d. Redesignating existing paragraphs (b)(5)(viii) through (xiii) as
(b)(5)(vii) through (xii).
The addition reads as follows:
Sec. 61.127 Flight proficiency.
* * * * *
(b) * * *
(4) * * *
(vi) Ground reference maneuvers;
* * * * *
0
34. Amend Sec. 61.129 by revising paragraphs (a)(3)(i), (a)(3)(iii),
(a)(3)(iv), (a)(4) introductory text, (b)(3)(i), (b)(3)(iii),
(b)(3)(iv), (c)(3)(i) through (iii), (c)(4) introductory text,
(d)(3)(i) through (iii), (d)(4) introductory text, (e)(3)(i) through
(iii), (e)(4) introductory text, (g)(2) introductory text, (g)(3),
(g)(4)(ii), (g)(4)(iii), and (i)(3) to read as follows:
Sec. 61.129 Aeronautical experience.
(a) * * *
(3) * * *
(i) Ten hours of instrument training using a view-limiting device
including attitude instrument flying, partial panel skills, recovery
from unusual flight attitudes, and intercepting and tracking
navigational systems. Five hours of the 10 hours required on instrument
training must be in a single engine airplane;
* * * * *
(iii) One 2-hour cross country flight in a single engine airplane
in daytime conditions that consists of a total straight-line distance
of more than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight in a single engine airplane in
nighttime conditions that consists of a total
[[Page 42559]]
straight-line distance of more than 100 nautical miles from the
original point of departure; and
* * * * *
(4) Ten hours of solo flight time in a single engine airplane or 10
hours of flight time performing the duties of pilot in command in a
single engine airplane with an authorized instructor on board (either
of which may be credited towards the flight time requirement under
paragraph (a)(2) of this section), on the areas of operation listed
under Sec. 61.127(b)(1) that include--
* * * * *
(b) * * *
(3) * * *
(i) Ten hours of instrument training using a view-limiting device
including attitude instrument flying, partial panel skills, recovery
from unusual flight attitudes, and intercepting and tracking
navigational systems. Five hours of the 10 hours required on instrument
training must be in a multiengine airplane;
* * * * *
(iii) One 2-hour cross country flight in a multiengine airplane in
daytime conditions that consists of a total straight-line distance of
more than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight in a multiengine airplane in
nighttime conditions that consists of a total straight-line distance of
more than 100 nautical miles from the original point of departure; and
* * * * *
(c) * * *
(3) * * *
(i) Five hours on the control and maneuvering of a helicopter
solely by reference to instruments using a view-limiting device
including attitude instrument flying, partial panel skills, recovery
from unusual flight attitudes, and intercepting and tracking
navigational systems. This aeronautical experience may be performed in
an aircraft, flight simulator, flight training device, or an aviation
training device;
(ii) One 2-hour cross country flight in a helicopter in daytime
conditions that consists of a total straight-line distance of more than
50 nautical miles from the original point of departure;
(iii) One 2-hour cross country flight in a helicopter in nighttime
conditions that consists of a total straight-line distance of more than
50 nautical miles from the original point of departure; and
* * * * *
(4) Ten hours of solo flight time in a helicopter or 10 hours of
flight time performing the duties of pilot in command in a helicopter
with an authorized instructor on board (either of which may be credited
towards the flight time requirement under paragraph (c)(2) of this
section), on the areas of operation listed under Sec. 61.127(b)(3)
that includes--
* * * * *
(d) * * *
(3) * * *
(i) 2.5 hours on the control and maneuvering of a gyroplane solely
by reference to instruments using a view-limiting device including
attitude instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational systems.
This aeronautical experience may be performed in an aircraft, flight
simulator, flight training device, or an aviation training device;
(ii) One 2-hour cross country flight in a gyroplane in daytime
conditions that consists of a total straight-line distance of more than
50 nautical miles from the original point of departure;
(iii) Two hours of flight training during nighttime conditions in a
gyroplane at an airport, that includes 10 takeoffs and 10 landings to a
full stop (with each landing involving a flight in the traffic
pattern); and
* * * * *
(4) Ten hours of solo flight time in a gyroplane or 10 hours of
flight time performing the duties of pilot in command in a gyroplane
with an authorized instructor on board (either of which may be credited
towards the flight time requirement under paragraph (d)(2) of this
section), on the areas of operation listed in Sec. 61.127(b)(4) that
includes--
* * * * *
(e) * * *
(3) * * *
(i) Ten hours of instrument training using a view-limiting device
including attitude instrument flying, partial panel skills, recovery
from unusual flight attitudes, and intercepting and tracking
navigational systems. Five hours of the 10 hours required on instrument
training must be in a powered-lift;
(ii) One 2-hour cross country flight in a powered-lift in daytime
conditions that consists of a total straight-line distance of more than
100 nautical miles from the original point of departure;
(iii) One 2-hour cross country flight in a powered-lift in
nighttime conditions that consists of a total straight-line distance of
more than 100 nautical miles from the original point of departure; and
* * * * *
(4) Ten hours of solo flight time in a powered-lift or 10 hours of
flight time performing the duties of pilot in command in a powered-lift
with an authorized instructor on board (either of which may be credited
towards the flight time requirement under paragraph (e)(2) of this
section), on the areas of operation listed in Sec. 61.127(b)(5) that
includes--
* * * * *
(g) * * *
(2) Thirty hours of pilot in command flight time in airships or
performing the duties of pilot in command in an airship with an
authorized instructor aboard, which consists of--
* * * * *
(3) Forty hours of instrument time to include--
(i) Instrument training using a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual flight
attitudes, and intercepting and tracking navigational systems; and
(ii) Twenty hours of instrument flight time, of which 10 hours must
be in flight in airships.
(4) * * *
(ii) One hour cross country flight in an airship in daytime
conditions that consists of a total straight-line distance of more than
25 nautical miles from the point of departure; and
(iii) One hour cross country flight in an airship in nighttime
conditions that consists of a total straight-line distance of more than
25 nautical miles from the point of departure.
* * * * *
(i) * * *
(3) Except when fewer hours are approved by the FAA, an applicant
for the commercial pilot certificate with the airplane or powered-lift
rating who has completed 190 hours of aeronautical experience is
considered to have met the total aeronautical experience requirements
of this section, provided the applicant satisfactorily completed an
approved commercial pilot course under part 142 of this chapter and the
approved course was appropriate to the commercial pilot certificate and
aircraft rating sought.
0
35. Amend Sec. 61.153 by revising paragraphs (d)(1), (d)(3), and (h)
to read as follows:
Sec. 61.153 Eligibility requirements: General.
* * * * *
(d) * * *
(1) Holds a commercial pilot certificate with an instrument rating
issued under this part;
* * * * *
(3) Holds either a foreign airline transport pilot license with
instrument privileges, or a foreign commercial pilot license with an
instrument rating, that--
[[Page 42560]]
(i) Was issued by a contracting State to the Convention on
International Civil Aviation; and
(ii) Contains no geographical limitations.
* * * * *
(h) Comply with the sections of this subpart that apply to the
aircraft category and class rating sought.
0
36. Revise Sec. 61.157 to read as follows:
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.
(v) An aircraft type rating.
(2) A person who is applying for an airline transport pilot
practical test must meet--
(i) The eligibility requirements of Sec. 61.153; 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 applies for an aircraft type rating to be
added to an airline transport pilot certificate or applies for a type
rating to be concurrently completed with an airline transport pilot
certificate:
(1) Must receive and log ground and flight training from an
authorized instructor on the areas of operation under this section that
apply to the aircraft type rating;
(2) Must receive a logbook endorsement from an authorized
instructor that certifies the applicant completed the training on the
areas of operation listed under paragraph (e) of this section that
apply to the aircraft type rating; and
(3) Must perform the practical test in actual or simulated
instrument conditions, except as provided under paragraph (g) of this
section.
(c) Exceptions. A person who applies 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, does not need to comply with the requirements
of paragraph (b) of this section if the applicant presents a training
record that shows completion of that certificate holder's approved
pilot in command training program for the aircraft type rating.
(d) Upgrading type ratings. Any type rating(s) and limitations on a
pilot certificate of an applicant who completes an airline transport
pilot practical test will be included at the airline transport pilot
certification level, provided the applicant passes the practical test
in the same category and class of aircraft for which the applicant
holds the type rating(s).
(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,
part 135, or subpart K of part 91. (1) Successful completion of any of
the following checks satisfies the flight proficiency requirements of
this section for the issuance of an airline transport pilot certificate
and/or the appropriate aircraft rating:
(i) A proficiency check under Sec. 121.441 of this chapter.
(ii) Both a competency check under Sec. 135.293(a)(2) and Sec.
135.293(b) of this chapter and pilot-in-command instrument proficiency
check under Sec. 135.297 of this chapter.
(iii) Both a competency check under Sec. 91.1065 of this chapter
and a pilot-in-command instrument proficiency check under Sec. 91.1069
of this chapter.
(2) The checks specified in paragraph (f)(1) of this section must
be conducted by one of the following:
(i) An FAA Aviation Safety Inspector.
(ii) An Aircrew Program Designee who is authorized to perform
proficiency checks for the air carrier whose approved training program
has been satisfactorily completed by the pilot applicant.
(iii) A Training Center Evaluator who is also authorized to perform
the portions of the competency and proficiency checks required by
paragraph (f)(1) of this section for the air carrier whose approved
training program has been satisfactorily completed by the pilot
applicant.
(g) Aircraft not capable of instrument maneuvers and procedures. An
applicant may add a type rating to an airline transport pilot
certificate with an aircraft that is not capable of the instrument
maneuvers and procedures required on the practical test under the
following circumstances--
(1) The rating is limited to ``VFR only.''
(2) The type rating is added to an airline transport pilot
certificate that has instrument privileges in that category and class
of aircraft.
(3) The ``VFR only'' limitation may be removed for that aircraft
type after the applicant:
(i) Passes a practical test in that type of aircraft on the
appropriate instrument maneuvers and procedures in Sec. 61.157; or
(ii) Becomes qualified in Sec. 61.73(d) for that type of aircraft.
(h) Multiengine airplane with a single-pilot station. An applicant
for a type rating, at the ATP certification level, in a multiengine
airplane with a single-pilot station must perform the practical test in
the multi-seat version of that airplane. The practical test may be
performed in the single-seat version of that airplane if the Examiner
is in a position to observe the applicant during the practical test in
the case where there
[[Page 42561]]
is no multi-seat version of that multiengine airplane.
(i) Single engine airplane with a single-pilot station. An
applicant for a type rating, at the ATP certification level, in a
single engine airplane with a single-pilot station must perform the
practical test in the multi-seat version of that single engine
airplane. The practical test may be performed in the single-seat
version of that airplane if the Examiner is in a position to observe
the applicant during the practical test in the case where there is no
multi-seat version of that single engine airplane.
(j) Waiver authority. An Examiner who conducts a practical test may
waive any task for which the FAA has provided waiver authority.
0
37. Amend Sec. 61.159 by adding a new paragraph (c)(3); and revising
paragraphs (d) and (e) to read as follows:
Sec. 61.159 Aeronautical experience: Airplane category rating.
* * * * *
(c) * * *
(3) Flight-engineer time, provided the flight time--
(i) Is acquired as a U.S. Armed Forces' flight engineer crewmember
in an airplane that requires a flight engineer crewmember by the flight
manual;
(ii) Is acquired while the person is participating in a flight
engineer crewmember training program for the U.S. Armed Forces; and
(iii) Does not exceed 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 is issued an airline transport pilot certificate
with the limitation, ``Holder does not meet the pilot in command
aeronautical experience requirements of ICAO,'' as prescribed under
Article 39 of the Convention on International Civil Aviation, if the
applicant does not meet the ICAO requirements contained in Annex 1
``Personnel Licensing'' to the Convention on International Civil
Aviation, but otherwise meets the aeronautical experience requirements
of this section.
(e) An applicant is entitled to an airline transport pilot
certificate without the ICAO limitation specified under paragraph (d)
of this section when the applicant presents satisfactory evidence of
having met the ICAO requirements under paragraph (d) of this section
and otherwise meets the aeronautical experience requirements of this
section.
0
38. Amend Sec. 61.167 by revising paragraphs (a) and (b)(3) to read as
follows:
Sec. 61.167 Privileges.
(a) A person who holds an airline transport pilot certificate is
entitled to the same privileges as a person who holds a commercial
pilot certificate with an instrument rating.
(b) * * *
(3) Only as provided in this section, except that an airline
transport pilot who also holds a flight instructor certificate can
exercise the instructor privileges under subpart H of this part for
which he or she is rated; and
* * * * *
0
39. Amend Sec. 61.183 by revising paragraph (e)(2) to read as follows:
Sec. 61.183 Eligibility requirements.
* * * * *
(e) * * *
(2) Holds a 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
* * * * *
0
40. Amend Sec. 61.187 by revising paragraph (b)(6)(vii) to read as
follows:
Sec. 61.187 Flight proficiency.
* * * * *
(b) * * *
(6) * * *
(vii) Launches and landings;
* * * * *
0
41. Amend Sec. 61.193 by revising the introductory text to read as
follows:
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 to train and issue endorsements that are required for:
* * * * *
0
42. Amend Sec. 61.195 by revising paragraphs (b), (c), (d)(3)
introductory text, (h)(1)(i), (h)(1)(ii), and (h)(3) introductory text,
and adding a new paragraph (k) to read as follows:
Sec. 61.195 Flight instructor limitations and qualifications.
* * * * *
(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
training for the issuance of an instrument rating, a type rating not
limited to VFR, or the instrument training required for commercial
pilot and airline transport pilot certificates must hold an instrument
rating on his or her pilot certificate and flight instructor
certificate that is appropriate to the category and class of aircraft
used for the training provided.
(d) * * *
(3) Student pilot's logbook for solo flight in a Class B airspace
area or at an airport within Class B airspace unless that flight
instructor has--
* * * * *
(h) * * *
(1) * * *
(i) Holds a ground or flight instructor certificate with the
appropriate rating, has held that certificate for at least 24 calendar
months, and has given at least 40 hours of ground training; or
(ii) Holds a ground or flight instructor certificate with the
appropriate rating, and has given at least 100 hours of ground training
in an FAA-approved course.
* * * * *
(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 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--
* * * * *
(k) Training for night vision goggle operations. A flight
instructor may not conduct training for night vision goggle operations
unless the flight instructor:
(1) Has a pilot and flight instructor certificate with the
applicable category and class rating for the training;
(2) If appropriate, has a type rating on his or her pilot
certificate for the aircraft;
(3) Is pilot in command qualified for night vision goggle
operations, in accordance with Sec. 61.31(k);
(4) Has logged 100 night vision goggle operations as the sole
manipulator of the controls;
(5) Has logged 20 night vision goggle operations as the sole
manipulator of the controls in the category and class, and type of
aircraft, if aircraft class and type is appropriate, that the training
will be given in;
(6) Is qualified to act as pilot in command in night vision goggle
operations under Sec. 61.57(f) or (g); and
(7) Has a logbook endorsement from an FAA Aviation Safety Inspector
or a person who is authorized by the FAA to provide that logbook
endorsement that states the flight instructor is authorized
[[Page 42562]]
to perform the night vision goggle pilot in command qualification and
recent flight experience requirements under Sec. 61.31(k) and Sec.
61.57(f) and (g).
0
43. Amend Sec. 61.197 by revising the section heading, paragraph (a)
introductory text and paragraph (a)(2) to read as follows:
Sec. 61.197 Renewal requirements for flight instructor certification.
(a) A person who holds a flight instructor certificate that has not
expired may renew that flight instructor certificate by--
* * * * *
(2) Submitting a completed and signed application with the FAA and
satisfactorily completing one of the following renewal requirements--
(i) A record of training students showing that, during the
preceding 24 calendar months, the flight instructor has endorsed at
least 5 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 showing 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.
(iii) A graduation certificate showing that, within the preceding 3
calendar months, the person has successfully completed an approved
flight instructor refresher course consisting of ground training or
flight training, or a combination of both.
(iv) A record showing that, within the preceding 12 months from the
month of application, the flight instructor passed an official U.S.
Armed Forces military instructor pilot proficiency check.
* * * * *
0
44. Amend Sec. 61.199 by revising the section heading and paragraph
(a) to read as follows:
Sec. 61.199 Reinstatement requirements of an expired flight
instructor certificate.
(a) Flight instructor certificates. The holder of an expired flight
instructor certificate who has not complied with the flight instructor
renewal requirements of Sec. 61.197 may reinstate that flight
instructor certificate and ratings by filing a completed and signed
application with the FAA and satisfactorily completing one of the
following reinstatement requirements:
(1) A flight instructor certification practical test, as prescribed
by Sec. 61.183(h), for one of the ratings held on the expired flight
instructor certificate.
(2) A flight instructor certification practical test for an
additional rating.
* * * * *
0
45. Amend Sec. 61.213 by revising paragraph (b)(2) to read as follows:
Sec. 61.213 Eligibility requirements.
* * * * *
(b) * * *
(2) Holds a 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
* * * * *
0
46. Amend Sec. 61.215 by revising paragraphs (b)(1), (2), and (3) to
read as follows:
Sec. 61.215 Ground instructor privileges.
* * * * *
(b) * * *
(1) Ground training on the aeronautical knowledge areas required
for the issuance of any certificate or rating under this part except
for the aeronautical knowledge areas required for an instrument rating.
(2) The ground training required for any flight review except for
the training required for an instrument rating.
(3) A recommendation for a knowledge test required for the issuance
of any certificate or rating under this part except for an instrument
rating.
* * * * *
0
47. Revise Sec. 61.217 to read as follows:
Sec. 61.217 Recent experience requirements.
The holder of a ground instructor certificate may not perform the
duties of a ground instructor unless the person can show that one of
the following occurred during the preceding 12 calendar months:
(a) Employment or activity as a ground instructor giving pilot,
flight instructor, or ground instructor training;
(b) Employment or activity as a flight instructor giving pilot,
flight instructor, or ground instructor ground or flight training;
(c) Completion of an approved flight instructor refresher course
and receipt of a graduation certificate for that course; or
(d) An endorsement from an authorized instructor certifying that
the person has demonstrated knowledge in the subject areas prescribed
under Sec. 61.213(a)(3) and (a)(4), as appropriate.
0
48. Amend Sec. 61.303 by revising paragraph (a) introductory text and
paragraph (b) introductory text to read as follows:
Sec. 61.303 If I want to operate a light-sport aircraft, what
operating limits and endorsement requirements in this subpart must I
comply with?
(a) Use the following table to determine what operating limits and
endorsement requirements in this subpart, if any, apply to you when you
operate a light-sport aircraft. The medical certificate specified in
this table must be in compliance with Sec. 61.2 in regards to currency
and validity. If you hold a recreational pilot certificate, but not a
medical certificate, you must comply with cross country requirements in
Sec. 61.101 (c), even if your flight does not exceed 50 nautical miles
from your departure airport. You must also comply with requirements in
other subparts of this part that apply to your certificate and the
operation you conduct.
* * * * *
(b) A person using a U.S. driver's license to meet the requirements
of this paragraph must--
* * * * *
0
49. Amend Sec. 61.403 by revising paragraph (c) to read as follows:
Sec. 61.403 What are the age, language, and pilot certificate
requirements for a flight instructor certificate with a sport pilot
rating?
* * * * *
(c) Hold at least a sport pilot certificate with category and class
ratings or privileges, as applicable, that are appropriate to the
flight instructor privileges sought.
0
50. Amend Sec. 61.407 by revising paragraph (c)(2) to read as follows:
Sec. 61.407 What aeronautical knowledge must I have to apply for a
flight instructor certificate with a sport pilot rating?
* * * * *
(c) * * *
(2) Hold a teacher's certificate issued by a State, county, city,
or municipality; or
* * * * *
0
51. Amend Sec. 61.429 by revising the introductory text to read as
follows:
Sec. 61.429 May I exercise the privileges of a flight instructor
certificate with a sport pilot rating if I hold a flight instructor
certificate with another rating?
If you hold a flight instructor certificate, a commercial pilot
certificate with an airship rating, or a commercial pilot certificate
with a balloon rating issued under this part, and you seek to exercise
the privileges of a flight instructor certificate with a sport pilot
rating, you may do so without any further showing of proficiency,
subject to the following limits:
* * * * *
[[Page 42563]]
0
52. Amend Sec. 61.431 by revising paragraph (a) to read as follows:
Sec. 61.431 Are there special provisions for obtaining a flight
instructor certificate with a sport pilot rating for persons who are
registered ultralight instructors with an FAA-recognized ultralight
organization?
* * * * *
(a) You must hold either a sport pilot certificate or recreational
pilot certificate and meet the requirements Sec. 61.101(c), or hold at
least a private pilot certificate issued under this part.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
53. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 stat. 1180).
0
54. Amend Sec. 91.205 by redesignating existing paragraph (h) as
paragraph (i); and adding a new paragraph (h) to read as follows:
Sec. 91.205 Powered civil aircraft with standard category U.S.
airworthiness certificates; Instrument and equipment requirements.
* * * * *
(h) Night vision goggle operations. For night vision goggle
operations, the following instruments and equipment must be installed
in the aircraft, functioning in a normal manner, and approved for use
by the FAA:
(1) Instruments and equipment specified in paragraph (b) of this
section, instruments and equipment specified in paragraph (c) of this
section;
(2) Night vision goggles;
(3) Interior and exterior aircraft lighting system required for
night vision goggle operations;
(4) Two-way radio communications system;
(5) Gyroscopic pitch and bank indicator (artificial horizon);
(6) Generator or alternator of adequate capacity for the required
instruments and equipment; and
(7) Radar altimeter.
* * * * *
PART 141--PILOT SCHOOLS
0
55. The authority citation for 14 CFR part 141 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709,
44711, 45102-45103, 45301-45302.
0
56. Revise Sec. 141.5 to read as follows:
Sec. 141.5 Requirements for a pilot school certificate.
The FAA may issue a pilot school certificate with the appropriate
ratings if, within the 24 calendar months before the date application
is made, the applicant--
(a) Completes the application for a pilot school certificate on the
form and in the manner prescribed by the FAA;
(b) Has held a provisional pilot school certificate;
(c) Meets the applicable requirements under subparts A through C of
this part for the school certificate and associated ratings sought;
(d) Has trained and recommended at least 10 different people for a
knowledge test or a practical test, or any combination thereof, and at
least 80 percent of those persons passed their tests on the first
attempt; and
(e) Has graduated at least 10 different people from the school's
approved training courses.
0
57. Revise Sec. 141.9 to read as follows:
Sec. 141.9 Examining authority.
The FAA issues examining authority to a pilot school for a training
course if the pilot school and its training course meet the
requirements of subpart D of this part.
0
58. Amend Sec. 141.33 by revising paragraph (d)(2) to read as follows:
Sec. 141.33 Personnel.
* * * * *
(d) * * *
(2) The school has an enrollment of at least 10 students at the
time designation is sought.
* * * * *
0
59. Revise Sec. 141.39 to read as follows:
Sec. 141.39 Aircraft.
(a) When the school's training facility is located within the U.S.,
an applicant for a pilot school certificate or provisional pilot school
certificate must show that each aircraft used by the school for flight
training and solo flights:
(1) Is a civil aircraft of the United States;
(2) Is certificated with a standard or primary airworthiness
certificate, unless the FAA determines otherwise because of the nature
of the approved course;
(3) Is maintained and inspected in accordance with the requirements
for aircraft operated for hire under part 91, subpart E, of this
chapter;
(4) Has two pilot stations with engine-power controls that can be
easily reached and operated in a normal manner from both pilot stations
(for flight training); and
(5) Is equipped and maintained for IFR operations if used in a
course involving IFR en route operations and instrument approaches. 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.
(b) When the school's training facility is located outside the U.S.
and the training will be conducted outside the U.S., an applicant for a
pilot school certificate or provisional pilot school certificate must
show that each aircraft used by the school for flight training and solo
flights:
(1) Is either a civil aircraft of the United States or a civil
aircraft of foreign registry;
(2) Is certificated with a standard or primary airworthiness
certificate or an equivalent certification from the foreign aviation
authority;
(3) Is maintained and inspected in accordance with the requirements
for aircraft operated for hire under part 91, subpart E of this
chapter, or in accordance with equivalent maintenance and inspection
from the foreign aviation authority's requirements;
(4) Has two pilot stations with engine-power controls that can be
easily reached and operated in a normal manner from both pilot stations
(for flight training); and
(5) Is equipped and maintained for IFR operations if used in a
course involving IFR en route operations and instrument approaches. 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.
0
60. Amend Sec. 141.53 by revising paragraph (c) to read as follows:
Sec. 141.53 Approval procedures for a training course: General.
* * * * *
(c) Training courses. An applicant for a pilot school certificate
or provisional pilot school certificate may request approval for the
training courses specified under Sec. 141.11(b).
0
61. Amend Sec. 141.55 by revising paragraphs (d) introductory text,
(e) introductory text, and (e)(2)(ii) introductory text to read as
follows:
Sec. 141.55 Training course: Contents.
* * * * *
(d) A pilot school may request and receive initial approval for a
period of not more than 24 calendar months for any training course
under this part that does not meet the minimum ground and
[[Page 42564]]
flight training time requirements, provided the following provisions
are met:
* * * * *
(e) A pilot school may request and receive final approval for any
training course under this part that does not meet the minimum ground
and flight training time requirements, provided the following
conditions are met:
* * * * *
(2) * * *
(ii) At least 80 percent of those students passed the practical or
knowledge test, as appropriate, on the first attempt, and that test was
given by--
* * * * *
0
62. Amend Sec. 141.77 by revising paragraph (c) to read as follows:
Sec. 141.77 Limitations.
* * * * *
(c) A student may be given credit towards the curriculum
requirements of a course for previous training under the following
conditions:
(1) If the student completed a proficiency test and knowledge test
that was conducted by the receiving pilot school and the previous
training was based on a part 141- or a part 142-approved flight
training course, the credit is limited to not more than 50 percent of
the flight training requirements of the curriculum.
(2) If the student completed a knowledge test that was conducted by
the receiving pilot school and the previous training was based on a
part 141- or a part 142-approved aeronautical knowledge training
course, the credit is limited to not more than 50 percent of the
aeronautical knowledge training requirements of the curriculum.
(3) If the student completed a proficiency test and knowledge test
that was conducted by the receiving pilot school and the training was
received from other than a part 141- or a part 142-approved flight
training course, the credit is limited to not more than 25 percent of
the flight training requirements of the curriculum.
(4) If the student completed a knowledge test that was conducted by
the receiving pilot school and the previous training was received from
other than a part 141- or a part 142-approved aeronautical knowledge
training course, the credit is limited to not more than 25 percent of
the aeronautical knowledge training requirements of the curriculum.
(5) Completion of previous training must be certified in the
student's training record by the training provider or a management
official within the training provider's organization, and must
contain--
(i) The kind and amount of training provided; and
(ii) The result of each stage check and end-of-course test, if
appropriate.
0
63. Amend Sec. 141.85 by revising paragraphs (a) introductory text and
(a)(1) to read as follows:
Sec. 141.85 Chief instructor responsibilities.
(a) A chief instructor designated for a pilot school or provisional
pilot school is responsible for:
(1) Certifying each student's training record, graduation
certificate, stage check and end-of-course test reports, and
recommendation for course completion, unless the duties are delegated
by the chief instructor to an assistant chief instructor or
recommending instructor;
* * * * *
0
64. Amend appendix B to part 141 by revising paragraph 2; paragraphs
4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); and 5.(a)(1),
5.(b)(1), 5.(c)(1), 5.(d)(1), and 5.(e)(1) to read as follows:
Appendix B to Part 141--Private Pilot Certification Course
* * * * *
2. Eligibility for enrollment. A person must hold either a
recreational pilot certificate, sport pilot certificate, or student
pilot certificate before enrolling in the solo flight phase of the
private pilot certification course.
* * * * *
4. * * *
(b) * * *
(1) * * *
(iii) Three hours of flight training in a single engine airplane
on the control and maneuvering of a single engine airplane solely by
reference to instruments, including straight and level flight,
constant airspeed climbs and descents, turns to a heading, recovery
from unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
* * * * *
(2) * * *
(iii) Three hours of flight training in a multiengine airplane
on the control and maneuvering of a multiengine airplane solely by
reference to instruments, including straight and level flight,
constant airspeed climbs and descents, turns to a heading, recovery
from unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
* * * * *
(5) * * *
(iii) Three hours of flight training in a powered-lift on the
control and maneuvering of a powered-lift solely by reference to
instruments, including straight and level flight, constant airspeed
climbs and descents, turns to a heading, recovery from unusual
flight attitudes, radio communications, and the use of navigation
systems/facilities and radar services appropriate to instrument
flight; and
* * * * *
5. * * *
(a) * * *
(1) One solo 100 nautical miles cross country flight with
landings at a minimum of three points and one segment of the flight
consisting of a straight-line distance of more than 50 nautical
miles between the takeoff and landing locations; and
* * * * *
(b) * * *
(1) One 100 nautical miles cross country flight with landings at
a minimum of three points and one segment of the flight consisting
of a straight-line distance of more than 50 nautical miles between
the takeoff and landing locations; and
* * * * *
(c) * * *
(1) One solo 100 nautical miles cross country flight with
landings at a minimum of three points and one segment of the flight
consisting of a straight-line distance of more than 25 nautical
miles between the takeoff and landing locations; and
* * * * *
(d) * * *
(1) One solo 100 nautical miles cross country flight with
landings at a minimum of three points and one segment of the flight
consisting of a straight-line distance of more than 25 nautical
miles between the takeoff and landing locations; and
* * * * *
(e) * * *
(1) One solo 100 nautical miles cross country flight with
landings at a minimum of three points and one segment of the flight
consisting of a straight-line distance of more than 50 nautical
miles between the takeoff and landing locations; and
* * * * *
0
65. Amend appendix C to part 141 by revising paragraphs 4.(b)(2)
through 4.(b)(4); adding new paragraphs 4.(b)(5) and (6); and revising
the introductory text of paragraph 4.(d) to read as follows:
Appendix C to Part 141--Instrument Rating Course
* * * * *
4. * * *
(b) * * *
(2) Credit for training in a flight simulator that meets the
requirements of Sec. 141.41(a) cannot exceed 50 percent of the
total flight training hour requirements of the course or of this
section, whichever is less.
(3) Credit for training in a flight training device that meets
the requirements of Sec. 141.41(b) cannot exceed 40 percent of the
total flight training hour requirements of the course or of this
section, whichever is less.
(4) Credit for training in flight simulators and flight training
devices, if used in combination, cannot exceed 50 percent of the
total flight training hour requirements of the course or of this
section, whichever is less. However, credit for training in a flight
[[Page 42565]]
training device cannot exceed the limitation provided for in
paragraph (b)(3) of this section.
(5) Credit for training in an approved aviation training device
cannot exceed 10 percent of the total flight training hour
requirements of the course or of this section, whichever is less.
(6) Credit for training in flight simulators, flight training
devices, and aviation training devices, if used in combination,
cannot exceed 50 percent of the total flight training hour
requirements of the course or of this section, whichever is less.
However, credit for training in an aviation training device cannot
exceed the limitation provided under paragraph (b)(5) of this
section.
* * * * *
(d) Each course must include flight training on the areas of
operation listed under this paragraph appropriate to the instrument
aircraft category and class rating (if a class rating is
appropriate) for which the course applies:
* * * * *
0
66. Amend appendix D to part 141 by:
0
a. Revising paragraphs 4.(b)(1)(i) through (iv);
0
b. Revising paragraphs 4.(b)(2)(i), (iii), and (iv);
0
c. Revising paragraphs 4.(b)(3)(i) through (iii);
0
d. Revising paragraphs 4.(b)(4)(i) through (iii), 4.(b)(5)(i) through
(iii);
0
e. Revising paragraphs 4.(b)(7)(i) through (iii);
0
f. Redesignating paragraphs 4.(d)(4)(vi) through (ix) as 4.(d)(4)(vii)
through (x);
0
g. Adding a new paragraph 4.(d)(4)(vi); and
0
h. Revising the introductory text of paragraphs 5.(a), (b), (c), (d),
and (e).
The revisions and addtion read as follows:
Appendix D to Part 141--Commercial Pilot Certification Course
* * * * *
4. * * *
(b) * * *
(1) * * *
(i) Ten hours of instrument training using a view-limiting
device including attitude instrument flying, partial panel skills,
recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. Five hours of the 10 hours required
on instrument training must be in a single engine airplane;
(ii) Ten hours of training in an airplane that has a retractable
landing gear, flaps, and a controllable pitch propeller, or is
turbine-powered;
(iii) One 2-hour cross country flight in daytime conditions in a
single engine airplane that consists of a total straight-line
distance of more than 100 nautical miles from the original point of
departure;
(iv) One 2-hour cross country flight in nighttime conditions in
a single engine airplane that consists of a total straight-line
distance of more than 100 nautical miles from the original point of
departure; and
* * * * *
(2) * * *
(i) Ten hours of instrument training using a view-limiting
device including attitude instrument flying, partial panel skills,
recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. Five hours of the 10 hours required
on instrument training must be in a multiengine airplane;
* * * * *
(iii) One 2-hour cross country flight in daytime conditions in a
multiengine airplane that consists of a total straight-line distance
of more than 100 nautical miles from the original point of
departure;
(iv) One 2-hour cross country flight in nighttime conditions in
a multiengine airplane that consists of a total straight-line
distance of more than 100 nautical miles from the original point of
departure; and
* * * * *
(3) * * *
(i) Five hours on the control and maneuvering of a helicopter
solely by reference to instruments, including using a view-limiting
device for attitude instrument flying, partial panel skills,
recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device;
(ii) One 2-hour cross country flight in daytime conditions in a
helicopter that consists of a total straight-line distance of more
than 50 nautical miles from the original point of departure;
(iii) One 2-hour cross country flight in nighttime conditions in
a helicopter that consists of a total straight-line distance of more
than 50 nautical miles from the original point of departure; and
* * * * *
(4) * * *
(i) 2.5 hours on the control and maneuvering of a gyroplane
solely by reference to instruments, including using a view-limiting
device for attitude instrument flying, partial panel skills,
recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device;
(ii) One 2-hour cross country flight in daytime conditions in a
gyroplane that consists of a total straight-line distance of more
than 50 nautical miles from the original point of departure;
(iii) Two hours of flight training in nighttime conditions in a
gyroplane at an airport, that includes 10 takeoffs and 10 landings
to a full stop (with each landing involving a flight in the traffic
pattern); and
* * * * *
(5) * * *
(i) Ten hours of instrument training using a view-limiting
device including attitude instrument flying, partial panel skills,
recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. Five hours of the 10 hours required
on instrument training must be in a powered-lift;
(ii) One 2-hour cross country flight in daytime conditions in a
powered-lift that consists of a total straight-line distance of more
than 100 nautical miles from the original point of departure;
(iii) One 2-hour cross country flight in nighttime conditions in
a powered-lift that consists of a total straight-line distance of
more than 100 nautical miles from the original point of departure;
and
* * * * *
(7) * * *
(i) Three hours of instrument training in an airship, including
using a view-limiting device for attitude instrument flying, partial
panel skills, recovery from unusual flight attitudes, and
intercepting and tracking navigational systems;
(ii) One hour cross country flight in daytime conditions in an
airship that consists of a total straight-line distance of more than
25 nautical miles from the original point of departure;
(iii) One hour cross country flight in nighttime conditions in
an airship that consists of a total straight-line distance of more
than 25 nautical miles from the original point of departure; and
* * * * *
(d) * * *
(4) * * *
(vi) Ground reference maneuvers;
* * * * *
5. * * *
(a) For an airplane single engine course. Ten hours of solo
flight time in a single engine airplane, or 10 hours of flight time
while performing the duties of pilot in command in a single engine
airplane with an authorized instructor on board. The training must
consist of the approved areas of operation under paragraph (d)(1) of
section 4 of this appendix, and include--
* * * * *
(b) For an airplane multiengine course. Ten hours of solo flight
time in a multiengine airplane, or 10 hours of flight time while
performing the duties of pilot in command in a multiengine airplane
with an authorized instructor on board. The training must consist of
the approved areas of operation under paragraph (d)(2) of section 4
of this appendix, and include--
* * * * *
(c) For a rotorcraft helicopter course. Ten hours of solo flight
time in a helicopter, or 10 hours of flight time while performing
the duties of pilot in command in a helicopter with an authorized
instructor on board. The training must consist of the approved areas
of operation under paragraph (d)(3) of section 4 of this appendix,
and include--
* * * * *
(d) For a rotorcraft-gyroplane course. Ten hours of solo flight
time in a gyroplane, or 10 hours of flight time while performing the
duties of pilot in command in a gyroplane with an authorized
instructor on board. The training must consist of the approved areas
of operation under paragraph (d)(4) of section 4 of this appendix,
and include--
* * * * *
[[Page 42566]]
(e) For a powered-lift course. Ten hours of solo flight time in
a powered-lift, or 10 hours of flight time while performing the
duties of pilot in command in a powered-lift with an authorized
instructor on board. The training must consist of the approved areas
of operation under paragraph (d)(5) of section No. 4 of this
appendix, and include--
* * * * *
0
67. Amend appendix E to part 141 by:
0
a. Revising the introductory text of paragraph 2;
0
b. Removing paragraph 2.(a);
0
c. Redesignating paragraph 2.(b) as new paragraph (a);
0
d. Revising newly re-designated paragraph 2.(a); and
0
e. Redesignating existing paragraphs 2.(c) and (d) as paragraph 2(b)
and (c).
The revisions read as follows:
Appendix E to Part 141--Airline Transport Pilot Certification Course
* * * * *
2. Eligibility for enrollment. Before completing the flight
portion of the airline transport pilot certification course, a
person must meet the aeronautical experience requirements for an
airline transport pilot certificate under part 61, subpart G of this
chapter that is appropriate to the aircraft category and class
rating for which the course applies, and:
(a) Hold a commercial pilot certificate and an instrument
rating, or an airline transport pilot certificate with instrument
privileges;
* * * * *
0
68. Amend appendix I to part 141 by revising the appendix heading; and
revising paragraphs 3 and 4 to read as follows:
Appendix I to Part 141--Additional Aircraft Category and/or Class
Rating Course
* * * * *
3. Aeronautical knowledge training.
(a) For a recreational pilot certificate, the following
aeronautical knowledge areas must be included in a 10-hour ground
training course for an additional aircraft category and/or class
rating:
(1) Applicable regulations issued by the Federal Aviation
Administration for recreational pilot privileges, limitations, and
flight operations;
(2) Safe and efficient operation of aircraft, including
collision avoidance, and recognition and avoidance of wake
turbulence;
(3) Effects of density altitude on takeoff and climb
performance;
(4) Weight and balance computations;
(5) Principles of aerodynamics, powerplants, and aircraft
systems;
(6) Stall awareness, spin entry, spins, and spin recovery
techniques if applying for an airplane single engine rating; and
(7) Preflight action that includes 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.
(b) For a private pilot certificate, the following aeronautical
knowledge areas must be included in a 10-hour ground training course
for an additional class rating or a 15-hour ground training course
for an additional aircraft category and class rating:
(1) Applicable regulations issued by the Federal Aviation
Administration for private pilot privileges, limitations, and flight
operations;
(2) Safe and efficient operation of aircraft, including
collision avoidance, and recognition and avoidance of wake
turbulence;
(3) Effects of density altitude on takeoff and climb
performance;
(4) Weight and balance computations;
(5) Principles of aerodynamics, powerplants, and aircraft
systems;
(6) Stall awareness, spin entry, spins, and spin recovery
techniques if applying for an airplane single engine rating; and
(7) Preflight action that includes 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.
(c) For a commercial pilot certificate, the following
aeronautical knowledge areas must be included in a 15-hour ground
training course for an additional class rating or a 20-hour ground
training course for an additional aircraft category and class
rating:
(1) Applicable regulations issued by the Federal Aviation
Administration for commercial pilot privileges, limitations, and
flight operations;
(2) Basic aerodynamics and the principles of flight;
(3) Safe and efficient operation of aircraft;
(4) Weight and balance computations;
(5) Use of performance charts;
(6) Significance and effects of exceeding aircraft performance
limitations;
(7) Principles and functions of aircraft systems;
(8) Maneuvers, procedures, and emergency operations appropriate
to the aircraft;
(9) Nighttime and high-altitude operations; and
(10) Procedures for flight and ground training for lighter-than-
air ratings.
(d) For an airline transport pilot certificate, the following
aeronautical knowledge areas must be included in a 25-hour ground
training course for an additional aircraft category and/or class
rating:
(1) Applicable regulations issued by the Federal Aviation
Administration for airline transport pilot privileges, limitations,
and flight operations;
(2) Meteorology, including knowledge 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 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) Course for an additional airplane category and single engine
class rating.
(1) For the recreational pilot certificate, the course must
include 15 hours of flight training on the areas of operations under
part 141, appendix A, paragraph 4(c)(1) that include--
(i) Two hours of flight training to an airport and at an airport
that is located more than 25 nautical miles from the airport where
the applicant normally trains, with three takeoffs and three
landings, except as provided under Sec. 61.100 of this chapter; and
(ii) Three hours of flight training in an aircraft with the
airplane category and single engine class within 2 calendar months
before the date of the practical test.
(2) For the private pilot certificate, the course must include
20 hours of flight training on the areas of operations under part
141, appendix B, paragraph 4(d)(1). A flight simulator and flight
training device cannot be used to meet more than 4 hours of the
training requirements, and the use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country training in a single engine
airplane, except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a single engine
airplane that includes one cross country flight of more than 100
nautical miles total distance, and 10 takeoffs and 10 landings to a
full stop (with each landing involving a flight in the traffic
pattern) at an airport;
(iii) Three hours of flight training in a single engine airplane
on the control and maneuvering of the airplane solely by reference
to instruments, including straight and level flight, constant
airspeed climbs and descents, turns to a heading, recovery from
unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
(iv) Three hours of flight training in a single engine airplane
within 2 calendar months before the date of the practical test.
(3) For the commercial pilot certificate, the course must
include 55 hours of flight training on the areas of operations under
part 141, appendix D, paragraph 4(d)(1). A flight simulator and
flight training device cannot be
[[Page 42567]]
used to meet more than 16.5 hours of the training requirements, and
the use of the flight training device is limited to 11 hours of the
16.5 hours permitted. The course must include--
(i) Five hours of instrument training in a single engine
airplane that includes training using a view-limiting device on
attitude instrument flying, partial panel skills, recovery from
unusual flight attitudes, and intercepting and tracking navigational
systems;
(ii) Ten hours of training in an airplane that has retractable
landing gear, flaps, and a controllable pitch propeller, or is
turbine-powered;
(iii) One 2-hour cross country flight during daytime conditions
in a single engine airplane, a total straight-line distance of more
than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight during nighttime conditions
in a single engine airplane, a total straight-line distance of more
than 100 nautical miles from the original point of departure; and
(v) Three hours in a single engine airplane within 2 calendar
months before the date of the practical test.
(4) For the airline transport pilot certificate, the course must
include 25 hours flight training, including 15 hours of instrument
training, in a single engine airplane on the areas of operation
under part 141, appendix E, paragraph 4.(c). A flight simulator and
flight training device cannot be used to meet more than 12.5 hours
of the training requirements; and the use of the flight training
device is limited to 6.25 hours of the 12.5 hours permitted.
(b) Course for an additional airplane category and multiengine
class rating.
(1) For the private pilot certificate, the course requires 20
hours flight training on the areas of operations under part 141,
appendix B, paragraph 4.(d)(2). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country training in a multiengine
airplane, except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a multiengine
airplane that includes one cross country flight of more than 100
nautical miles total distance, and 10 takeoffs and 10 landings to a
full stop (with each landing involving a flight in the traffic
pattern) at an airport;
(iii) Three hours of flight training in a multiengine airplane
on the control and maneuvering of a multiengine airplane solely by
reference to instruments, including straight and level flight,
constant airspeed climbs and descents, turns to a heading, recovery
from unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
(iv) Three hours of flight training in a multiengine airplane in
preparation for the practical test within 2 calendar months before
the date of the test.
(2) For the commercial pilot certificate, the course requires 55
hours flight training on the areas of operations under part 141,
appendix D, paragraph 4.(d)(2). A flight simulator and flight
training device cannot be used more than 16.5 hours to meet the
training requirements, and use of the flight training device is
limited to 11 hours of the 16.5 hours permitted. The course must
include--
(i) Five hours of instrument training in a multiengine airplane
including training using a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational
systems;
(ii) Ten hours of training in a multiengine airplane that has
retractable landing gear, flaps, and a controllable pitch propeller,
or is turbine-powered;
(iii) One 2-hour cross country flight during daytime conditions
in a multiengine airplane, and a total straight-line distance of
more than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight during nighttime conditions
in a multiengine airplane, and a total straight-line distance of
more than 100 nautical miles from the original point of departure;
and
(v) Three hours in a multiengine airplane within 2 calendar
months before the date of the practical test.
(3) For the airline transport pilot certificate, the course
requires 25 hours of flight training in a multiengine airplane on
the areas of operation under part 141, appendix E, paragraph 4.(c)
that includes 15 hours of instrument training. A flight simulator
and flight training device cannot be used more than 12.5 hours to
meet the training requirements, and use of the flight training
device is limited to 6.25 hours of the 12.5 hours permitted.
(c) Course for an additional rotorcraft category and helicopter
class rating.
(1) For the recreational pilot certificate, the course requires
15 hours of flight training on the areas of operations under part
141, appendix A, paragraph 4.(c)(2) that includes--
(i) Two hours of flight training to and at an airport that is
located more than 25 nautical miles from the airport where the
applicant normally trains, with three takeoffs and three landings,
except as provided under Sec. 61.100 of this chapter; and
(ii) Three hours of flight training in a rotorcraft category and
a helicopter class aircraft within 2 calendar months before the date
of the practical test.
(2) For the private pilot certificate, the course requires 20
hours flight training on the areas of operations under part 141,
appendix B, paragraph 4.(d)(3). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Except as provided under Sec. 61.111 of this chapter, 3
hours of cross country flight training in a helicopter;
(ii) Three hours of nighttime flight training in a helicopter
that includes one cross country flight of more than 50 nautical
miles total distance, and 10 takeoffs and 10 landings to a full stop
(with each landing involving a flight in the traffic pattern) at an
airport; and
(iii) Three hours of flight training in a helicopter within 2
calendar months before the date of the practical test.
(3) The commercial pilot certificate level requires 30 hours
flight training on the areas of operations under appendix D of part
141, paragraph 4.(d)(3). A flight simulator and flight training
device cannot be used more than 9 hours to meet the training
requirements, and use of the flight training device is limited to 6
hours of the 9 hours permitted. The course must include--
(i) Five hours on the control and maneuvering of a helicopter
solely by reference to instruments, and must include training using
a view-limiting device for attitude instrument flying, partial panel
skills, recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device;
(ii) One 2-hour cross country flight during daytime conditions
in a helicopter, a total straight-line distance of more than 50
nautical miles from the original point of departure;
(iii) One 2-hour cross country flight during nighttime
conditions in a helicopter, a total straight-line distance of more
than 50 nautical miles from the original point of departure; and
(iv) Three hours in a helicopter within 2 calendar months before
the date of the practical test.
(4) For the airline transport pilot certificate, the course
requires 25 hours of flight training, including 15 hours of
instrument training, in a helicopter on the areas of operation under
part 141, appendix E, paragraph 4.(c). A flight simulator and flight
training device cannot be used more than 12.5 hours to meet the
training requirements, and use of the flight training device is
limited to 6.25 hours of the 12.5 hours permitted.
(d) Course for an additional rotorcraft category and a gyroplane
class rating.
(1) For the recreational pilot certificate, the course requires
15 hours flight training on the areas of operations under part 141,
appendix A, paragraph 4.(c)(3) that includes--
(i) Two hours of flight training to and at an airport that is
located more than 25 nautical miles from the airport where the
applicant normally trains, with three takeoffs and three landings,
except as provided under Sec. 61.100 of this chapter; and
(ii) Three hours of flight training in a gyroplane class within
2 calendar months before the date of the practical test.
(2) For the private pilot certificate, the course requires 20
hours flight training on the areas of operations under part 141,
appendix B, paragraph 4.(d)(4). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country flight training in a gyroplane,
except as provided under Sec. 61.111 of this chapter;
[[Page 42568]]
(ii) Three hours of nighttime flight training in a gyroplane
that includes one cross country flight of more than 50 nautical
miles total distance, and 10 takeoffs and 10 landings to a full stop
(with each landing involving a flight in the traffic pattern) at an
airport; and
(iii) Three hours of flight training in a gyroplane within 2
calendar months before the date of the practical test.
(3) For the commercial pilot certificate, the course requires 30
hours flight training on the areas of operations of appendix D to
part 141, paragraph 4.(d)(4). A flight simulator and flight training
device cannot be used more than 6 hours to meet the training
requirements, and use of the flight training device is limited to 6
hours of the 9 hours permitted. The course must include--
(i) 2.5 hours on the control and maneuvering of a gyroplane
solely by reference to instruments, and must include training using
a view-limiting device for attitude instrument flying, partial panel
skills, recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device.
(ii) One 2-hour cross country flight during daytime conditions
in a gyroplane, a total straight-line distance of more than 50
nautical miles from the original point of departure;
(iii) Two hours of flight training during nighttime conditions
in a gyroplane at an airport, that includes 10 takeoffs and 10
landings to a full stop (with each landing involving a flight in the
traffic pattern); and
(iv) Three hours in a gyroplane within 2 calendar months before
the date of the practical test.
(e) Course for an additional lighter-than-air category and
airship class rating.
(1) For the private pilot certificate, the course requires 20
hours of flight training on the areas of operation under part 141,
appendix B, paragraph 4.(d)(7). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country flight training in an airship,
except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in an airship that
includes one cross country flight of more than 25 nautical miles
total distance and 5 takeoffs and 5 landings to a full stop (with
each landing involving a flight in the traffic pattern) at an
airport;
(iii) Three hours of flight training in an airship on the
control and maneuvering of an airship solely by reference to
instruments, including straight and level flight, constant airspeed
climbs and descents, turns to a heading, recovery from unusual
flight attitudes, radio communications, and the use of navigation
systems/facilities and radar services appropriate to instrument
flight; and
(iv) Three hours of flight training in an airship within 2
calendar months before the date of the practical test.
(2) For the commercial pilot certificate, the course requires 55
hours of flight training on the areas of operation under part 141,
appendix D, paragraph 4.(d)(7). A flight simulator and flight
training device cannot be used more than 16.5 hours to meet the
training requirements, and use of the flight training device is
limited to 11 hours of the 16.5 hours permitted. The course must
include--
(i) Three hours of instrument training in an airship that must
include training using a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational
systems;
(ii) One hour cross country flight during daytime conditions in
an airship that consists of, a total straight-line distance of more
than 25 nautical miles from the original point of departure;
(iii) One hour cross country flight during nighttime conditions
in an airship that consists of a total straight-line distance of
more than 25 nautical miles from the original point of departure;
and
(iv) Three hours of flight training in an airship within 2
calendar months before the date of the practical test.
(f) Course for an additional lighter-than-air category and a gas
balloon class rating.
(1) For the private pilot certificate, the course requires eight
hours of flight training that includes 5 training flights on the
areas of operations under part 141, appendix B, paragraph 4(d)(8). A
flight simulator and flight training device cannot be used more than
1.6 hours to meet the training requirements, and use of the flight
training device is limited to 1.2 hours of the 1.6 hours permitted.
The course must include--
(i) Two flights of 1 hour each;
(ii) One flight involving a controlled ascent to 3,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of flight training that includes eight training flights on the
areas of operations under part 141, appendix D, paragraph 4(d)(8). A
flight simulator and flight training device cannot be used more than
3 hours to meet the training requirements, and use of the flight
training device is limited to 2 hours of the 3 hours permitted. The
course must include--
(i) Two flights of 1 hour each;
(ii) One flight involving a controlled ascent to 5,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(g) Course for an additional lighter-than-air category and a hot
air balloon class rating.
(1) For the private pilot certificate, the course requires eight
hours of flight training that includes 5 training flights on the
areas of operations under part 141, appendix B, paragraph 4(d)(8). A
flight simulator and flight training device cannot be used more than
1.6 hours to meet the training requirements, and use of the flight
training device is limited to 1.2 hours of the 1.6 hours permitted.
The course must include--
(i) Two flights of 30 minutes each;
(ii) One flight involving a controlled ascent to 2,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of flight training that includes eight training flights on the
areas of operation under part 141, appendix D, paragraph 4(d)(8). A
flight simulator and flight training device cannot be used more than
3 hours to meet the training requirements, and use of the flight
training device is limited to 2 hours of the 3 hours permitted. The
course must include--
(i) Two flights of 30 minutes each;
(ii) One flight involving a controlled ascent to 3,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(h) Course for an additional powered-lift category rating.
(1) For the private pilot certificate, the course requires 20
hours flight training on the areas of operations under part 141,
appendix B, paragraph 4(d)(5). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country flight training in a powered-
lift except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a powered-lift
that includes one cross-country flight of more than 100 nautical
miles total distance, and 10 takeoffs and 10 landings to a full stop
(with each landing involving a flight in the traffic pattern) at an
airport;
(iii) Three hours of flight training in a powered-lift on the
control and maneuvering of a powered-lift solely by reference to
instruments, including straight and level flight, constant airspeed
climbs and descents, turns to a heading, recovery from unusual
flight attitudes, radio communications, and the use of navigation
systems/facilities and radar services appropriate to instrument
flight;
(iv) Three hours of flight training in a powered-lift within 2
calendar months before the date of the practical test.
(2) For the commercial pilot certificate, the course requires 55
hours flight training on the areas of operations under part 141,
appendix D, paragraph 4(d)(5). A flight simulator and flight
training device cannot be used more than 16.5 hours to meet the
training requirements, and use of the flight training device is
limited to 11 hours of the 16.5 hours permitted. The course
includes--
(i) Five hours of instrument training in a powered-lift that
must include training using a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational
systems;
(ii) One 2-hour cross country flight during daytime conditions
in a powered-lift, a total straight-line distance of more than 100
nautical miles from the original point of departure;
(iii) One 2-hour cross country flight during nighttime
conditions in a powered-lift, a total straight-line distance of more
than 100 nautical miles from the original point of departure; and
(iv) Three hours of flight training in a powered-lift within 2
calendar months before the date of the practical test.
[[Page 42569]]
(3) For the airline transport pilot certificate, the course
requires 25 hours flight training in a powered-lift on the areas of
operation under part 141, appendix E, paragraph 4(c) that includes
15 hours of instrument training. A flight simulator and flight
training device cannot be used more than 12.5 hours to meet the
training requirements, and use of the flight training device is
limited to 6.25 hours of the 12.5 hours permitted.
(i) Course for an additional glider category rating.
(1) For the private pilot certificate, the course requires 4
hours of flight training in a glider on the areas of operations
under part 141, appendix B, paragraph 4(d)(6). A flight simulator
and flight training device cannot be used more than 0.8 hours to
meet the training requirements, and use of the flight training
device is limited to 0.6 hours of the 0.8 hours permitted. The
course must include--
(i) Five training flights in a glider with a certificated flight
instructor on the launch/tow procedures approved for the course and
on the appropriate approved areas of operation listed under appendix
B, paragraph 4(d)(6) of this part; and
(ii) Three training flights in a glider with a certificated
flight instructor within 2 calendar months before the date of the
practical test.
(2) The commercial pilot certificate level requires 4 hours of
flight training in a glider on the areas of operation under part
141, appendix D, paragraph 4.(d)(6). A flight simulator and flight
training device cannot be used more than 0.8 hours to meet the
training requirements, and use of the flight training device is
limited to 0.6 hours of the 0.8 hours permitted. The course must
include--
(j) Course for an airplane additional single engine class
rating.
(1) For the private pilot certificate, the course requires 3
hours of flight training in the areas of operations under part 141,
appendix B, paragraph 4.(d)(1). A flight simulator and flight
training device cannot be used more than 0.6 hours to meet the
training requirements, and use of the flight training device is
limited to 0.4 hours of the 0.6 hours permitted. The course must
include--
(i) Three hours of cross country training in a single engine
airplane, except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a single engine
airplane that includes one cross country flight of more than 100
nautical miles total distance in a single engine airplane and 10
takeoffs and 10 landings to a full stop (with each landing involving
a flight in the traffic pattern) at an airport;
(iii) Three hours of flight training in a single engine airplane
on the control and maneuvering of a single engine airplane solely by
reference to instruments, including straight and level flight,
constant airspeed climbs and descents, turns to a heading, recovery
from unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
(iv) Three hours of flight training in a single engine airplane
within 2 calendar months before the date of the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of flight training on the areas of operations under part 141,
appendix D, paragraph 4.(d)(1).
(i) Five hours of instrument training in a single engine
airplane that must include training using a view-limiting device for
attitude instrument flying, partial panel skills, recovery from
unusual flight attitudes, and intercepting and tracking navigational
systems.
(ii) Ten hours of flight training in an airplane that has
retractable landing gear, flaps, and a controllable pitch propeller,
or is turbine-powered.
(iii) One 2-hour cross country flight during daytime conditions
in a single engine airplane and a total straight-line distance of
more than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight during nighttime conditions
in a single engine airplane and a total straight-line distance of
more than 100 nautical miles from the original point of departure;
and
(v) Three hours of flight training in a single engine airplane
within 2 calendar months before the date of the practical test.
(3) For the airline transport pilot certificate, the course
requires 25 hours flight training in a single engine airplane on the
areas of operation under appendix E to part 141, paragraph 4.(c),
that includes 15 hours of instrument training. A flight simulator
and flight training device cannot be used more than 12.5 hours to
meet the training requirements, and use of the flight training
device is limited to 6.25 hours of the 12.5 hours permitted.
(k) Course for an airplane additional multiengine class rating.
(1) For the private pilot certificate, the course requires 3
hours of flight training on the areas of operations of appendix B to
part 141, paragraph 4(d)(2). A flight simulator and flight training
device cannot be used more than 0.6 hours to meet the training
requirements, and use of the flight training device is limited to
0.4 hours of the 0.6 hours permitted. The course must include--
(i) Three hours of cross country training in a multiengine
airplane, except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a multiengine
airplane that includes one cross country flight of more than 100
nautical miles total distance in a multiengine airplane, and 10
takeoffs and 10 landings to a full stop (with each landing involving
a flight in the traffic pattern) at an airport;
(iii) Three hours of flight training in a multiengine airplane
on the control and maneuvering of a multiengine airplane solely by
reference to instruments, including straight and level flight,
constant airspeed climbs and descents, turns to a heading, recovery
from unusual flight attitudes, radio communications, and the use of
navigation systems/facilities and radar services appropriate to
instrument flight; and
(iv) Three hours of flight training in a multiengine airplane
within 2 calendar months before the date of the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of training on the areas of operations under appendix D of
part 141, paragraph 4(d)(2). A flight simulator and flight training
device cannot be used more than 3 hours to meet the training
requirements, and use of the flight training device is limited to 2
hours of the 3 hours permitted. The course must include--
(i) Five hours of instrument training in a multiengine airplane
that must include training using a view-limiting device on for
attitude instrument flying, partial panel skills, recovery from
unusual flight attitudes, and intercepting and tracking navigational
systems;
(ii) Ten hours of training in a multiengine airplane that has
retractable landing gear, flaps, and a controllable pitch propeller,
or is turbine-powered;
(iii) One 2-hour cross country flight during daytime conditions
in a multiengine airplane and, a total straight-line distance of
more than 100 nautical miles from the original point of departure;
(iv) One 2-hour cross country flight during nighttime conditions
in a multiengine airplane and, a total straight-line distance of
more than 100 nautical miles from the original point of departure;
and
(iv) Three hours of flight training in a multiengine airplane
within 2 calendar months before the date of the practical test.
(3) For the airline transport pilot certificate, the course
requires 25 hours of training in a multiengine airplane on the areas
of operation of appendix E to part 141, paragraph 4.(c) that
includes 15 hours of instrument training. A flight simulator and
flight training device cannot be used more than 12.5 hours to meet
the training requirements, and use of the flight training device is
limited to 6.25 hours of the 12.5 hours permitted.
(l) Course for a rotorcraft additional helicopter class rating.
(1) For the recreational pilot certificate, the course requires
3 hours of flight training on the areas of operations under appendix
A of part 141, paragraph 4.(c)(2) that includes--
(i) Two hours of flight training to and at an airport that is
located more than 25 nautical miles from the airport where the
applicant normally trains, with three takeoffs and three landings,
except as provided under Sec. 61.100 of this chapter; and
(ii) Three hours of flight training in a helicopter within 2
calendar months before the date of the practical test.
(2) For the private pilot certificate, the course requires 3
hours flight training on the areas of operations under appendix B of
part 141, paragraph 4.(d)(3). A flight simulator and flight training
device cannot be used more than 0.6 hours to meet the training
requirements, and use of the flight training device is limited to
0.4 hours of the 0.6 hours permitted. The course must include--
(i) Three hours of cross country training in a helicopter,
except as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in a helicopter
that includes one cross country flight of more than 50 nautical
miles total distance, and 10 takeoffs and 10 landings to a full stop
(with each landing involving a flight in the traffic pattern) at an
airport; and
(iii) Three hours of flight training in a helicopter within 2
calendar months before the date of the practical test.
[[Page 42570]]
(3) For the commercial pilot certificate, the course requires 5
hours flight training on the areas of operations under appendix D of
part 141, paragraph 4.(d)(3). Use of a flight simulator and flight
training device in the approved training course cannot exceed 1
hour; however, use of the flight training device cannot exceed 0.7
of the one hour. The course must include--
(i) Five hours on the control and maneuvering of a helicopter
solely by reference to instruments, and must include training using
a view-limiting device for attitude instrument flying, partial panel
skills, recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device;
(ii) One 2-hour cross country flight during daytime conditions
in a helicopter and, a total straight-line distance of more than 50
nautical miles from the original point of departure;
(iii) One 2-hour cross country flight during nighttime
conditions in a helicopter and a total straight-line distance of
more than 50 nautical miles from the original point of departure;
and
(iv) Three hours of flight training in a helicopter within 2
calendar months before the date of the practical test.
(4) For the airline transport pilot certificate, the course
requires 25 hours of flight training in a helicopter on the areas of
operation under appendix E of part 141, paragraph 4.(c) that
includes 15 hours of instrument training. A flight simulator and
flight training device cannot be used more than 12.5 hours to meet
the training requirements, and use of the flight training device is
limited to 6.25 hours of the 12.5 hours permitted.
(m) Course for a rotorcraft additional gyroplane class rating.
(1) For the recreational pilot certificate, the course requires
3 hours flight training on the areas of operations of appendix A to
part 141, paragraph 4.(c)(3) that includes--
(i) Except as provided under Sec. 61.100 of this chapter, 2
hours of flight training to and at an airport that is located more
than 25 nautical miles from the airport where the applicant normally
trains, with three takeoffs and three landings; and
(ii) Within 2 calendar months before the date of the practical
test, 3 hours of flight training in a gyroplane.
(2) For the private pilot certificate, the course requires 3
hours flight training on the areas of operations of appendix B to
part 141, paragraph 4.(d)(4). A flight simulator and flight training
device cannot be used more than 0.6 hours to meet the training
requirements, and use of the flight training device is limited to
0.4 hours of the 0.6 hours permitted. The course must include--
(i) Three hours of cross country training in a gyroplane;
(ii) Three hours of nighttime flight training in a gyroplane
that includes one cross country flight of more than 50 nautical
miles total distance, and 10 takeoffs and 10 landings to a full stop
(with each landing involving a flight in the traffic pattern) at an
airport; and
(iii) Three hours of flight training in a gyroplane within 2
calendar months before the date of the practical test.
(3) For the commercial pilot certificate, the course requires 5
hours flight training on the areas of operations of appendix D to
part 141, paragraph 4.(d)(4). A flight simulator and flight training
device cannot be used more than 1 hour to meet the training
requirements, and use of the flight training device is limited to
0.7 hours of the 1 hour permitted. The course must include--
(i) 2.5 hours on the control and maneuvering of a gyroplane
solely by reference to instruments, and must include training using
a view-limiting device for attitude instrument flying, partial panel
skills, recovery from unusual flight attitudes, and intercepting and
tracking navigational systems. This aeronautical experience may be
performed in an aircraft, flight simulator, flight training device,
or an aviation training device.
(ii) Three hours of cross country flight training in a
gyroplane, except as provided under Sec. 61.111 of this chapter;
(iii) Two hours of flight training during nighttime conditions
in a gyroplane at an airport that includes 10 takeoffs and 10
landings to a full stop (with each landing involving a flight in the
traffic pattern); and
(iv) Three hours of flight training in a gyroplane within 2
calendar months before the date of the practical test.
(n) Course for a lighter-than-air additional airship class
rating.
(1) For the private pilot certificate, the course requires 20
hours of flight training on the areas of operation under appendix B
of part 141, paragraph 4.(d)(7). A flight simulator and flight
training device cannot be used more than 4 hours to meet the
training requirements, and use of the flight training device is
limited to 3 hours of the 4 hours permitted. The course must
include--
(i) Three hours of cross country training in an airship, except
as provided under Sec. 61.111 of this chapter;
(ii) Three hours of nighttime flight training in an airship that
includes one cross country flight of more than 25 nautical miles
total distance, and 5 takeoffs and 5 landings to a full stop (with
each landing involving a flight in the traffic pattern) at an
airport;
(iii) Three hours of flight training in an airship on the
control and maneuvering of an airship solely by reference to
instruments, including straight and level flight, constant airspeed
climbs and descents, turns to a heading, recovery from unusual
flight attitudes, radio communications, and the use of navigation
systems/facilities and radar services appropriate to instrument
flight; and
(iv) Three hours of flight training in an airship within 2
calendar months before the date of the practical test.
(2) For the commercial pilot certificate, the course requires 55
hours of flight training on the areas of operation under appendix D
of part 141, paragraph 4.(d)(7). A flight simulator and flight
training device cannot be used more than 16.5 hours to meet the
training requirements, and use of the flight training device is
limited to 11 hours of the 16.5 hours permitted. The course must
include--
(i) Three hours of instrument training in an airship that must
include training using a view-limiting device for attitude
instrument flying, partial panel skills, recovery from unusual
flight attitudes, and intercepting and tracking navigational
systems;
(ii) One hour cross country flight during daytime conditions in
an airship that consists of a total straight-line distance of more
than 25 nautical miles from the original point of departure;
(iii) One hour cross country flight during nighttime conditions
in an airship that consists of a total straight-line distance of
more than 25 nautical miles from the original point of departure;
and
(iv) Three hours of flight training in an airship within 2
calendar months before the date of the practical test.
(o) Course for a lighter-than-air additional gas balloon class
rating.
(1) For the private pilot certificate, the course requires eight
hours of flight training that includes 5 training flights on the
areas of operations under appendix B of part 141, paragraph
4.(d)(8). A flight simulator and flight training device cannot be
used more than 1.6 hours to meet the training requirements, and use
of the flight training device is limited to 1.2 hours of the 1.6
hours permitted. The course must include--
(i) Two flights of 1 hour each;
(ii) One flight involving a controlled ascent to 3,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of flight training that includes eight training flights on the
areas of operations of appendix D to part 141, paragraph 4.(d)(8). A
flight simulator and flight training device cannot be used more than
3 hours to meet the training requirements, and use of the flight
training device is limited to 2 hours of the 3 hours permitted. The
course must include--
(i) Two flights of 1 hour each;
(ii) One flight involving a controlled ascent to 5,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(p) Course for a lighter-than-air additional hot air balloon
class rating.
(1) For the private pilot certificate, the course requires 8
hours of flight training that includes 5 training flights on the
areas of operations of appendix B to part 141, paragraph 4.(d)(8). A
flight simulator and flight training device cannot be used more than
1.6 hours to meet the training requirements, and use of the flight
training device is limited to 1.2 hours of the 1.6 hours permitted.
The course must include--
(i) Two flights of 30 minutes each;
(ii) One flight involving a controlled ascent to 2,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
(2) For the commercial pilot certificate, the course requires 10
hours of flight training that includes eight training flight on the
areas of operation of appendix D to part 141, paragraph 4.(d)(8). A
flight simulator and flight training device cannot be used more than
3 hours to meet the training requirements, and use of the flight
training
[[Page 42571]]
device is limited to 2 hours of the 3 hours permitted. The course
must include--
(i) Two flights of 30 minutes each.
(ii) One flight involving a controlled ascent to 3,000 feet
above the launch site; and
(iii) Two flights within 2 calendar months before the date of
the practical test.
* * * * *
Issued in Washington, DC, on August 5, 2009.
J. Randolph Babbitt,
Administrator.
[FR Doc. E9-19353 Filed 8-20-09; 8:45 am]
BILLING CODE 4910-13-P