[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Proposed Rules]
[Pages 29720-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10168]
[[Page 29719]]
Vol. 81
Thursday,
No. 92
May 12, 2016
Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 63, 91, Et al.
Regulatory Relief: Aviation Training Devices; Pilot Certification,
Training, and Pilot Schools; and Other Provisions; Proposed Rule
Federal Register / Vol. 81 , No. 92 / Thursday, May 12, 2016 /
Proposed Rules
[[Page 29720]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 91, 121, 135, 141
[Docket No.: FAA-2016-6142; Notice No. 16-02]
RIN 2120-AK28
Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This rulemaking would relieve burdens on pilots seeking to
obtain aeronautical experience, training, and certification by
increasing the allowed use of aviation training devices. These training
devices have proven to be an effective, safe, and affordable means of
obtaining pilot experience. This rulemaking also would address changing
technologies by accommodating the use of technically advanced airplanes
as an alternative to the use of older complex single engine airplanes
for the commercial pilot training and testing requirements.
Additionally, this rulemaking would broaden the opportunities for
military instructors to obtain civilian ratings based on military
experience, would expand opportunities for logging pilot time, and
would remove a burden from sport pilot instructors by permitting them
to serve as safety pilots. Finally, this rulemaking would include
changes to some of the provisions established in an August 2009 final
rule. These actions are necessary to bring the regulations in line with
current needs and activities of the general aviation training community
and pilots.
DATES: Send comments on or before August 10, 2016.
ADDRESSES: Send comments identified by docket number FAA-2016-6142
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marcel Bernard, Airmen Certification
and Training Branch, Flight Standards Service, AFS-810, Federal
Aviation Administration, 55 M Street SE., 8th Floor, Washington, DC
20003-3522; telephone (202) 267-1100; email [email protected].
SUPPLEMENTARY INFORMATION:
Contents
List of Abbreviations Frequently Used In This Document
I. Executive Summary
Summary of Proposed Provisions
II. Authority for this Rulemaking
III. Discussion of the Proposed Rule
A. Aviation Training Devices
1. Instructor Requirement When Using a Full Flight Simulator,
Flight Training Device, or Aviation Training Device To Complete
Instrument Recency Experience
2. Instrument Recency Experience Requirements
3. Instrument Recency Experience for SICs Serving in Part 135
Operations
B. Pilot Certification, Training, and Pilot Schools
1. Second In Command Time In Part 135 Operations
2. Completion of Commercial Pilot Training and Testing in
Technically Advanced Airplanes
i. Definition of Technically Advanced Airplane
ii. Amendment to Aeronautical Experience Requirement for
Commercial Pilots
iii. Amendments to Commercial Pilot and Flight Instructor
Practical Test Standards
C. Flight Instructors With Instrument Ratings Only
D. Light-Sport Aircraft Pilots and Flight Instructors
1. Sport Pilot Flight Instructor Training Privilege
2. Credit for Training Obtained as a Sport Pilot
E. Pilot School Use of Special Curricula Courses for Renewal of
Certificate
F. Temporary Validation of Flightcrew Members' Certificates by
Part 119 Certificate Holders Conducting Operations Under Parts 121
or 135
G. Military Competence for Flight Instructors
H. Use of Aircraft Certificated in the Restricted Category for
Pilot Flight Training and Checking
I. Single Pilot Operations of Former Military Airplanes and
Other Airplanes With Special Airworthiness Certificates
J. Technical Correction and Nomenclature Change
IV. Discussion of Proposed Effective Dates for Rule Provisions
V. Advisory Circulars and other Guidance Materials
VI. Section-By-Section Discussion of the Proposed Rule
VII. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility and Cooperation
G. Environmental Analysis
VIII. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, Promoting International Regulatory
Cooperation
IX. Additional Information
A. Comments Invited
B. Availability of Rulemaking Documents
List of Abbreviations Frequently Used in This Document
AATD--Advanced aviation training device
AC--Advisory Circular
ATD--Aviation training device
ATP--Airline transport pilot
BATD--Basic aviation training device
FFS--Full flight simulator
FTD--Flight training device
FSTD--Flight simulation training device
ICAO--International Civil Aviation Organization
IFR--Instrument flight rules
LOA--Letter of authorization
LODA--Letter of deviation authority
MFD--Multi-function display
NPRM--Notice of proposed rulemaking
PFD--Primary flight display
PIC--Pilot in command
SIC--Second in command
TAA--Technically advanced airplane
VFR--Visual flight rules
I. Executive Summary
On January 18, 2011, the President signed Executive Order 13563,
Improving Regulation and Regulatory Review. Among other things, Section
6 of that Executive Order directs agencies to conduct a retrospective
analysis of existing rules. Specifically, Executive
[[Page 29721]]
Order 13563 provides that ``[t]o facilitate the periodic review of
existing significant regulations, agencies shall consider how best to
promote retrospective analysis of rules that may be outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.''
Consistent with Executive Order 13563, the FAA routinely evaluates
existing regulations and other requirements. The FAA works to identify
unnecessary, duplicative, or ineffective regulations and to mitigate
the impacts of those regulations, where possible, without compromising
safety.
As part of the FAA's continuing obligation to review its
regulations, the agency has conducted an analysis of 14 CFR parts 61,
91, and 141 to identify provisions that are outmoded, ineffective, or
involve an unnecessary burden. This notice of proposed rulemaking
(NPRM) is the result of the FAA's analysis of its regulations and
includes proposed amendments that are consistent with the retrospective
regulatory review requirements of Executive Order 13563. The proposed
amendments reduce or relieve existing burdens on the general aviation
community. Several of these proposed changes have resulted from
suggestions from the general aviation community through petitions for
rulemaking, industry/agency meetings, and requests for legal
interpretation. The proposed changes include increases in the use of
aviation training devices (ATDs), flight training devices (FTDs), and
full flight simulators (FFSs); expanding opportunities for pilots in
part 135 operations to log flight time, allowing an alternative to the
complex airplane requirement for commercial pilot training, and
permitting pilots to credit some of their sport pilot training toward a
higher certificate. Because this rulemaking includes proposals that
affect several disparate subject areas within the regulations, the FAA
has provided the necessary background information in the separate
sections of this document that discuss each proposed rule change.
Summary of Proposed Provisions
Table 1 summarizes the provisions included in this rule, the
sections affected, and the total cost savings (benefits) for a 5-year
analysis period. All of the provisions proposed in this rule are either
relieving or voluntary. For those provisions that are relieving, no
person affected is anticipated to incur any costs associated with the
relieving nature of the provision. The FAA assumes that as these
provisions are relieving, all persons affected would use the provisions
as they would be beneficial. For those proposed provisions that are
voluntary, persons who wish to use the new provisions will do so only
if the benefit they would accrue from their use exceeds any cost they
might incur to comply with the new provision.
Table 1--Summary of Provisions in the Proposed Rule \1\
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Total cost savings
Provision Summary Sec. Sec. Affected (benefits) for 5-year
analysis period
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Aviation Training Devices
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Instructor requirement when using an Remove the requirement 61.51(g)(5)............ The cost savings
FFS, FTD, or ATD to complete to have an instructor benefits equal about
instrument recency. present when $12.1 million or $10.6
accomplishing flight million in present
experience value at a 7 percent
requirements for discount rate.
instrument recency in
an FAA-approved FFS,
FTD, or ATD.
Instrument recency experience Reduce frequency of 61.57(c), 135.245...... The cost savings
requirements. instrument recency benefits equal about
flight experience $79.4 million or $69.6
accomplished million in present
exclusively in ATDs value at a 7 percent
from every two months discount rate.
to every six months.
Reduce number of tasks
and remove three-hour
flight time
requirement when
accomplishing
instrument recency
flight experience in
ATDs.
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Pilot Certification, Training, and Pilot Schools
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Second in command for part 135 Allow a pilot to log 61.1, 61.39(a), The FAA considers this
operations. SIC flight time in a 61.51(e), (f), to be a minimum cost
multi-engine airplane 61.159(a), (c), rule with positive,
in a part 135 61.161, 135.99(c), but difficult to
operation that does 61.1, quantify, benefits.
not require an SIC. 61.129(a)(3)(ii),
appendix D to part 141.
Completion of commercial pilot Allow TAA to be used to ....................... The cost savings
training and testing in technically meet some or all of benefits equal about
advanced airplanes (TAA). the currently required $9.7 million or $8
10 hours of training million in present
that must be completed value at a 7 percent
in a complex or discount rate.
turbine-powered
airplane for the
single engine
commercial pilot
certificate. TAA could
be used in combination
with, or instead of, a
complex or turbine-
powered airplane to
meet the aeronautical
experience requirement
and could be used to
complete the practical
test.
[[Page 29722]]
Flight instructors with instrument Remove the requirement 61.195(b), (c)......... The cost savings
ratings only. that instrument only benefits equal about
instructors have $1.7 million or $1.5
category and class million in present
ratings on their value at a 7 percent
flight instructor discount rate.
certificates to
provide instrument
training.
Sport pilot flight instructor Allow a sport pilot 61.412, 61.415(h), Sport pilot flight
training privilege. only instructor to 91.109(c). instructors who choose
provide training on to receive this
control and endorsement have
maneuvering solely by determined that they
reference to the would be able to
flight instruments recoup this cost by
(for sport pilot providing training to
students only). sport pilot students.
Credit for training obtained as a Allow sport pilot 61.99, 61.109(l)....... If all 5,259 sport
sport pilot. training to be pilots choose to use
credited for certain the lower cost option,
aeronautical the cost savings would
experience exceed $8.0 million.
requirements for a We have used $8.0
higher certificate or million as a one-time
rating. event in the benefit-
cost analysis.
Include special curricula courses in Allow part 141 pilot 141.5(d)............... This proposed rule
renewal of pilot school certificate. schools to count FAA provision provides
approved ``special potential unquantified
curricula'' course benefits which exceed
completions (graduates minimal compliance
of these courses) costs.
toward certificate
renewal requirements.
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Other Provisions
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Temporary validation of flightcrew Allow a confirmation 61.3(a), 63.3(a), This proposed rule
members' certificates. document issued by a 63.16, 121.383(c), would relieve both the
part 119 certificate 135.95. FAA and stakeholders
holder authorized to from the burden of the
conduct operations exemption process,
under part 121 or 135 which must be
to serve as a completed every two
temporary verification years. The cost
of the airman savings, while real,
certificate and/or are small and believed
medical certificate to be de minimis.
during domestic
operations for up to
72 hours.
Military competence for Flight Allow the addition of a 61.197, 61.199......... The cost savings
Instructors. flight instructor benefits equal about
rating based on $1.4 million or $1.2
military competency to million in present
``simultaneously value at a 7 percent
qualify'' for the discount rate.
reinstatement of that
expired FAA flight
instructor certificate.
Restricted Category Aircraft training Allow an operator to 91.313................. The benefits will
and testing allowances. request and obtain a exceed costs for those
letter of deviation who choose to comply.
authority to conduct
training and testing
and other directly
related activities for
employees to obtain a
type rating in a
restricted category
aircraft.
Single Pilot Operations of Former Allow pilots to operate 91.531................. The benefits will
Military Airplanes and Other certain large and exceed costs for those
Airplanes with Special Airworthiness turbojet-powered who choose to comply.
Certificates. airplanes
(specifically former
military and some
airplanes not type
certificated in the
standard category)
without a pilot who is
designated as SIC.
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\1\ The agency recommends that commenters reference the title of
the provision to which they are commenting as it appears in the
first column of this table for ease of reference.
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II. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires
the Administrator to promote safe flight of civil aircraft in air
commerce by prescribing regulations and setting minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security; and 49 U.S.C. 44703(a), which requires
the Administrator to prescribe regulations for the issuance of airman
certificates when the Administrator finds, after investigation, that an
individual is qualified for, and physically able to perform the duties
related to, the position authorized by the certificate. Consistent with
this authority and with the retrospective regulatory review
requirements of Executive Order 13563, this rulemaking includes certain
proposed amendments that would reduce or relieve existing burdens on
the general aviation community.
[[Page 29723]]
III. Discussion of the Proposed Rule
A. Aviation Training Devices
Since the 1970s, the FAA has gradually expanded the use of flight
simulation for training--first permitting simulation to be used in air
carrier training programs and eventually permitting pilots to credit
time in devices toward the aeronautical experience requirements for
airman certification and recency. Currently, Title 14 of the Code of
Federal Regulations (14 CFR) part 60 governs the qualification of
flight simulation training devices (FSTD) which include FFSs and FTDs
levels 4 through 7. The FAA has, however, approved other devices
including ATDs for use in pilot certification training, under the
authority provided in 14 CFR 61.4(c).\2\
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\2\ Section 61.4(c) states that the ``Administrator may approve
a device other than a flight simulator or flight training device for
specific purposes.''
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For over 30 years, the FAA has issued letters of authorization
(LOAs) to manufacturers of ground trainers, personal computer-based
aviation training devices (PCATD), FTDs (levels 1 through 3), basic
aviation training devices (BATD), and advanced aviation training
devices (AATD). These LOAs were based on guidance provided in advisory
circulars that set forth the qualifications and capabilities for the
devices. Prior to 2008, most LOAs were issued under the guidance
provided in advisory circular AC 61-126, Qualification and Approval of
Personal Computer-Based Aviation Training Devices, and AC 120-45,
Airplane Flight Training Device Qualification. Since July 2008, the FAA
has been approving devices in accordance with Advisory Circular 61-136,
FAA Approval of Basic Aviation Training Devices (BATD) and Advanced
Aviation Training Devices (AATD).
In 2009, the FAA issued a final rule that for the first time
introduced the term ``aviation training device'' into the regulations
and placed express limits on the amount of instrument time that could
be credited in an ATD toward the aeronautical experience requirements
for an instrument rating.\3\
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\3\ In a 2007 NPRM, the FAA proposed to limit the time in a
personal computer-based aviation training device that could be
credited toward the instrument rating. Pilot, Flight Instructor, and
Pilot School Certification NPRM, 72 FR 5806 (February 7, 2007).
Three commenters recommended that the FAA use the terms ``basic
aviation training device'' (BATD) and ``advanced aviation training
device'' (AATD). Pilot, Flight Instructor, and Pilot School
Certification Final Rule, 74 FR 42500 (August 21, 2009) (``2009
Final Rule''). In response to the commenters, the FAA changed the
regulatory text in the final rule to ``aviation training device,''
noting BATDs and AATDs ``as being aviation training devices (ATD)
are defined'' in an advisory circular.
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Since the 2009 final rule, the regulations permit ATDs to be used
for the purpose of satisfying instrument recency experience
requirements. As set forth in Sec. 61.57, pilots who complete
instrument recency experience exclusively in ATDs must complete more
tasks at more frequent intervals than those pilots who use aircraft,
FFSs, and FTDs.
Despite the limitations on the use of ATDs that were set forth in
the 2009 final rule, the FAA had issued hundreds of LOAs to
manufacturers of devices that permitted ATDs (as well as ground
trainers, PCATDs, and FTDs (levels 1 through 3)) to be used to a
greater extent than were ultimately set forth in the regulations. Even
after publication of the 2009 final rule, the FAA continued to issue
LOAs in excess of the express limitations in the regulations. On
January 2, 2014, the FAA published a notice of policy to reissue LOAs
to reflect current regulatory requirements. 79 FR 20. The FAA concluded
that it could not use LOAs to exceed express limitations that had been
placed in the regulations through notice and comment rulemaking.
As discussed further in the following two sections, the FAA is
proposing to amend the regulations governing the use of ATDs to
increase the use of these devices for instrument training and
instrument recency experience requirements above the levels established
in the 2009 final rule. In developing this proposed rule, the FAA notes
that ATD development has advanced to an impressive level of capability.
Many ATDs can simulate weather conditions with variable winds, variable
ceilings and visibility, icing, turbulence, high definition (HD)
visuals, hundreds of different equipment failure scenarios, navigation
specific to current charts and topography, specific navigation and
communication equipment use, variable ``aircraft specific''
performance, and more. The visual and motion component of some of these
devices permit maneuvers that require outside visual references in an
aircraft to be successfully taught in an AATD. Many of these simulation
capabilities were not possible in PCATDs and BATDs that the FAA
approved for 10 hours of instrument time.
The FAA believes that permitting pilots to log increased time in
ATDs would encourage pilots to practice maneuvers until they are
performed to an acceptable level of proficiency. In an ATD, a pilot can
replay the training scenario, identify any improper action, and
determine corrective actions without undue hazard or risk to persons or
property. In this fashion, a pilot can continue to practice tasks and
maneuvers in a safe, effective, and cost efficient means of maintaining
proficiency.
In a recent notice of proposed rulemaking (NPRM),\4\ the FAA
proposed to increase the maximum time that may be credited in an ATD
toward the aeronautical experience requirements for an instrument
rating under Sec. 61.65(i). The NPRM proposed to permit a person to
credit a maximum of 20 hours of aeronautical experience acquired in an
approved ATD toward the requirements for an instrument rating. By LOA,
devices that qualify as AATDs were proposed to be authorized for up to
20 hours of experience to meet the instrument time requirements.
Devices that qualify as BATDs were proposed to be authorized, by LOA,
for a maximum of 10 hours of experience to meet the instrument time
requirements.
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\4\ Aviation Training Device Credit for Pilot Certification, 80
FR 34338 (Jun. 16, 2015).
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Based on the comments received to the NPRM, the final rule \5\
revised Sec. 61.65 to include a specified allowance of 10 hours for
BATDs and 20 hours for AATDs in part 61 (combined use not to exceed 20
hours) for the instrument rating.
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\5\ 81 FR 21449 (Apr. 12, 2016).
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The NPRM also addressed the use of ATDs in approved instrument
rating courses. The NPRM proposed to amend appendix C to part 141 to
increase the limit on the amount of training hours that may be
accomplished in an ATD in an approved course for an instrument rating.
The FAA proposed to allow ATDs to be used for no more than 40% of the
total flight training hour requirements in an approved instrument
rating course.
Based on the comments received to the NPRM, the final rule revised
appendix C to part 141 to include a specified allowance of 25% of
creditable time in BATDs \6\ and 40% of creditable time for AATDs under
part 141 (not to exceed 40% total time) for the instrument rating.
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\6\ If a course of training is approved under the minimum
requirements as prescribed in part 141 Appendix C for the instrument
rating (35 hours of training required), 25% in a BATD would equate
to 8.75 hours and 40% in an AATD would equate to 14 hours.
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The FAA is now proposing to define ATD in Sec. 61.1 as a training
device, other than a full flight simulator or flight training device,
that has been evaluated, qualified, and approved by the Administrator.
The FAA is proposing to add a definition of aviation training device to
61.1 to differentiate ATDs from FFS and FTDs approved under
[[Page 29724]]
part 60 and to establish that an ATD must be approved by the
Administrator to be used to meet aeronautical experience requirements
under part 61. The FAA will continue to evaluate, qualify, and approve
these devices in accordance with the guidance set forth in AC 61-136,
which has been placed in the docket for this rulemaking.\7\
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\7\ The FAA will continue to issue LOAs that allow ATDs to be
used to meet other aeronautical experience requirements in parts 61
and 141, including aeronautical experience for pilot certificates
and ratings. Currently, the FAA issues LOAs that allow pilots to
credit the same amount of time in ATDs as is currently permitted by
regulation in FSTDs when the rule is silent on ATD allowances.
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1. Instructor Requirement When Using a Full Flight Simulator, Flight
Training Device, or Aviation Training Device To Complete Instrument
Recency Experience
Currently, pilots who perform instrument recency experience
requirements in an aircraft are not required to have an authorized
instructor present to observe the time. Rather, the pilot can perform
the required tasks in actual instrument conditions or in simulated
instrument conditions with a safety pilot on board the aircraft. A
pilot who accomplishes instrument recency experience in an FFS, FTD, or
ATD, however, must have an authorized instructor present to observe the
time and sign the pilot's logbook. 14 CFR 61.51(g)(4).
In revising Sec. 61.57 in the 2009 final rule to include the
option of using ATDs for meeting instrument recency experience, the
preamble indicated that the FAA did not intend for an authorized
instructor to be present during instrument recency experience performed
in an FSTD or an ATD. It stated: ``[A] person who is instrument current
or is within the second 6-calendar month period * * * 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.'' 74 FR 42500, 42518. In 2010, the FAA issued a
legal interpretation \8\ stating that, based on the express language in
Sec. 61.51(g)(4), an instructor must be present in order for a pilot
to accomplish instrument recency experience in an FSTD or ATD. That
interpretation acknowledged, however, that the FAA had indicated in the
2009 preamble some intention to change the requirement but that the
change was not reflected in the regulation.
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\8\ Legal Interpretation to Thomas Keller, August 6, 2010.
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The FAA is proposing to amend Sec. 61.51(g) by revising paragraph
(g)(4) and adding a new paragraph (g)(5) to allow a pilot to accomplish
instrument recency experience when using an FAA-approved FFS, FTD, or
ATD--just as he or she might do when completing instrument recency
experience in an aircraft--without an instructor present. Because
instrument recency experience is not training, the FAA no longer
believes it is necessary to have an instructor present when instrument
recency experience is accomplished in an FSTD or ATD. An instrument-
rated pilot has demonstrated proficiency during a practical test with
an examiner. It can be expensive to hire an instructor to observe a
pilot performing the instrument experience requirements solely to
verify that the instrument recency experience was performed.\9\ As
noted above, practice in an ATD has the distinct advantage of pause and
review of pilot performance not available in an aircraft.
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\9\ The proposal would not change the existing requirement to
reestablish currency by completing an instrument proficiency check
under the requirements in Sec. 61.57(d).
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As with instrument recency experience accomplished in an aircraft,
the pilot would continue to be required to verify and document this
time in his or her logbook. The FAA is retaining the requirement that
an authorized instructor must be present in an FSTD or ATD when a pilot
is logging time to meet the requirements of a certificate or rating,
for example, under Sec. Sec. 61.51(g)(4), 61.65 and 61.129.
2. Instrument Recency Experience Requirements
Currently, under Sec. 61.57(c), to act as pilot in command (PIC)
of an aircraft under instrument flight rules (IFR) or in weather
conditions less than the minimums prescribed for visual flight rules
(VFR), an instrument-rated pilot must accomplish instrument experience
(often described as instrument practice, currency or recency) within a
certain period preceding the month of the flight.
If a pilot accomplishes the instrument recency experience in an
aircraft, FFS, FTD, or a combination, then Sec. 61.57(c)(1)-(2)
requires that, within the preceding 6 months, the pilot must have
performed: (1) Six instrument approaches; (2) holding procedures and
tasks; and (3) intercepting and tracking courses through the use of
navigational electronic systems.\10\ If a pilot accomplishes instrument
experience exclusively in an ATD, then Sec. 61.57(c)(3) requires that,
within the preceding two months, the pilot must have performed the same
tasks and maneuvers listed previously plus ``two unusual attitude
recoveries while in descending Vne airspeed condition and
two unusual attitude recoveries while in an ascending stall speed
condition.'' 14 CFR 61.57(c)(3). Section 61.57(c)(3) also requires a
minimum of three hours of instrument recency experience when using an
ATD, whereas no minimum time requirement applies when using an
aircraft, FFS, or FTD to accomplish the instrument experience.
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\10\ A pilot whose instrument currency has been lapsed for less
than six months may not act as pilot in command in IFR or weather
conditions less than the minimums prescribed for VFR but may
reestablish instrument currency by performing the tasks and
maneuvers in Sec. 61.57(c). If a pilot has failed to maintain
instrument currency for more than six months (meaning it is more
than six months since the pilot was instrument current), the pilot
may reestablish instrument currency only by completing an instrument
proficiency check under the conditions set forth in Sec. 61.57(d).
See Pilot, Flight Instructor, and Pilot School Certification;
Technical Amendment, 76 FR 78141, 78142 (December 16, 2011).
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If a pilot accomplishes the instrument recency experience using an
ATD in combination with using an FFS or FTD, then the pilot must--when
using an ATD--perform the additional tasks but the ``look back'' period
to act as PIC is six months rather than two months. 14 CFR 61.57(c)(5).
The FAA stated in 2009 that the more restrictive time limitations and
additional tasks were based on the fact that, at the time, ATDs
represented new technology.
Since the ATD provisions were added to Sec. 61.57 in the 2009
final rule, the FAA has received numerous inquiries regarding the terms
used in the rule and what might be acceptable combinations when using
various aircraft or training devices to satisfy the currency
requirements.\11\
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\11\ The FAA notes that it also received comments requesting
clarification of the recency requirements to the ``Aviation Training
Device Credit for Pilot Certification'' direct final rule (79 FR
71634, December 3, 2015) (Docket No. FAA-2014-0987, comments at FAA-
2014-0987-0004, FAA-2014-0987-0022) and the similarly-titled notice
of proposed rulemaking (80 FR 34338, June 16, 2015) (Docket No. FAA-
2015-1846, comments at FAA-2015-1846-0034, FAA-2015-1846-0038, FAA-
2015-1846-0055). http://www.regulations.gov.
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The FAA is proposing to amend Sec. 61.57(c) to allow pilots to
accomplish instrument experience in ATDs at the same 6-month interval
allowed for FFSs and FTDs. In addition, the FAA is proposing to no
longer require those pilots who opt to use ATDs exclusively to
accomplish instrument recency experience to complete a specific number
of additional hours of instrument experience or additional
[[Page 29725]]
tasks (in existing Sec. 61.57(c)(3)) to remain current. As discussed
previously, significant improvements in technology for these training
devices have made it possible to allow pilots to use ATDs for
instrument recency experience at the same frequency and task level as
FSTDs. The FAA believes that this proposal would encourage pilots to
maintain instrument currency, promote safety by expanding the options
to maintain currency, and be cost saving. As proposed, a pilot would be
permitted to complete instrument recency experience in any combination
of aircraft, FFS, FTD, or ATD.
3. Instrument Recency Experience for SICs Serving in Part 135
Operations
Section 135.245(a) requires a person serving as SIC in a part 135
operation conducted under IFR to ``meet the recent instrument
experience requirements of part 61[.]'' The FAA is proposing to remove
the reference to part 61 in Sec. 135.245(a) and move the current
instrument experience requirements in Sec. 61.57(c)(1) and (2) to new
Sec. 135.245(c). The use of aviation training devices is not currently
permitted to satisfy requirements in part 135. As such, it is more
appropriate for the express requirement for instrument recency
experience to be listed in part 135 rather than by reference to another
rule part.
B. Pilot Certification, Training, and Pilot Schools
1. Second in Command Time in Part 135 Operations
Logging Second-in-Command Time
Currently, a person may log second-in-command (SIC) flight time
\12\ only when more than one pilot is required under the type
certification of the aircraft or the regulations under which the flight
is being conducted. 14 CFR 61.51(f).
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\12\ ``Flight time'' is defined, in relevant part, as ``pilot
time that commences when an aircraft moves under its own power for
the purpose of flight and ends when the aircraft comes to rest after
landing.'' 14 CFR 1.1. ``Pilot time'' is currently defined as ``time
in which a person (i) serves as a required pilot flight crewmember;
(ii) receives training from an authorized instructor in an aircraft,
flight simulator, or flight training device; or (iii) gives training
as an authorized instructor in an aircraft, flight simulator, or
flight training device.'' 14 CFR 61.1.
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In some situations, an airplane may be type certificated for
operation either by two pilots or by a single pilot if the airplane has
additional equipment specified in the operating limitations section of
the FAA-approved airplane flight manual. For example, a Cessna 551
requires two pilots unless the airplane is equipped with an autopilot
with approach coupling, flight director, boom microphone or headset
mounted microphone, and a transponder ident switch on the pilot's
control wheel. Likewise, certain operations conducted under part 135
require an SIC even when the type certification for the aircraft would
not require a second pilot.\13\ For example, under Sec. 135.101 no
person may operate an aircraft carrying passengers under IFR unless
there is an SIC in the aircraft. Notwithstanding this requirement, the
regulations allow a certificate holder to conduct this operation
without an SIC provided the aircraft is equipped with an operative and
approved autopilot system and its use has been authorized by the FAA.
14 CFR 135.105.
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\13\ For instance, no certificate holder may operate an aircraft
without an SIC: (1) If the aircraft has a passenger seating
configuration, excluding any pilot seat, of ten seats or more; or
(2) the flight is conducted in a Category II operation. 14 CFR
135.99(b); 135.111. Part 135 has no exceptions to the SIC
requirement during these operations.
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Over the years, several individuals have requested clarification
from the FAA regarding whether a second pilot may log flight time when
an aircraft is equipped for operation by a single pilot. The FAA
responded that, because the aircraft--as equipped--requires a single
pilot under the type certificate or regulation under which the flight
is being conducted, then a second pilot is not a required flightcrew
member. Accordingly, a second pilot may not log flight time under Sec.
61.51(f) during those flights.\14\ See legal Interpretation to Scott
Nichols, April 2, 2009; Legal Interpretation to Jeff Karch, May 28,
1998; Legal Interpretation to Jeff Karch, March 9, 2000.
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\14\ The FAA has indicated that an assigned SIC (though not
required) may log flight time as PIC under Sec. 61.51(e) as the
sole manipulator of the controls of an aircraft for which the pilot
is rated. The assigned PIC (unless he or she holds an airline
transport pilot (ATP) certificate and is acting as PIC of an
operation requiring an ATP certificate) would not be able to log
flight time concurrently because, under Sec. 61.51(e)(1)(iii), the
PIC is not acting as PIC of an aircraft for which more than one
pilot is required by the type certification of the aircraft or the
regulation under which the flight is being conducted.
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Petitions for Exemption
On December 18, 2007, Ameriflight, a part 119 certificate holder
authorized to conduct operations under part 135, petitioned the FAA for
an exemption from Sec. 61.51(f)(2) to allow Ameriflight's SICs to log
flight time during a flight that otherwise does not require an SIC.\15\
Ameriflight indicated that, if granted, the exemption would apply
``when an operator elects to assign a properly trained and checked SIC
to a flight so that special SIC operations could be conducted if the
need arose, flight time accumulated during such an assignment may be
`legally' logged by the SIC as SIC time, and meet the requirements of
Sec. 61.51(f)(2).''
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\15\ Exemption No. 9770; Docket No. FAA-2007-0383. http://www.regulations.gov.
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In its petition, Ameriflight stated that granting this exemption
would actively improve the level of safety because a properly trained
and qualified SIC enhances safety in the cockpit by (1) providing a
second set of eyes, (2) allowing for better implementation of crew
resource management, (3) encouraging the use of standardized
procedures, and (4) helping distribute flying tasks during periods of
high workload. Ameriflight further stated that a grant of exemption
would be in the public interest because SICs assigned to these
operations would gain real-world line flying experience under
supervision of a qualified PIC which it claimed was an important
element in a smooth upgrade to PIC. Ameriflight also commented that
future airline pilots currently below the Sec. 135.243(c) threshold
for PIC \16\ would have an opportunity to gain experience far more
useful to their careers than other currently available avenues, such as
flight instruction, pipeline patrol, and traffic watch.
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\16\ Section 135.243(c) states that no person may serve as PIC
of an aircraft under IFR unless, among other things, that person has
``at least 1,200 hours of flight time as a pilot, including 500
hours of cross-country flight time, 100 hours of night flight time,
and 75 hours of actual or simulated instrument time at least 50
hours of which were in actual flight [.]''
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The FAA issued a partial grant of exemption to allow Ameriflight's
pilots to log SIC time in part 135 operations that did not otherwise
require an SIC for the purposes of upgrading from SIC to PIC in those
operations. The exemption, which has since been renewed,\17\ does not
permit the flight time to be used to gain an additional certificate or
rating under part 61 or to be logged as PIC flight time (even if the
pilot is the sole manipulator of the controls of the aircraft). All
pilots utilizing the exemption are required to complete the certificate
holder's approved SIC training program including 3 hours of crew
resource management training.
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\17\ The FAA granted the original petition for exemption on
October 3, 2008, and issued extensions on October 29, 2010 (9770A),
October 31, 2012 (9770B), September 30, 2014 (9770C), and October
29, 2014 (9770D).
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The pilots are also required to meet other part 135 experience,
qualifications, and crew pairing requirements. Specifically, the SIC
must hold a commercial pilot certificate with appropriate category,
class, and
[[Page 29726]]
instrument rating, if applicable. The SIC must complete the same part
135 pilot training requirements required for two-pilot crews necessary
to conduct operations consistent with the certificate holder's
operations specifications (Ops Specs).\18\
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\18\ Ops Specs are paragraphs written and issued to the operator
to provide specific requirements for certain FAA approved
operations.
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In addition, Ameriflight is required under the exemption to meet
certain recordkeeping requirements and outline all SIC ground and
flight duties in its general operations manual and flightcrew operating
manual.
To the extent that Ameriflight had petitioned to permit its pilots
to log flight time to meet aeronautical experience requirements for
pilot certification, the FAA denied that relief stating that the denial
was based on a desire to maintain the integrity of the higher level
airmen certification and rating requirements. The FAA granted partial
relief because that relief was confined to operations conducted solely
within a part 135 certificate holder's operation, and such flight time
would only be used to gain experience that would allow an SIC to
upgrade to a PIC position within part 135 operations. The FAA found
that such experience has value in part 135 operations.
On February 7, 2013, Ameriflight petitioned the FAA to expand the
relief provided in the original partial grant of exemption by again
asking for relief to permit SICs who were not required by aircraft
certification or the regulation under which the operation is conducted
to log flight time to meet aeronautical experience requirements for
pilot certification under part 61. Ameriflight restated its arguments
regarding the value of the flight time and the benefit of building
flight time under an experienced PIC. Ameriflight added that the relief
was appropriate in light of Public Law 111-216 (August 1, 2010), which
mandated FAA rulemaking to require SICs in part 121 operations to have
an airline transport pilot (ATP) certificate.\19\ Ameriflight stated
that granting the exemption would close the experience gap between
pilots with 300 flight hours and SICs who must meet the new 1,500 hour
experience requirement to qualify for an ATP certificate by providing
``richer and more varied flying'' than was otherwise available.\20\
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\19\ On July 15, 2013, the FAA published the final rule on Pilot
Certification and Qualification Requirements for Air Carrier
operations implementing these statutory mandates (78 FR 42324)
(Pilot Certification rule). As a result of this action, an SIC in
part 121 domestic, flag, and supplemental operations must now hold
an ATP certificate and an airplane type rating for the aircraft to
be flown. With a few exceptions based on military and academic
experience, an ATP certificate requires that a pilot be 23 years of
age and have 1,500 hours total time as a pilot. Further, to receive
an ATP certificate with a multiengine class rating, a pilot must
have 50 hours of multiengine flight experience and must have
completed a new FAA-approved ATP Certification Training Program
(CTP). To upgrade from SIC to PIC for a part 121 air carrier, the
pilot must have logged at least 1,000 flight hours in air carrier
operations.
\20\ The FAA notes that 250 hours of flight experience are
required for a commercial pilot certificate under Sec. 61.129(a)-
(b); the agency believes that Ameriflight referenced ``300 flight
hours'' because a pilot typically would have completed more than the
minimum 250 hours when hired by a certificate holder.
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The FAA published a notice of the petition in the Federal Register.
78 FR 39824 (July 2, 2013). Thirty comments were submitted to the
docket.\21\ Most commenters supported Ameriflight's petition arguing
that a two-pilot crew is safer than a one-pilot operation and the
experience gained by the SIC is more valuable than experience gained
through other methods such as banner-towing, pipeline, or power-line
patrol. Other commenters noted other benefits such as mentoring by an
experienced PIC, a second pair of eyes for safety, help in reducing
single pilot workload, and the opportunity for hands-on experience that
is difficult to obtain otherwise.
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\21\ Docket No. FAA-2007-0383. http://www.regulations.gov.
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Eight commenters raised concerns about Ameriflight's petition
including the possibility of part 135 operators exploiting and charging
low-time pilots a fee to gain this SIC experience. Other commenters
suggested that granting the relief was contrary to the new ATP
certificate requirements and National Transportation Safety Board
(NTSB) recommendations that are meant to increase the SIC
qualifications for air carrier operations. One commenter stated that
SIC flight time should not be allowed in aircraft type-certificated for
single pilot operations.
The FAA denied Ameriflight's petition to expand the relief to
permit pilots to log flight time for certification. Although the FAA
believed that the petitioner and commenters raised valid points
regarding the benefit of a second pilot in part 135 operations,
Ameriflight did not need an exemption to place another pilot on board
for increased safety. Further, the FAA stated that Ameriflight failed
to demonstrate how it is unique to the general class of regulated
entities and therefore somehow eligible for regulatory relief. The FAA
has consistently denied petitions for exemption from certification
requirements including those pertaining to flight time requirements.
The FAA believes that any changes to the requirements for logging
flight time for the purpose of meeting certification requirements are
most appropriately achieved through notice and comment rulemaking.
Proposed Rule Change
Under certain conditions, the FAA believes that it would be
appropriate to allow pilots in part 135 operations to log time in an
airplane or operation that does not otherwise require an SIC.
The FAA is proposing to amend Sec. 135.99 by adding paragraph (c)
to permit a certificate holder to receive approval of an SIC
professional development program (SIC PDP) via Ops Specs in order to
allow the certificate holder's pilots to log time under this proposal.
The FAA believes that a comprehensive SIC PDP can provide opportunities
for beneficial flight experience that may not otherwise exist and also
provide increased safety in operations for those flights conducted in a
multicrew environment.
To ensure that the SIC PDP achieves these goals, the FAA has set
forth in proposed Sec. 135.99(c) the requirements for certificate
holders, airplanes, and flightcrew members during operations conducted
under an approved SIC PDP. In addition to the following discussion of
the proposal, the FAA has placed a draft advisory circular (AC) in the
docket to this rulemaking that provides additional guidance for part
135 operators regarding development and approval (via Ops Specs) of a
SIC PDP. The FAA seeks comments on this proposed AC.
As proposed, under an approved SIC PDP, a certificate holder would
have to be authorized to conduct operations under IFR in multiengine
airplanes with dual controls and flight instruments. Because the FAA
believes that it is important that the required flightcrew member
(i.e., the PIC) have immediate access to the flight controls at all
times, the dual controls would not be permitted to include a throwover
control wheel as proposed in Sec. 135.99(c)(2)(i). The airplane would
be required to have independent flight instrumentation for a second
pilot that includes the following instrumentation: (1) Airspeed
indicator; (2) sensitive altimeter adjustable for barometric pressure;
(3) gyroscopic bank and pitch indicator (artificial horizon); (4)
gyroscopic rate-of-turn indicator combined with an integral slip-skid
indicator; (5) gyroscopic direction indicator (directional gyro or
equivalent); (6) vertical speed indicator (rate-of-climb) for IFR
operations
[[Page 29727]]
carrying passengers; and (7) course guidance for en route navigation
and instrument approaches. In addition, the SIC would need to have
independent instrumentation required by the certificate holder's Ops
Specs. The FAA acknowledges that the proposed instrumentation is not
currently required for SICs who are required by regulation. The FAA
believes, however, that the proposed instrumentation is the minimum
necessary for an SIC assigned under an SIC PDP to be actively engaged
as a pilot flying and pilot monitoring in both VFR and IFR conditions
and would ensure that these SICs obtain the relevant type of
multipilot, multiengine experience envisioned by Public Law 111-216.
The FAA seeks specific comment on the impact of these proposed
instrumentation requirements on part 135 operators who would be
interested in obtaining approval of an SIC PDP.
Consistent with existing obligations under part 135, certificate
holders would be required to have: (1) A manual containing standard
operating procedures (SOP) for conducting operations with a two pilot
flightcrew and setting forth the duties and responsibilities of an SIC;
(2) approved SIC training curriculums; \22\ (3) approved flight
instructor (aircraft) training curriculums; and (4) initial and
recurrent crew resource management (CRM) training for any pilot
assigned to an operation consisting of more than one pilot flightcrew
member.\23\ The assigned SIC would be expected to perform the functions
normally assigned to an SIC in an aircraft requiring two flightcrew
members, such as communications, navigation, flight management,
briefing, departure, arrival, and approach procedures, inspections and
checklists, and, at times, sole manipulator of the flight controls.
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\22\ The FAA would require certificate holders who exclusively
conduct operations that require only a PIC to obtain approval of an
SIC training program consistent with the requirements for SICs under
part 135.
\23\ Because a certificate holder who elects to conduct
operations with an SIC would still have the option to conduct
operations with a single pilot, the FAA would require certificate
holders to provide training on both single pilot resource management
and crew resource management as part of the certificate holder's
training and checking program.
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As proposed in Sec. 135.99(d), certificate holders who are
authorized to operate as a basic operator, single PIC operator, or
single pilot operator would not be permitted to obtain approval to
conduct an SIC PDP. These certificate holders--either by regulation or
deviation--are not required to develop and maintain manuals that
describe the procedures and policies to be used by the flight, ground
and maintenance personnel. 14 CFR 135.21. In addition, these
certificate holders are not required to establish and maintain an
approved pilot training program under Sec. 135.341 or employ certain
management personnel (e.g., Director of Operations, Chief Pilot) under
Sec. 119.69. Because of the limited size and scope of these
certificate holders' operations, the FAA does not believe that they
would provide the environment necessary to foster an SIC PDP.
The FAA is also proposing in Sec. 135.99(c)(1) to require a
certificate holder with an approved SIC PDP to maintain records for
each pilot consistent with the requirements in Sec. 135.63 and provide
training and testing records upon request to any pilot who the
certificate holder has assigned to serve as SIC under its program.
Additionally, the certificate holder would be required to establish and
maintain a data collection and analysis process that would permit the
certificate holder and FAA to determine whether the SIC PDP is
accomplishing its objectives. The proposed data collection and analysis
process could be based off a certificate holder's existing voluntary
safety management system or internal evaluation program. As proposed in
Sec. 135.99(c)(1)(iv), a certificate holder who obtains approval of an
SIC PDP would be required to conduct annual standardization meetings
for all flight instructors serving as PIC during operations conducted
under an SIC PDP. The FAA believes that standardization meetings would
provide an additional mechanism to assess the effectiveness of the SIC
PDP and review performance of participating SICs.
Under proposed Sec. 135.99(c)(4), an assigned PIC in an operation
conducted under an SIC PDP must be an authorized part 135 flight
instructor for the certificate holder. To serve as an assigned SIC
under an SIC PDP, a pilot would be required to meet the same
certification, qualification, training, checking, and testing
requirements in part 135 as a required SIC.\24\ Accordingly, an
assigned SIC would be required to hold a commercial pilot certificate
with appropriate category and class ratings and an instrument rating.
14 CFR 135.245. Because pilots serving under an SIC PDP would be
exercising the privileges of a commercial pilot certificate, they would
be required to hold a second class medical certificate. 14 CFR 61.23. A
pilot logging time under this proposal would be required to complete
the requirements of an approved SIC training and checking program for
any airplane in which the pilot would serve. Because the pilot would be
serving in a multicrew environment, this training would include crew
resource management training required under Sec. 135.330. An assigned
SIC also would be required to complete any training required by the
certificate holder's Ops Specs for the operation being conducted, such
as operations in reduced vertical separation minimum airspace.
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\24\ Consistent with current regulations, if a certificate
holder is authorized under Sec. 135.3(c) to comply with the
applicable sections of subparts N and O of part 121 instead of the
comparable requirements in part 135, the assigned SIC would be
required to meet the certification, qualification, training and
checking requirements required by subparts N and O of part 121,
except for the airline transport pilot certification requirements in
Sec. 121.436. See 81 FR 1 (January 4, 2016).
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The FAA emphasizes that, under this proposal, an SIC assigned to
duty under an SIC PDP would be subject to part 135 requirements as
though the pilot were required by aircraft certification or regulation.
For example, under the proposal, the assigned SIC would be subject to
flight time and duty period limitations and rest requirements under
subpart F of part 135. Under part 135, these requirements can differ
based on the flightcrew complement. As such, a certificate holder would
be expected to treat duty and rest periods for a two-pilot crew
conducted under an SIC PDP no differently than those for pilots serving
in operations requiring two pilots by aircraft certification or
regulation. In addition, the FAA would consider a pilot assigned to
serve as SIC under an SIC PDP to be a covered employee performing a
safety sensitive function subject to drug and alcohol testing
requirements in part 120.
The FAA emphasizes that the SIC PDP would be voluntary. This
proposal would impose no new requirements on certificate holders
conducting operations under part 135 if they choose not to seek
approval of an SIC PDP. However, only pilots employed by a certificate
holder that has an approved SIC PDP would be permitted to log SIC
flight time in part 135 operations when a second pilot is not required
by the aircraft certification or the regulation under which the flight
is being conducted. If a certificate holder does not have an approved
SIC PDP and assigns a second pilot to an operation that does not
require two pilots, that pilot may not log flight time under Sec.
61.51.
If conducted in accordance with an approved SIC PDP, the flight
time accomplished by those pilots serving as SIC could be counted
toward the total flight time required for an ATP certificate under
Sec. Sec. 61.159(a), 61.160,
[[Page 29728]]
and 61.161.\25\ As proposed in Sec. 61.159(c)(1), pilots who log time
under this provision would not be permitted to use the time to meet the
more specific flight time requirements for ATP certification (e.g.,
cross-country flight time, night flight time) set forth in Sec.
61.159(a)(1) through (5).\26\ Rather, a pilot would be required to
satisfy these specific aeronautical experience requirements during his
or her time as a required pilot flightcrew member. This limitation on
applying time logged under this provision only toward the total time
requirement for an ATP certificate is consistent with the current
limitation for SICs and flight engineers in Sec. 61.159(c). The FAA
believes that by allowing this time to be used only toward total flight
time requirements for the ATP certificate, it would promote an
environment in which a pilot's career follows a progression within part
135 that includes the pilot serving as a PIC in part 135 operations
before transitioning to an SIC position in a part 121 operation.
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\25\ The FAA is proposing to revise Sec. 61.161 to permit
flight time logged under an SIC PDP to be counted toward the 1,200
hours of total flight time required for an ATP certificate with a
rotorcraft category helicopter class rating.
\26\ As currently provided in the Ameriflight exemption, pilots
logging time under this proposal would be permitted to use the
flight time for the purpose of upgrading from SIC to PIC in part 135
operations. Exemption No. 9770D.
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In proposing this change to pilot time logging allowances, the FAA
is acknowledging the value of the pilot experience gained by airmen who
have been properly trained to serve as SIC in the air carrier
environment. In Public Law 111-216, Congress directed the FAA to ensure
that applicants for an ATP certificate have received flight training,
academic training, or operational experience that will prepare the
pilot to, among other things, function effectively in a multipilot
environment, adhere to the highest professional standards, and function
effectively in an air carrier operational environment. In addition, the
Public Law directed that all part 121 flightcrew members must have an
appropriate amount of multiengine flight experience, as determined by
the Administrator.
The FAA believes, within an appropriate training and mentoring
environment, this proposal would support the Congressional directive
and provide an effective method to acquire experience for ATP
certification and prepare pilots for a career as a professional pilot.
The experience gained from working with and learning from a part 135
flight instructor in a crew configuration would create valuable
experience. This proposal would provide an additional option for
commercial pilots seeking to meet the minimum aeronautical experience
requirements for the ATP certificate while also providing a strong
foundational experience for a developing professional pilot.
The FAA is proposing to revise Sec. 61.159(c)(1) to set forth the
requirements for logging SIC pilot time in an operation that does not
require an SIC by type certification of the aircraft or the regulations
under which the flight is being conducted. Current Sec. 61.159(c)
(former Sec. 61.145) was first added to the regulations in a 1969
final rule. 34 FR 17162 (October 23, 1969). Until that time, SICs were
permitted to log only 50 percent of their flight time toward a
certificate or rating. The 1969 final rule permitted SICs in part 121
operations to log 100 percent of their flight time in airplanes
required to have more than one pilot by their approved airplane flight
manual or airworthiness certificate.\27\
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\27\ That final rule also added a provision that permitted
flight engineers to log a portion of their flight engineer time
toward the flight hour requirements for an ATP certificate.
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In 1973, the FAA revised Sec. 61.51 (former Sec. 61.39) to permit
all SICs--not just those in part 121 operations--to log 100 percent of
flight time as SIC in aircraft on which more than one pilot is required
by the type certification of the aircraft or the regulations under
which the flight is conducted. 38 FR 3156 (February 1, 1973). When the
FAA expanded Sec. 61.51 to include all SICs, it did not remove the
more limited provision that applied only to part 121 SICs in Sec.
61.159(c)(1). Because that paragraph provides the same allowance for
logging SIC flight time as is currently reflected in Sec. 61.51(f),
the FAA is proposing to revise Sec. 61.159(c)(1) to address the
logging requirements for SICs in part 135 operations who are not
required by type certification or the regulations under which the
flight is being conducted.
The FAA is also proposing to revise the definition of pilot time in
Sec. 61.1 and the logging requirements in Sec. 61.51(f) to reflect
the allowance for SICs to log flight time in part 135 operations when
not serving as required flightcrew members under the type certificate
or regulations.\28\ The FAA notes that, because International Civil
Aviation Organization (ICAO) standards do not recognize the crediting
of flight time when a pilot is not required by the aircraft
certification or the operation under which the flight is being
conducted, pilots who rely on flight time logged under an SIC PDP to
meet the requirements for an ATP certificate must have a limitation on
their ATP certificates indicating that they do not meet the PIC
aeronautical experience requirements of ICAO. This limitation may be
removed when the pilot presents satisfactory evidence that he or she
has met the ICAO standards.
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\28\ The FAA also proposes to revise the definition of ``pilot
time'' in Sec. 61.1 to include training time from an authorized
instructor in aviation training devices within the definition. The
FAA likewise proposes to add aviation training devices to Sec.
61.51(h) to accommodate the logging of training time in an aviation
training device.
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Because of the ICAO limitation, it is important that flight time
logged under this proposal is accurately recorded in the pilot's
logbook. For that reason, the FAA has proposed Sec. 61.159(c)(1)(ii)
which would require the PIC to certify in the SICs logbook that the
flight time was accomplished under the requirements in Sec.
61.159(c)(1). As currently happens, a designated pilot examiner,
aircrew program designee, or FAA inspector when validating the pilot's
flight time would be responsible for noting an ICAO limitation on a
temporary airman certificate (Form 8060-4). In addition, the FAA is
proposing to revise Form 8710-1 (Airman Certification and/or Rating
Application) to include this time in the record of pilot time
section.\29\ The FAA is proposing to add a provision to Sec. 61.39
that would require a pilot who has logged flight time under Sec.
61.159(c)(1) to present a copy of the records required by Sec.
135.63(a)(4)(vi) and (x) at the time of application for the practical
test.
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\29\ The FAA anticipates it would revise FAA form 8710-1 as
appropriate at the final rule stage to include a column or block
where the total number of hours accomplished under Sec.
61.159(c)(1) could be recorded along with the notice of the ICAO
limitation.
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As proposed in Sec. 61.159(c), an SIC logging time under this
provision would not be permitted to log this flight time as PIC time
even when he or she is the sole manipulator of the controls. The FAA is
proposing, however, to revise Sec. 61.51(e) to allow the part 135
flight instructor serving as PIC to log all of the flight time as PIC
flight time even when the PIC is not the sole manipulator of the
controls. Section 61.51(e)(1) permits a person who holds a sport,
recreational, private, commercial, or airline transport pilot
certificate to log PIC time when the pilot (1) is the sole manipulator
of the controls of an aircraft for which the pilot is rated; (2) is the
sole occupant of the aircraft, (3) is acting as PIC of an aircraft that
requires more than one pilot by type certificate or the regulations
under which the flight is being
[[Page 29729]]
conducted, or (4) is undergoing an approved pilot-in-command training
program and is performing the duties of pilot in command while under
the supervision of a pilot in command. In addition, the holder of an
ATP certificate who is rated to act as PIC may log all flight time
while acting as pilot in command of an operation requiring an ATP
certificate. 14 CFR 61.51(e)(2).\30\ Without the proposed change to
Sec. 61.51(e), the part 135 flight instructor would not be permitted
to log PIC flight time during those times when the SIC is the sole
manipulator of the controls because the PIC of these operations would
not be acting as PIC of an aircraft that requires more than one pilot.
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\30\ Currently, pilots are required to hold an ATP certificate
to act as PIC in part 121 air carrier operations. Additionally,
pilots must hold an ATP certificate to serve as PIC in operations
conducted under Sec. Sec. 135.243(a)(1) and 91.1053(a)(2)(i).
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2. Completion of Commercial Pilot Training and Testing in Technically
Advanced Airplanes
Introduction
Under the current requirements, an applicant for a commercial pilot
certificate with airplane category single engine class rating must
accomplish 10 hours of flight training in a complex airplane \31\ or in
a turbine-powered airplane.\32\ 14 CFR 61.129(a)(3)(ii), appendix D to
part 141. In addition, the Commercial Pilot Practical Test Standards
for Airplane (as well as the Flight Instructor Practical Test Standards
for Airplane) require a pilot to use a complex airplane for takeoff and
landing maneuvers and appropriate emergency tasks for the initial
practical test for a commercial pilot certificate with an airplane
category.\33\
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\31\ A complex airplane is defined as an aircraft with a
retractable landing gear, flaps, and a controllable pitch propeller,
including airplanes equipped with an engine control system
consisting of a digital computer and associated accessories for
controlling the engine and propeller. 14 CFR 61.1.
\32\ This option was added to the regulations in 1997. Pilot,
Flight Instructor, Ground Instructor and Pilot School Certification
Rules final rule, 62 FR 16220, April 4, 1997. In the preamble to the
NPRM, the FAA explained that ``some commercial pilot applicants may
wish to complete their training in turbine-powered airplanes, and
some military pilots may not have demonstrated procedures pertaining
to the use of a controllable pitch propeller. Because a turbine-
powered airplane does not necessarily have a propeller, training and
demonstration of flight proficiency in such an airplane does not
satisfy existing requirements. However, a turbine-powered airplane
clearly meets the regulatory intent of requiring an applicant to
demonstrate proficiency in a relatively complex airplane.'' 60 FR
41160.
\33\ The Commercial Practical Test Standards (FAA-S-8081-12C)
for Airplane states that the applicant must furnish a complex
airplane ``unless the applicant currently holds a commercial pilot
certificate with a single engine or multiengine class rating, as
appropriate.''
---------------------------------------------------------------------------
Many pilots seeking a commercial pilot certificate in the airplane
category take the initial practical test in a single engine airplane.
Training providers have noted that there are far fewer single engine
complex airplanes available to meet the practical test standards
requirement, and the single engine complex airplanes that are available
are older aircraft that are expensive to maintain. The FAA recognizes
that accomplishing the required training in either a single engine
complex airplane or turbine-powered airplane has become cost
prohibitive for most flight schools.
Because Sec. 61.45(b) requires a pilot to accomplish the practical
test in an aircraft that is the appropriate category, class, and type
(if applicable), pilots are not permitted to use a more readily
available multiengine complex airplane during the single engine
practical test at the commercial pilot level to accomplish the tasks
and maneuvers that require a complex airplane.\34\ Currently it is
permissible for an applicant to take his or her initial commercial
pilot practical test for the airplane category in the multiengine class
and then seek an additional rating in the airplane single engine class,
thereby avoiding the difficulty of furnishing a single engine complex
airplane. However, the FAA notes that many pilots often do not apply
for their initial commercial pilot certificate with a multiengine class
rating because of the higher cost associated with gaining the
aeronautical experience required by Sec. 61.129(b)(3) and (4) in a
multiengine airplane.
---------------------------------------------------------------------------
\34\ See Legal Interpretation to Ian Robert Dean, February 15,
2013.
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Related Rulemaking History
On August 31, 2009, the FAA published a NPRM in the Federal
Register that proposed to replace the requirement for training in a
complex airplane for commercial pilot applicants (both single engine
and multiengine ratings) with a requirement for advanced instrument
training. Pilot in command proficiency Check and Other Changes to the
Pilot and Pilot School Certification Rules NPRM, 74 FR 44779. In
discussing the proposed change, the FAA noted the complaints by
training providers regarding the necessity to maintain older single
engine complex airplanes. The FAA also acknowledged in the NPRM that
general aviation aircraft manufacturers are no longer producing as many
single engine airplanes with retractable gear but are instead producing
aircraft with ``glass cockpits,'' \35\ which are also referred to as
technically advanced aircraft (TAA).\36\
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\35\ ``Glass Cockpits'' refer to an aircraft with a flight deck
LCD display system that incorporates a combined flight instrument
information that includes navigation information. An example is a
primary and multifunction flight display. (PFD and MFD systems).
This can include an integrated autopilot. Reference Instrument
Flying Handbook FAA-H-8083-15B Chp. 8 pg 18.
\36\ The General Aviation Technically Advanced Aircraft FAA--
Industry Safety Study published August 22, 2003, defines TAA as
aircraft with a minimum of an IFR-certified GPS navigation system
with a moving map display, and an integrated autopilot. Most include
a primary flight display that integrates all of the following flight
instruments together: Airspeed indicator, turn coordinator, attitude
indicator, directional gyro, altimeter, and vertical speed
indicator. Some TAAs also have a multi-function display that shows
weather, traffic and terrain graphics. In general, TAAs are aircraft
in which the pilot interfaces with one or more computers in order to
aviate, navigate, or communicate.
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The FAA received a variety of comments in response to the proposed
change. Although several commenters supported the change based on the
high cost of maintaining older single engine complex airplanes and the
perceived value of requiring additional instrument training, other
commenters opposed the change citing the potential for an increase in
gear-up landing incidents and the fact that training in a complex
airplane is essential for safety because most pilots will encounter a
complex airplane during their careers. The FAA withdrew the proposed
changes in the final rule citing the need to further analyze the
comments received on the proposed revision. 76 FR 54096 (August 31,
2011). The FAA noted that it would consider the matter further and
possibly publish an NPRM in the future.
Basis for Current Proposal
Since the 2011 final rule, various pilot associations have made
public statements on behalf of their members, expressing disappointment
in the agency's decision to withdraw the proposal set forth in the 2009
NPRM. Various individuals and pilot organizations have reiterated
concern over the costs associated with the upkeep of aging complex
single engine airplanes that are unavailable (or are cost prohibitive)
due to the decrease or discontinuance of manufacture of these aircraft.
The FAA has also received multiple exemption requests that seek relief
from Sec. 61.45(b) and the requirement to use a single engine complex
airplane during the commercial and flight instructor practical tests.
While these requests have been denied because they have not met the
regulatory criteria for an exemption, they provide additional
[[Page 29730]]
examples of ongoing industry concern over the lack of flexibility
provided by the current requirement to furnish a complex single engine
airplane for use during training and testing for these certificates and
ratings.
With the prominence of airplanes equipped with glass cockpits
(i.e., TAA) in today's general aviation aircraft fleet, the FAA
believes it is appropriate to permit the use of certain TAA to complete
the training required in Sec. 61.129(a)(3)(ii) and appendix D to part
141 as well as to meet the requirements of the commercial single engine
airplane pilot and flight instructor practical test standards.
i. Definition of Technically Advanced Airplane
The FAA recognizes the emerging and continuing trend in general
aviation aircraft manufacturing to produce most new aircraft with
advanced avionics systems. The previously typical individual six-flight
instrument configuration (six-pack) is becoming unavailable in current
general aviation manufacturing. The NTSB safety study Introduction of
Glass Cockpit Avionics Into Light Aircraft published in 2010 indicated
that ``the transition to glass cockpits in Federal Aviation
Administration (FAA)-certified light aircraft'' began in 2003 when
Cirrus Design Corporation started delivering single-engine piston
airplanes with electronic primary flight displays (PFD). Other
manufacturers, including Cessna Aircraft Company, Piper Aircraft
Incorporated, Mooney, and Hawker Beechcraft soon followed suit. The
NTSB study further referenced General Aviation Manufacturers
Association data showing that ``by 2006, more than 90 percent of new
piston-powered, light airplanes were equipped with full glass cockpit
displays.'' \37\ Indeed, the Cessna Aircraft Corporation has produced
``glass cockpit only'' piston driven aircraft since 2006. According to
the General Aviation Manufacturers Association, these Cessna piston
aircraft totaled 3,696, as delivered through 2012. Piper Aircraft Inc.
also delivers almost exclusively glass cockpit configurations, except
for some limited requests from international flight school customers
for the previously traditional independent six-flight instrument
configuration.\38\
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\37\ General Aviation Airplane Shipment Report, End-of-Year 2006
(Washington, DC: General Aviation Manufacturers Association, 2007)
indicates that 92 percent of the 2,540 piston airplanes delivered
during 2006 were equipped with glass cockpit electronic flight
displays.
\38\ The six-flight instrument configuration includes a separate
airspeed indicator, attitude indicator, altimeter, turn coordinator,
heading indicator, and vertical speed indicator.
---------------------------------------------------------------------------
This trend toward exclusive production of airplanes with glass
cockpits (TAA) is due to an increase in demand for advanced avionics
cockpit platforms by general aviation consumers.\39\ At the same time,
there has been a significant decrease in the production of single
engine complex airplanes.\40\ The FAA understands the decrease in
single engine complex airplane manufacturing is due, at least in part,
to newer airframe and power plant technologies that allow for aircraft
to achieve higher performance (e.g., airspeed, reduced fuel
consumption, etc.) without the manufacturing and maintenance costs
associated with a retractable gear system that is characteristic of a
complex airplane. Cirrus Aircraft has delivered 5,326 aircraft with
this fixed gear configuration as of 2012.\41\
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\39\ An Aircraft Owners and Pilots Association Air Safety
Foundation Special Report titled ``Technically Advanced Aircraft--
Safety and Training'' states ``virtually every newly designed
transportation airplane is a TAA, including Lancair, Cirrus,
Diamond, and the Adam 500 * * * Many owners are retrofitting their
classic aircraft to convert them to TAA with IFR-certified GPS
navigators and multifunction displays.''
\40\ The General Aviation Manufacturers Association Web site
shows Cessna has not produced a piston engine retractable gear
airplane since 1985 and Piper has produced only 28 piston engine
airplanes with retractable gear since 2008 (16 being the Piper Arrow
model). Production for Beechcraft is also at an all-time low for
piston single engine airplanes with retractable gear.
\41\ General Aviation Manufacturers Association published
statistics (http://www.gama.aero/).
---------------------------------------------------------------------------
To date, the FAA has primarily used the term ``glass cockpits''
when referring to airplanes equipped with these advanced avionics
components such as a primary flight display (PFD) and multi-function
display (MFD). For example, the Instrument Flying Handbook acknowledges
that PFDs and MFDs ``are changing not only what information is
available to a pilot but also how that information is displayed.''
Moreover, the executive summary to the NTSB's Introduction of Glass
Cockpit Avionics in Light Aircraft, provides that ``in a span of only a
few years, the cockpits of new light aircraft have undergone a
transition from conventional analog flight instruments to digital-based
electronic displays,'' which ``integrate aircraft control, autopilot,
communication, navigation, and aircraft system monitoring functions,
applying technology previously available only in transport-category
aircraft.'' \42\
---------------------------------------------------------------------------
\42\ NTSB Safety Study # SS-10/01.
---------------------------------------------------------------------------
In an FAA-Industry Safety Study published in 2003, the FAA defined
TAA as ``a General Aviation aircraft that contains the following design
features: Advanced automated cockpit such as MFD or PFD or other
variations of a Glass Cockpit, or a traditional cockpit with GPS
navigation capability, moving map display and autopilot.'' \43\ The FAA
is proposing to require a certain level of complexity for TAA by
proposing to define TAA in the regulations and, thereby, mandating
certain functionalities when used for commercial pilot training and the
practical test.
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\43\ General Aviation Technically Advanced Aircraft, FAA-
Industry Safety Study: Final Report of TAA Safety Study Team, http://www.faa.gov/training_testing/training/fits/research/media/TAAFinalReport.pdf (Washington, DC: Federal Aviation Administration,
2003).
---------------------------------------------------------------------------
Notwithstanding the previous use of terms such as glass cockpit and
electronic flight instrument displays, the FAA is proposing to adopt an
updated definition of ``technically advanced airplane'' in Sec. 61.1
based on the common and essential components of advanced avionics
systems equipped on the airplane, including a PFD, MFD and an
integrated two axis autopilot. These components would be required in
order to ensure the TAA used to meet the aeronautical experience
requirements for commercial pilots in Sec. 61.129(a)(3)(ii) and
appendix D to part 141, as well as the related practical test
standards, as amended, have the necessary level of complexity
comparable to the traditional single engine complex airplane.
TAA would be required to include a PFD that is an electronic
display integrating all of the following flight instruments together:
An airspeed indicator, turn coordinator, attitude indicator, heading
indicator, altimeter, and vertical speed indicator. Additionally, an
independent MFD must be installed that provides a GPS with moving map
navigation system and an integrated two axis autopilot.\44\ In general,
the pilot interfaces with one or more computers in order to operate,
navigate, or communicate. The proposed definition of TAA would apply to
permanently-installed equipment and would not apply to any portable
electronic device. The FAA recognizes the continuing advancements in
aircraft avionics and the need for a pilot to be proficient with modern
cockpit equipment and automation. As proposed, the FAA would define the
term TAA as an airplane with an electronic PFD and an MFD that
includes, at a minimum, a GPS moving
[[Page 29731]]
map navigation and integrated two-axis autopilot.
---------------------------------------------------------------------------
\44\ The MFD may also include additional capabilities such as
depicting weather, traffic, terrain, navigation aids and airport
information, but these capabilities are not necessary to meet the
proposed definition.
---------------------------------------------------------------------------
In addition to adding a definition of TAA to Sec. 61.1, the FAA is
proposing to amend the existing training requirements to permit the use
of a TAA instead of a complex or turbine-powered airplane by commercial
pilot applicants seeking an airplane category single engine class
rating. In addition to the regulatory changes, the FAA would revise the
practical test standards for commercial pilot applicants and flight
instructors seeking an airplane category single engine class rating.
ii. Amendment to Aeronautical Experience Requirement for Commercial
Pilots
The FAA proposes to amend the current requirement found in Sec.
61.129(a)(3)(ii) and appendix D to part 141 to complete 10 hours of
training in a complex or turbine-powered airplane. As proposed, the FAA
would permit a pilot seeking a commercial pilot certificate with an
airplane category single engine class rating to complete the 10 hours
of training in a TAA. With this amendment, a pilot seeking a commercial
pilot certificate with a single engine class rating could complete all
10 hours in a complex airplane, a turbine-powered airplane, or a TAA,
or could complete the 10 hours of training in any combination of these
three airplanes. The FAA believes that demonstration of proficiency in
an airplane that is electronically complex (i.e., those that would meet
the proposed definition of a TAA) will be comparable to the
demonstration of proficiency in an airplane that is mechanically
complex (i.e., those that meet the current definition of a complex
airplane).
Providing the TAA alternative to the training requirements for a
commercial pilot certificate with an airplane category single engine
class rating is appropriate because advanced avionics in TAA create a
level of complexity that would be equal to or greater than the
mechanical complexity found in traditional complex airplanes. The FAA
contends that, as avionics continue to advance, the need for training
and checking in other categories of aircraft equipped with advanced
avionics systems will continue to grow. Further, the FAA emphasizes the
importance of pilot and flight instructor proficiency in the advanced
aircraft systems that are essential to the FAA's NextGen
initiatives.\45\
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\45\ FAA publication ``NextGen Implementation Plan March 2012''
or latest version. NextGen involves development of aviation-specific
applications for existing, widely-used technologies, such as the
Global Positioning System (GPS) and technological innovation in
areas such as weather forecasting, data networking and digital
communications.
---------------------------------------------------------------------------
Complex airplanes, turbine-powered airplanes, and TAA all require
the commercial pilot applicant to have an understanding of aircraft
systems that are more complicated than the aircraft systems found in
more basic airplanes that most private pilots learn to fly. Operation
of a complex airplane requires the pilot to perform advanced plans of
action with the gear, flaps, and propeller control in certain phases of
flight (such as takeoff, landing, and emergency procedures). Failure to
perform the correct action in a complex airplane could result in a
degradation of the safety of flight, such as a gear up landing or
achieving maximum aircraft performance during climb after takeoff.
Similarly, a TAA demands the pilot perform functions with the advanced
avionics such as programing, entering flight plans and autopilot
management. If not accomplished in an efficient, proper, and timely
manner, there is the potential for a loss of safety during the flight.
As another example, the failure of the pilot to recognize and
respond properly to a failure of either the PFD or the MFD at a
critical phase of flight (especially during marginal VFR conditions or
instrument meteorological conditions (IMC)) could result in the pilot
losing situational awareness and possibly leading to loss of control
jeopardizing the successful completion of the flight. The FAA believes
that demonstrating proficiency when operating a TAA provides at least
an equivalent level of complexity compared to a complex airplane.
Indeed, newly hired operations aviation safety inspectors are required
to complete three weeks of glass cockpit training (in TAA). This
commitment to TAA training reflects the FAA's acknowledgment of the
importance of developing skills, understanding the complexity, and
demonstrating knowledge required to safely operate these airplanes.
The proposed amendments to Sec. 61.129(a)(3)(ii) and appendix D to
part 141 for single engine airplane ratings do not impose any new
regulatory requirements on pilots or part 141 pilot schools.\46\ The
FAA believes that applicants for the commercial pilot practical test or
flight instructor practical test for a multiengine rating need to
continue to demonstrate skill and proficiency in a complex airplane as
defined in the practical test standards. For that reason, the FAA is
not proposing to make any related substantive revisions to the
requirement to use a complex or turbine-powered airplane to complete
the training required for multiengine airplanes in Sec.
61.129(b)(3)(ii) and appendix D to part 141, other than clarifying
amendments to eliminate redundancies in the current regulatory text. As
noted, the vast majority of multiengine airplanes are complex, and
there should be no significant burden on these applicants to provide a
multiengine complex airplane for the multiengine practical test.
---------------------------------------------------------------------------
\46\ Although commercial pilots who hold airplane category
single engine class ratings may not have been trained or tested in a
complex airplane, they would be required to obtain training and an
endorsement under Sec. 61.31 in order to act as PIC of a complex
airplane.
---------------------------------------------------------------------------
iii. Amendments to Commercial Pilot and Flight Instructor Practical
Test Standards
The FAA notes that the proposed amendments to Sec.
61.129(a)(3)(ii) and appendix D to part 141 necessitate coordinated
revisions to the practical test standards for commercial pilots and
flight instructors. The Commercial Pilot Practical Test Standards for
Airplane require a pilot to use a complex airplane for takeoff and
landing maneuvers and appropriate emergency tasks for the initial
practical test for a commercial pilot certificate with an airplane
category. Similarly, the Flight Instructor Practical Test Standards for
Airplane require an instructor candidate to use a complex airplane for
the performance of takeoff and landing maneuvers as well as appropriate
emergency procedures.
Because an applicant for a commercial pilot certificate with an
airplane category single engine class rating would no longer be
required to complete training in a complex airplane, the FAA would
revise the practical test standards to permit the use of a TAA in place
of a complex or turbine-powered airplane during the single engine
airplane practical test. The FAA would also revise the flight
instructor single engine airplane practical test standards to permit
the flight instructor applicant to use a TAA during the practical test.
The FAA acknowledges that no longer requiring flight instructors
seeking an airplane category single engine class rating to take the
practical test in a complex airplane could result in a flight
instructor not being evaluated specifically on complex airplane tasks
and maneuvers.
Although under the proposed rule an instructor would not
necessarily be evaluated during the practical test in a complex
airplane, the FAA believes that the current training and endorsement
required to act as PIC of a complex
[[Page 29732]]
airplane set forth in Sec. 61.31, in conjunction with the flight
instructor's demonstrated knowledge of the fundamentals of instruction,
is sufficient to ensure that type of training is provided effectively.
The FAA notes that this ability to provide training without having been
evaluated on a practical test is consistent with other Sec. 61.31
endorsements including high performance aircraft, tailwheel aircraft,
or high altitude operations.
C. Flight Instructors With Instrument Ratings Only
Section 61.195 sets forth the limitations and qualifications for
flight instructors. Under Sec. 61.195(b), an instructor may not
conduct flight training \47\ in any aircraft for which the instructor
does not hold a pilot certificate and flight instructor certificate
with the applicable category and class ratings for the aircraft in
which the training is being provided.\48\ In addition to this
requirement, Sec. 61.195(c) requires that 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 ATP 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.\49\
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\47\ ``Flight training'' is defined as ``training, other than
ground training, received from an authorized instructor in flight in
an aircraft.'' 14 CFR 61.1.
\48\ To be eligible for a flight instructor certificate, a
person must hold either: (1) A commercial pilot certificate with an
aircraft category and class rating for the flight instructor rating
sought and an instrument rating, or (2) an airline transport pilot
certificate with an aircraft category and class rating appropriate
to the flight instructor rating sought and instrument privileges
appropriate to the flight instructor rating that is sought. As such,
it is not possible for a person to hold a flight instructor
certificate with a rating that the person does not first hold on his
or her pilot certificate. If providing instruction in an aircraft
that is type certificated, the instructor must hold the appropriate
type rating on his or her pilot certificate. 14 CFR 61.195(b)(2).
\49\ The FAA has distinguished instrument training for an
instrument rating under Sec. 61.65 and instrument training at the
commercial pilot certificate level under Sec. 61.129 from the
training requirements for private pilots on ``basic instrument
maneuvers'' under Sec. 61.107 and ``control and maneuvering of an
airplane solely by reference to the instruments'' under Sec.
61.109. See Legal Interpretation to Taylor Grayson, July 6, 2010. A
flight instructor does not need to hold an instrument rating to
provide the training under Sec. Sec. 61.107 and 61.109.
---------------------------------------------------------------------------
In the 2009 final rule, the FAA modified Sec. 61.195(c) to clarify
that, in order to provide instrument training required for commercial
pilot or ATP certification, an instructor must have an instrument
rating on his or her flight instructor certificate. 74 FR 42500, 42561.
In disposing of comments to the NPRM, the FAA made the following
statement: ``. . . 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.'' 74 FR 42500, 42536.
Shortly after the final rule published, the FAA received a request
for legal interpretation seeking clarification of whether a flight
instructor who holds only an instrument-airplane rating on his or her
flight instructor certificate may conduct instrument training in a
single or multiengine airplane if he or she holds those ratings only on
his or her commercial pilot certificate but not on his or her flight
instructor certificate. See Legal Interpretation to Taylor Grayson,
January 4, 2010. The FAA responded that, under Sec. 61.195(b), a
flight instructor may not conduct instrument flight training without
holding on his or her flight instructor certificate the appropriate
category and class ratings for the aircraft in which the instrument
flight training is provided.\50\
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\50\ See Legal Interpretation to Taylor Grayson, January 4,
2010, which states ``a flight instructor must have an instrument
rating on his flight instructor certificate that is applicable to
the aircraft category for which the instrument training is
provided.'' Additionally, Grayson states ``under part 61.195 a
flight instructor may not conduct instrument training in a
multiengine airplane unless that flight instructor holds the
appropriate airplane category multiengine class rating on his or her
pilot certificate and flight instructor certificate.
---------------------------------------------------------------------------
Despite this conclusion, FAA regulations permit a pilot to receive
an initial flight instructor certificate with an instrument-airplane or
instrument-helicopter rating without a corresponding category (airplane
or rotorcraft) and class rating (single engine, multiengine,
helicopter) on the flight instructor certificate.\51\ In addition, the
FAA has indicated in guidance \52\ that a flight instructor may provide
instrument training in any class of airplane with only an instrument-
airplane rating on the flight instructor certificate so long as the
person receiving instruction holds category and class ratings for the
aircraft in which the instruction is being given. In such instances
where guidance is inconsistent with a regulation, the regulation
controls.
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\51\ The powered lift category does not contain any
corresponding class ratings, on either a pilot certificate or flight
instructor certificate, and thus would not be affected by this
rulemaking proposal.
\52\ In Grayson, the FAA noted that FAA guidance was
inconsistent with the current regulation. FAA Order 8900.1, Vol. 5,
Chpt 2, Sec. 11, stated:
B. Class Ratings. Flight instructors who hold flight instructor
certificates issued under part 61, which allow only instrument
instructor privileges in airplanes, may give instrument flight
instruction in any class airplane that is listed without restriction
on their pilot certificate. Instructors holding only a helicopter
instrument rating on their flight instructor certificate are limited
to conducting instrument flight instruction in helicopters.
C. Ratings Limited to Instrument. Instructors with ratings
limited to instrument may not give instrument flight instruction to
students who do not hold category and class ratings in the aircraft
used. This would be instruction for the addition of a rating that
conveys other than instrument privileges. These instructors may not
certify logbooks or recommend applicants for any aircraft category
or class rating.
---------------------------------------------------------------------------
However, due to the confusion between the regulation and guidance
regarding the qualifications of a flight instructor who is providing
instrument training, the FAA is proposing to revise Sec. 61.195.
Specifically, the FAA is proposing to revise Sec. 61.195(b) and (c) to
permit a flight instructor who holds only an instrument-airplane rating
or instrument-helicopter rating on his or her flight instructor
certificate to provide instrument training in an aircraft, flight
simulation training device (which includes full flight simulators and
flight training devices), or in an aviation training device. As
proposed, the authorized instructor and the pilot receiving instrument
training would need to possess category and class ratings on their
pilot certificates that are applicable to the aircraft in which the
instrument training is accomplished. The flight instructor would need
to hold the category and class rating on his or her pilot certificate
appropriate to aircraft in which instrument training is given at the
commercial pilot or ATP certificate level.
For example, a pilot who holds an airplane category single engine-
land class rating on his or her private pilot certificate would be able
to receive instrument training in a single engine-land airplane from a
flight instructor who holds a single engine-land class rating on his or
her commercial pilot (or ATP) certificate and an instrument-airplane
rating on his or her flight instructor certificate. If the private
pilot does not also hold a multiengine-land class rating, then in order
to provide instrument training to that private pilot in a multiengine-
land airplane, the flight instructor would be required to hold: (1) An
instrument-airplane rating on his or her flight instructor certificate,
and (2) an airplane category
[[Page 29733]]
multiengine-land class rating on his or her flight instructor
certificate.\53\
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\53\ Likewise, if the pilot receiving instrument training held a
multiengine-land class rating on his or her private pilot
certificate but the flight instructor did not hold a multiengine-
land class rating at the commercial pilot or ATP certificate level,
the instructor--despite holding an instrument-airplane rating on his
or her flight instructor certificate--would not be able to provide
instrument training to that private pilot in a multiengine-land
airplane.
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Allowing a flight instructor with only an instrument rating on his
or her flight instructor certificate to provide instrument training
when the flight instructor and the pilot receiving instrument training
hold the appropriate category and class ratings on their pilot
certificates provides adequate assurance that instrument training can
be conducted competently and safely because the pilot and the
instructor would have each previously demonstrated proficiency during a
practical test with an examiner in the category and class of aircraft
in which the instrument training is conducted.\54\
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\54\ The FAA notes that, as is currently required, either the
instructor or the pilot receiving instrument training must be able
to act as pilot in command of the aircraft in which the training is
provided, meaning that one of them must meet the recent experience
requirements, have satisfied the necessary flight review and
proficiency check, and hold any required endorsements (e.g., complex
airplane) for the aircraft.
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The FAA believes the fundamentals of instrument training (and the
procedures) are a universal skill within a category of aircraft. The
IFR procedures are fundamentally consistent within a particular
category of aircraft and the same skills and rules apply to operate
under IFR in the national airspace system. Obtaining a clearance,
maintaining an attitude, altitude, speed, assigned course, following
instructions from air traffic control (ATC), and other instrument
skills are universal tasks for instrument flight in an aircraft. The
ability of an instructor to teach instrument procedures in an aircraft
for which he or she possesses an instrument rating on the flight
instructor certificate would not be affected by the absence of aircraft
category and class ratings on the flight instructor certificate.\55\
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\55\ The FAA notes that a flight instructor who holds only an
instrument rating on his or her flight instructor certificate is not
authorized to provide training to meet requirements for category and
class ratings. For example, a flight instructor with only an
instrument rating who is providing instrument training required
under Sec. 61.129(a)(3)(i) for a commercial pilot certificate with
an airplane category single engine class rating is not authorized to
provide training to meet requirements that are specific to the
category and class of airplane. As such, an applicant for a
commercial pilot certificate who receives instrument training from
an instrument only instructor would need to obtain training on the
areas of operation listed in Sec. 61.127 from an instructor who
holds the appropriate category and class for the rating sought.
Additionally, the instrument only instructor may not endorse an
applicant for a commercial pilot certificate to take the practical
test.
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In addition, a flight instructor with an instrument rating on his
or her flight instructor certificate has demonstrated the required
knowledge on the fundamentals of instruction (e.g., the learning
process, elements of effective teaching, student evaluation and
testing, course development, lesson planning and classroom training
techniques). See 14 CFR 61.185(a)(1). Therefore, an instructor who
holds only an instrument rating on his or her flight instructor
certificate meets the same foundational criteria as a person who holds
a flight instructor certificate with a category and class rating. This
instructional knowledge is in addition to the knowledge and skills
specific to the instrument rating and training tasks as provided in the
Flight Instructor Instrument Practical Test Standards.\56\
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\56\ FLIGHT INSTRUCTOR INSTRUMENT Practical Test Standards for
AIRPLANE and HELICOPTER, FAA-S-8081-9D U.S. Department [sic] with
Change 1.
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D. Light-Sport Aircraft Pilots and Flight Instructors
1. Sport Pilot Flight Instructor Training Privilege
To be eligible for a pilot certificate, a person must receive
training from an authorized instructor on certain areas of operation.
For instance, an applicant for a private pilot certificate with an
airplane category single engine class rating must receive flight
training on ``basic instrument maneuvers'' and ``control and
maneuvering an aircraft solely by reference to the instruments.'' 14
CFR 61.107(b)(1)(ix); 61.109(a)(3). For that reason, a flight
instructor authorized to provide flight training to a private pilot
applicant (part 61, subpart H instructor) is evaluated during the
flight instructor practical test on his or her instructional knowledge
related to tasks and maneuvers performed solely by reference to the
instruments.\57\
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\57\ Flight Instructor Practical Test Standards for Airplane,
FAA-S-8081-6D; http://www.faa.gov/training_testing/testing/test_standards/media/FAA-S-8081-6D.pdf.
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Conversely, basic instrument maneuvers are not an area of operation
for which sport pilot applicants must receive flight training. 14 CFR
61.311. As such, a sport pilot instructor (part 61, subpart K
instructor) is not evaluated during the practical test on his or her
instructional knowledge related to basic instrument maneuvers.\58\
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\58\ Sport Pilot Practical Test Standards for Airplane,
Gyroplane, Glider, and Flight Instructor, FAA-S-8081-29; http://www.faa.gov/training_testing/testing/test_standards/media/faa-s-8081-29.pdf.
---------------------------------------------------------------------------
Notwithstanding this fact, there is a single circumstance under
which a sport pilot must receive flight training on control and
maneuvering solely by reference to the instruments. As with other
student pilots, a sport pilot applicant must complete solo cross-
country flight time to be eligible for the practical test for a sport
pilot certificate. 14 CFR 61.313. Prior to accomplishing this solo
cross-country flight time, sport pilot applicants must receive flight
training from an authorized instructor on various maneuvers and
procedures.\59\ 14 CFR 61.93. For applicants for a single engine
airplane rating, the maneuvers and procedures for a cross-country solo
endorsement include flight training on control and maneuvering the
airplane solely by reference to the instruments. 14 CFR 61.93(e)(12).
Sport pilot applicants are not required to receive this specific
training unless the airplane they are using to accomplish solo cross-
country flight has a Vh (maximum speed in level flight with
maximum continuous power) greater than 87 knots calibrated air speed
(CAS). The FAA believes that sport pilot flight schools currently use
flight instructors certificated under subpart H to provide training in
these airplanes.
---------------------------------------------------------------------------
\59\ To accomplish solo cross-country flight time, a sport pilot
must obtain a student pilot certificate, receive flight training,
and obtain an endorsement from an authorized instructor. 14 CFR
61.93.
---------------------------------------------------------------------------
The FAA is proposing to authorize sport pilot instructors to
provide training on control and maneuvering solely by reference to the
instruments to sport pilot applicants receiving flight training for the
purpose of solo cross-country requirements in an airplane that has a
Vh greater than 87 knots CAS. Because a sport pilot
instructor is not evaluated on this instructional knowledge, the FAA is
proposing to require a sport pilot flight instructor to receive
training and an endorsement from a flight instructor certificated under
subpart H that affirms the sport pilot flight instructor has been found
competent and is qualified to provide flight training on tasks and
maneuvers performed solely by reference to the flight instruments. A
subpart H instructor is necessary to provide the training and
endorsement to a sport pilot flight instructor because the subpart H
flight instructor is instrument rated and would be knowledgeable on the
appropriate techniques for safely accomplishing flight by reference to
the flight instruments. The FAA is not requiring a sport pilot flight
instructor to receive this endorsement. The
[[Page 29734]]
endorsement would only be required if the sport pilot flight instructor
seeks the privilege of providing training to sport pilot applicants on
maneuvering solely by reference to the flight instruments.
The proposed endorsement would require the sport pilot flight
instructor to receive a minimum of 1 hour of ground training and 3
hours of flight training.\60\ The hour of ground training should
emphasize a flight instructor's role, risk, and responsibilities in
providing this type of training, evaluation and authorization. This
basic instrument flight training should involve flight training for the
purpose of giving instruction on control and maneuvering solely by
reference to the instruments including straight and level flight,
turns, descents, climbs, use of radio aids, and air traffic control
directives. 14 CFR 61.93(e)(12). The FAA believes that the sport pilot
flight instructor already has demonstrated proficiency in the
fundamentals of instruction and course development. The endorsement
would ensure that the sport pilot instructor has received appropriate
training and assessment from an authorized Subpart H instructor to
enable the sport pilot flight instructor to provide this training
effectively and safely.
---------------------------------------------------------------------------
\60\ Private pilot applicants have a similar requirement under
Sec. 61.109(a)(3) that requires 3 hours of flight training in a
single-engine airplane on the control and maneuvering of an 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.
---------------------------------------------------------------------------
The FAA is proposing to add new Sec. 61.412 that would establish
training and endorsement requirements for those sport pilot flight
instructors who want to provide training for sport-pilot applicants on
control and maneuvering solely by reference to the flight instruments.
This training is not required. Rather, the proposed change would allow
a flight instructor with only sport pilot rating to provide all the
training requirements for the sport pilot certificate. The FAA is
proposing to revise Sec. 61.415 by adding a new paragraph (h) to
clarify that a sport pilot flight instructor may not conduct flight
training on control and maneuvering an aircraft solely by reference to
the instruments in an airplane that has a Vh greater than 87
knots CAS without meeting the requirements in proposed Sec. 61.412.
Because a sport pilot flight instructor is not currently authorized to
provide this training, the FAA is not placing any new limitation on
sport pilot flight instructors.
The FAA is proposing to make a corresponding change to Sec.
91.109(c). Under that section, no person may operate a civil aircraft
in simulated instrument flight unless the other control seat is
occupied by a safety pilot who possesses at least a private pilot
certificate with category and class ratings appropriate to the aircraft
being flown. As such, a flight instructor with a sport pilot rating
only (who holds no other pilot certificates) cannot currently act as
safety pilot in simulated instrument flight. As proposed, the FAA would
revise Sec. 91.109(c) to permit a sport pilot instructor who has
obtained the endorsement proposed in Sec. 61.412 to serve as a safety
pilot only for the purpose of providing flight training on control and
maneuvering solely by reference to the instruments to a sport pilot
applicant seeking a solo endorsement in an airplane with a
Vh greater than 87 knots CAS. This serves the purpose of
qualifying the sport pilot student for solo cross-country endorsement.
2. Credit for Training Obtained as a Sport Pilot
In the NPRM that proposed to establish the certification and
qualification requirements for sport pilots, the FAA indicated that a
pilot would be able to credit ``training time and aeronautical
experience logged as a sport pilot'' toward the requirements for higher
certificates in accordance with the logging requirements in Sec.
61.51. 67 FR 5368, 5411 (February 2, 2002). Under Sec. 61.51(h), a
person may log training time when that person receives training from an
authorized instructor in an aircraft, full flight simulator, or flight
training device.\61\
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\61\ An authorized instructor for purposes of a sport pilot
certificate includes a flight instructor certificated under subpart
H of part 61 and a sport pilot instructor certificated under subpart
K of part 61 provided the instructor holds the appropriate ratings
for the aircraft in which the training is being provided.
---------------------------------------------------------------------------
A sport pilot instructor is authorized, within the limits of his or
her certificate, to provide training and endorsements required for: (1)
A student pilot seeking a sport pilot certificate; (2) a sport pilot
certificate; (3) a flight instructor certificate with a sport pilot
rating; (4) a powered parachute or weight-shift control aircraft
rating; (5) sport pilot privileges; (6) a flight review or operating
privilege for a sport pilot; (7) a knowledge test or practical test for
a sport pilot certificate; (8) a private pilot certificate with a
powered parachute or weight-shift-control aircraft rating or a flight
instructor certificate with a sport pilot rating; and (9) a proficiency
check for an additional category or class privilege for a sport pilot
certificate or flight instructor certificate with a sport pilot rating.
14 CFR 61.413.
A sport pilot instructor, therefore, is not authorized to conduct
training for a recreational pilot certificate or a private pilot
certificate with airplane, rotorcraft, glider, or lighter-than-air
category ratings. As such, under Sec. 61.51(h), a pilot may not count
flight training received from a flight instructor with only a sport
pilot rating (subpart K instructor) towards the training requirements
for a recreational pilot certificate or a private pilot certificate
with category ratings other than powered parachute and weight-shift
control aircraft.\62\
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\62\ A pilot may, however, count hours accumulated as a sport
pilot toward the flight time (as opposed to flight training)
requirements for a higher certificate in accordance with the
requirements in Sec. 61.51.
---------------------------------------------------------------------------
Under current regulations, however, if a pilot receives flight
training in a light-sport aircraft \63\ for a sport pilot certificate
from an instructor who is also authorized to provide training for a
private pilot certificate (subpart H instructor), the flight training
provided by that instructor may ``be credited toward the flight
training requirements for a corresponding private pilot certificate,
provided the instructor has met all applicable requirements necessary
to provide that instruction at the private pilot level.'' See Legal
Interpretation from Rebecca B. MacPherson to Tim Kern, July 24, 2009.
By permitting this training time to be logged toward both certificates,
the FAA has recognized that ``many of the areas of operation on which
an applicant for a sport pilot certificate is required to receive
training are identical to those on which an applicant for a private
pilot certificate is also required to receive training.'' Kern
Interpretation.
---------------------------------------------------------------------------
\63\ The requirements of a light-sport aircraft are defined in
14 CFR 1.1.
---------------------------------------------------------------------------
In January 2011, the Aircraft Owners and Pilots Association, the
Experimental Aircraft Association, the General Aviation Manufacturers
Association and the National Association of Flight Instructors
petitioned the FAA to allow pilots to credit the flight training
received from a sport pilot instructor towards the training
requirements for recreational pilot and private pilot certificates.\64\
As suggested in the petition, flight training obtained while training
for a sport pilot certificate would be eligible toward some of the
hours of flight training required for these higher certificates.
[[Page 29735]]
The petitioners stated that, by allowing training received in pursuit
of a sport pilot certificate to be credited toward the training
requirements of higher certificates, there would be greater incentive
to pursue these higher certificates, thereby enhancing safety and
encouraging involvement in a wider range of aviation activities.
---------------------------------------------------------------------------
\64\ http://www.regulations.gov; Docket No. FAA-2011-0138.
---------------------------------------------------------------------------
Under current regulations, to obtain a sport pilot certificate with
airplane category single engine (land or sea) class privileges,
rotorcraft category gyroplane class privileges, or lighter-than-air
category airship class privileges, a pilot must complete 20 hours of
flight time including at least 15 hours of flight training from an
authorized instructor on various areas of operation.\65\ A sport
pilot's flight training involves takeoffs and landings to a full stop,
cross-country flight requirements, and solo flight time in a light-
sport aircraft.\66\ Finally, a sport pilot applicant must demonstrate
proficiency on certain tasks and maneuvers during a practical test. 14
CFR 61.313.
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\65\ To obtain a sport pilot certificate with a lighter-than-air
category balloon class privileges, a pilot must complete 7 hours of
flight time that includes three flights with an authorized
instructor. To obtain a sport pilot certificate with glider category
privileges, a pilot must complete 10 hours of flight time including
10 flights with an authorized instructor if the pilot has less than
20 hours of flight time in a heavier-than-air aircraft.
\66\ Light-sport aircraft used for sport pilot training function
the same as other certificated aircraft. In fact, a person could use
a light-sport aircraft to accomplish training for a private pilot
certificate if he or she chose.
---------------------------------------------------------------------------
An applicant for a recreational pilot certificate or a private
pilot certificate must complete flight training on many of the same
tasks and maneuvers required for a sport pilot certificate. In fact,
many of the tasks and maneuvers outlined in the practical test
standards for a sport pilot mirror the requirements in the practical
test standards for recreational or private pilots. For example, ten of
the twelve areas of operation required in the airplane practical test
standards for private pilot are also listed in the airplane practical
test standards for sport pilot. These areas of operation must be
performed to identical proficiency standards. As with sport pilot
applicants, the flight training for recreational and private pilot
certificates includes cross-country flight time, takeoffs and landings
to a full stop, and solo flight time. 14 CFR 61.99, 61.109.
Because of the common areas of operation and proficiency standards
in flight training for sport pilots, recreational pilots, and private
pilots, the FAA is proposing to revise Sec. 61.99 and add new
paragraph (l) to Sec. 61.109 to allow flight training received from a
sport pilot instructor who does not also hold a flight instructor
certificate issued under the requirements in subpart H to be credited
towards a portion of the flight training requirements for a
recreational or private pilot certificate with airplane, rotorcraft, or
lighter-than-air categories.\67\ Any training received from a sport
pilot instructor that would be credited under this proposal must be
completed in an aircraft appropriate to the category and class rating
for the recreational or private pilot certificate sought.
---------------------------------------------------------------------------
\67\ The FAA notes this situation is different from logging
requirements for higher certificate levels. Generally, a pilot may
use all of his or her flight time to meet the total minimum flight
hours for a certificate when applying for a higher pilot
certificate. For example, a pilot who has 80 total flight hours when
he or she passes the practical test for a private pilot certificate
may count those 80 hours toward the 250 hours of flight time
required to apply for a commercial pilot certificate. Training time
accomplished prior to private pilot certification, however, may not
be used to meet the training requirements for a commercial pilot
certificate. See Legal Interpretation from Rebecca B. MacPherson to
Richard Theriault, October 8, 2010.
---------------------------------------------------------------------------
The following table reflects the current regulatory flight training
hour requirements for recreational pilots and private pilots for
specific categories and classes of aircraft. The last column reflects
the sport pilot flight training hours that the FAA is proposing to
allow a sport pilot to credit toward those higher certificates.
Table 2--Current and Proposed Flight Training Hour Requirements
----------------------------------------------------------------------------------------------------------------
Current recreational Current private pilot Sport pilot training
Aircraft categories pilot requirements requirements proposed to be credited
----------------------------------------------------------------------------------------------------------------
Airplane category--Single Engine..... 15 hours of training... 20 hours of training... 10 training hours.
Rotorcraft category--Gyroplane....... 15 hours of training... 20 hours of training... 10 training hours.
Lighter-than-air category--Airship... No rating at 25 hours of flight 12.5 training hours.
recreational pilot training.
certificate level.
Lighter-than-air category--Balloon... No rating at 10 hours of flight 5 hours of flight
recreational pilot training including six training including
certificate level. training flights with three training flights
an authorized with an authorized
instructor. instructor.
----------------------------------------------------------------------------------------------------------------
In proposing this change, the FAA acknowledges that,
notwithstanding the number of common training tasks, a private pilot
applicant is trained and tested on certain tasks and maneuvers above
those that are required for a sport pilot certificate including 3 hours
of night training, 3 hours of flight by reference to instruments,
operations at an airport with an operating control tower, and some
additional cross-country time requirements.\68\ For that reason, the
FAA is proposing to permit a sport pilot to credit only a portion of
the flight training toward higher certificates. The FAA is not
proposing to expand the privileges of a flight instructor who holds
only a sport pilot rating, other than as discussed previously in
section III.D.1 of this preamble, which proposes to authorize sport
pilot instructors to provide training on control and maneuvering solely
by reference to the instruments to sport pilot applicants receiving
flight training for the purpose of solo cross-country requirements,
subject to certain conditions. Rather, the FAA is proposing to allow a
pilot to credit a portion of flight training received from a sport
pilot instructor toward the training hour requirements for higher
certificates. As under current procedures, a designated pilot examiner
would be required to validate an applicant's eligibility before
administering the practical test.
---------------------------------------------------------------------------
\68\ Night and instrument time are not required for balloon,
powered parachute, or weight-shift control aircraft at the private
pilot certification level.
---------------------------------------------------------------------------
The FAA believes that there are sufficient safeguards including
successful completion of a knowledge test and practical test to prevent
any reduction in safety. The applicant for a recreational or private
pilot certificate would still be required to complete all the
requirements for that specific certificate or rating, including the
appropriate aeronautical experience requirements, aeronautical
knowledge requirements, flight proficiency standards, and preparation
for the practical test. For example, a person
[[Page 29736]]
with a sport pilot certificate with an airplane category single engine-
land class rating applying for a private pilot certificate with
airplane category single engine-land class rating would need flight
training from a subpart H flight instructor for private pilot tasks
including, but not limited to, night, cross-country, tower operations,
flight solely by reference to the flight instruments, and preparation
for the practical test.
In addition to completing the aeronautical experience requirements
with a flight instructor certificated under subpart H, an applicant for
a recreational or private pilot certificate would be required to
receive a minimum of three hours of training within 60 days of the
practical test from a flight instructor certificated under subpart H. A
flight instructor certificated under subpart H would be required to
conduct training on all the areas of operation for a private pilot
certificate and certify that the applicant is prepared for the
practical test. 14 CFR 61.103(f). Moreover, only a subpart H flight
instructor could recommend the applicant for the recreational or
private pilot practical test. Ultimately, the practical test provided
by an FAA designated pilot examiner would provide confirmation that the
pilot has achieved the appropriate level of proficiency required for
the higher pilot certification.
The FAA believes the additional training required and provided by a
subpart H instructor, and the requirement for the applicant to pass a
knowledge test and practical test to the standards required for that
higher certificate, would ensure an appropriate level of experience,
proficiency and safety.
As an alternative to this proposal, the FAA considered allowing all
training received from a sport pilot instructor to be credited by an
applicant seeking a recreational or private pilot certificate. An
applicant would still be required to obtain a minimum of three hours of
training in preparation for the practical test (within the preceding 2
calendar months) from a flight instructor under subpart H, as well as
be endorsed by a flight instructor under subpart H as being prepared
for the required practical test. The FAA solicits public comment, and
any associated data, on this alternative.
E. Pilot School Use of Special Curricula Courses for Renewal of
Certificate
The FAA may issue an initial pilot school certificate to a
provisional pilot school or may renew a pilot school certificate
provided the applicant meets the requirements of Sec. 141.5. Section
141.5(d) currently requires, within the preceding 24 calendar months,
the pilot school applicant to have established a pass rate of 80
percent or higher on the first attempt for all knowledge tests leading
to a certificate or rating, practical tests leading to a certificate or
rating, or end-of-course tests for an approved training course
specified in appendix K of that part before the FAA may issue or
reissue a pilot school certificate. In addition, Sec. 141.5(e)
requires the pilot school applicant to have graduated at least 10
different people from the school's approved training courses within the
previous 24 calendar months. If an applicant for renewal does not meet
the quality of training requirements in Sec. 141.5(d) and the recent
training ability requirements in Sec. 141.5(e), the FAA may issue a
provisional pilot school certificate in accordance with the
requirements in Sec. 141.7.\69\ 14 CFR 141.27(a)(3).
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\69\ Section 141.27 contains the standards for renewing a pilot
school certificate. The FAA may renew a pilot school certificate if,
among other things, the pilot school meets the ``recent training
ability and quality'' of part 141.
---------------------------------------------------------------------------
Section 141.53 prescribes the general procedures for a pilot school
(or provisional pilot school) concerning the outline of each training
course for which the school seeks FAA approval. Often these approved
courses lead to a certificate or rating under part 61 or are specific
courses set forth in appendix K to part 141 such as training for
agricultural aircraft and rotorcraft external-load operations. Section
141.57 also permits a school to receive approval of a special
curriculum course. The FAA has approved numerous special curricula
courses under Sec. 141.57 that do not lead to a pilot certificate or
rating such as crew resource management, the use of night vision
goggles, high performance aircraft training, complex airplane training,
turbo-prop transition training, and tail-wheel training. While the FAA
is able to approve these courses, and both provisional pilot schools
and pilot schools are able to graduate students from these courses,
they do not lead to a certificate or rating for the pilots nor are they
listed in appendix K to part 141. Therefore, under Sec. 141.5, the
graduates that complete these special curricula courses currently may
not be counted when calculating the 80 percent pass rate required for
issuance or renewal of a pilot school certificate.
Although these special curricula courses do not result in a
certificate or rating for the individual pilot, they do require the
pilot school to develop a course curriculum, and an FAA Principal
Operations Inspector must review and approve the course. In some
instances the completion of the course leads to a required logbook
endorsement such as a tail-wheel, complex, or high performance
endorsement. In other cases, the course is designed to improve a
pilot's skills in certain areas and environments such as crew resource
management, aerobatics, or mountain flying. If a provisional pilot
school is certificated on the basis of special curriculum courses
alone, the school will not be able to meet the renewal criteria of
Sec. 141.5(d) because the courses do not involve testing for a
certificate or rating and are not courses listed in appendix K of part
141.\70\ The FAA believes there is a necessity to support part 141
pilot schools that provide instruction for special curriculum courses
under Sec. 141.57.
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\70\ Some pilot schools have previously requested exemptions
from Sec. 141.5 in order to be eligible for the issuance or renewal
of a pilot school certificate. The FAA has generally denied these
petitions. One exemption was granted to a balloon pilot school that
had graduated nine students from 22 different courses and had a 100%
pass rate for the pilot certification of their students (Exemption
No. 10155A). The exemption was granted due to the limited number of
students that receive balloon pilot training and the continuing need
for a balloon school in the area. Another exemption was granted to a
pilot school in Guam on the basis that there were no other pilot
schools in the geographic area (Exemption No. 10435).
---------------------------------------------------------------------------
Therefore, the FAA is proposing to amend Sec. 141.5(d) to allow
part 141 pilot schools that hold training course approvals for special
curricula courses to renew their certificates based on their students'
successful completion of an end-of-course test for these FAA approved
courses. This proposed change would expand the opportunity for pilot
schools to maintain part 141 certification and reduce the number of
exemption requests submitted to the FAA. The FAA developed part 141 to
allow for expanded oversight and the promotion of structured pilot
training courses. The Principal Operations Inspector who approves the
special curricula course would provide continued oversight and validity
of these programs, as is done with any course approved under part 141.
Allowing pilot schools to renew their certificates based on special
curricula course graduations promotes this type of organized training
and FAA oversight of pilot training activities.
If a student fails the end-of-course test for that special
curricula course, the student would be recorded as a failure for
purposes of calculating the 80 percent pass rate. The FAA believes that
this is reasonable due to the fact that special curricula courses do
not contain the specific training requirements found
[[Page 29737]]
in the appendices to part 141. The FAA proposes to modify Sec.
141.5(d) accordingly.
Allowing this additional method of part 141 pilot school renewal
would benefit schools that only provide special curricula courses,
without requiring an additional certificate course approval that would
add cost and complexity to the pilot school operation. Benefits would
include promotion of FAA approved pilots schools and increase in
available FAA-approved training courses.
The FAA notes that FAA web-based Operations Safety System (WebOPSS)
authorizations are available for part 141 schools and can be a method
of providing approvals for special curricula courses and other
authorizations provided to pilot schools.
F. Temporary Validation of Flightcrew Members' Certificates by Part 119
Certificate Holders Conducting Operations Under Parts 121 or 135
Current regulations require a person who serves as a required pilot
flightcrew member of a United States civil aircraft to have a pilot
certificate in his or her physical possession or readily accessible in
the aircraft when exercising the privileges of that certificate. 14 CFR
61.3(a). The regulations also require a person who serves as a required
pilot flightcrew member to have an appropriate medical certificate and
government-issued photo identification in his or her physical
possession or readily accessible in the aircraft. 14 CFR 61.3(c). In
the case of a lost or stolen airman certificate or medical certificate,
Sec. 61.29(e) permits a pilot to request a document conveying
temporary authority to exercise certificate privileges, which may be
carried as an airman certificate or medical certificate for up to 60
days. Requests for these temporary documents can be made to the FAA
Aeromedical Certification Branch or the Airman Certification Branch, as
appropriate.
For airman certificates, this request can be accomplished online
through Airman Online Services \71\ or by letter to the Airmen
Certification Branch.\72\ When using Airman Online Services, the Airman
Certification Branch can immediately issue a document by fax or email
that is valid for 60 days and provides temporary authority to exercise
the privileges of a pilot certificate to an airman.
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\71\ The FAA airman services Web site (https://amsrvs.registry.faa.gov/amsrvsLogon.asp) states that ``* * * you may
request temporary authority to exercise certificate privileges of a
valid airman and/or medical certificate or verification of an
expired flight instructor certificate in the form of a facsimile
(FAX) or email. This authority will be valid for 60 days pending
receipt of a permanent replacement certificate or reinstatement of
an expired flight instructor certificate. Only one (1) on-line
request for temporary authority can be obtained within any six (6)
month period.''
\72\ When a request is made by letter, the Airman Certification
Branch issues a replacement certificate rather than providing a
document conveying temporary authority.
---------------------------------------------------------------------------
Although the temporary document obtained from the Airman
Certification Branch through the Airman Online Services Web site also
reflects the airman's medical certificate information, this document is
not a sufficient verification of an airman's medical certificate. An
airman still must obtain 60-day temporary authority of medical
certification from the Aeromedical Certification Branch, which is only
available by fax or mail.\73\ Under the current process, a pilot can
make a phone call during normal business hours requesting a temporary
60-day document for the medical certificate, which can be faxed to the
airman. Currently there is no FAA online service available to request a
temporary document confirming medical certification.
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\73\ Under Sec. 61.29(b), a request for the replacement of a
lost or destroyed medical certificate must be made by letter to the
Department of Transportation, FAA, Aerospace Medical Certification
Division, P.O. Box 26200, Oklahoma City, OK 73125, or in any other
manner and form approved by the Administrator.http://www.faa.gov/licenses_certificates/airmen_certification/contact_airmen_certification/.
---------------------------------------------------------------------------
If a pilot does not have a pilot certificate (or a document issued
under Sec. 61.29 conveying temporary authority), medical certificate,
and government-issued photo ID in his or her physical possession, a
flight cannot be conducted with that person acting as PIC or SIC. Since
1992, the FAA has issued exemptions to part 119 certificate holders
conducting operations under parts 121 and 135 to permit them to issue
temporary verification documents to flightcrew members who do not have
their airman certificates or medical certificates in their personal
possession for a particular flight.\74\ The FAA has determined that
good cause exists to issue these exemptions to prevent cancelation of
flights in situations where a pilot flightcrew member's pilot
certificate or medical certificate is valid but not physically
available. With the emergence of Airman Online Services, the FAA has
added as a condition of these exemptions that the relief is intended
for situations where the pilots may not have Internet access or other
means to expeditiously receive a document from the FAA under Sec.
61.29(e).
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\74\ Currently, there are 10 active exemptions granted for
relief of Sec. 61.3(a) and (c) to part 119 certificate holders.
These exemptions include air carrier associations such as Regional
Airline Association (RAA) (Exemption No. 5560, as amended) and
Airlines for America (A4A) (Exemption No. 5487, as amended). RAA
currently lists 26 air carrier members (http://www.raa.org) while
A4A represents most mainline part 121 air carriers including Alaska
Airlines, American Airlines, Hawaiian Airlines, JetBlue Airways,
Southwest Airlines, United Airlines, UPS, and Federal Express
(http://www.airlines.org). By including the participating members of
RAA and A4A, there may be more than 65 part 119 certificate holders
eligible to exercise the privileges of these exemptions for relief
from Sec. 61.3(a) and (c).
---------------------------------------------------------------------------
Under the terms of the exemption, a part 119 certificate holder may
provide its pilots with a temporary 72-hour verification document when
an airman certificate or medical certificate is lost, damaged, or
destroyed. This method is known as the Air Carrier Certificate
Verification Plan.\75\ Issuance of a verification document to a pilot
flightcrew member is based on information contained in the certificate
holder's approved record system. The certificate holder's POI must
approve the procedure.
---------------------------------------------------------------------------
\75\ 8900.1 Volume 5, Chapter 1, Section 7, paragraph 5-153 (C).
---------------------------------------------------------------------------
Additionally, the FAA places certain conditions and limitations on
a certificate holder as part of the exemption including, but not
limited to: Requiring the pilot to carry a copy of the exemption
onboard when the relief is utilized, ensuring an alternate method for
proper identification of the pilot, requiring the pilot to comply with
Sec. 61.29(e) and obtain a replacement certificate after the 72-hour
period has elapsed if the original certificate remains unavailable, and
limiting the relief in the exemption to operations conducted entirely
within the District of Columbia and the 48 contiguous States of the
United States.
Since the exemption process is not the appropriate method to
provide continuing relief sought by these certificate holders, the FAA
is proposing to amend Sec. Sec. 121.383(c) and 135.95 to allow part
119 certificate holders conducting operations under part 121 or 135 to
provide their pilot flightcrew members a temporary verification
document (valid for 72 hours) without the need of an FAA exemption. The
FAA is also proposing to amend Sec. 61.3(a) to permit the documents
provided by certificate holders to be carried as an airman certificate
or medical certificate, as appropriate. As amended, Sec. 61.3(a) would
permit flightcrew members to carry documents provided by a certificate
holder only on flights conducted for the part 119 certificate holder
including ferry flights to reposition aircraft. If the pilot
[[Page 29738]]
flightcrew member's pilot or medical certificate remains unavailable
after 72 hours, the pilot flightcrew member would be required to comply
with the requirements of Sec. 61.29 and request a 60-day temporary
confirmation document from the Airman Certification Branch or the
Aeromedical Certification Branch until a replacement certificate is
issued and in the possession of that airman.
A temporary verification document issued by the certificate holder
would remain a short-term solution for a period not to exceed 72 hours.
Placing this 72-hour time limitation on the verification document
issued by the certificate holder would ensure that the airman obtains
an official document from the Airman Certification Branch or
Aeromedical Certification Branch under Sec. 61.29(e) when a document
remains unavailable after 72 hours.
Consistent with the conditions and limitations set forth in the
exemptions, the FAA is proposing that a certificate holder would be
required to obtain approval from the Principal Operations Inspector to
exercise this privilege. The FAA intends to establish a process within
the web-based Operations Safety System (WebOPSS) \76\ program to
facilitate approval of the Air Carrier Certificate Verification Plan.
Under this proposed process, the Principal Operations Inspector would
provide the authorization to issue a pilot certificate or medical
certificate verification document through WebOPSS, which would permit
the FAA to approve and oversee the authorization through established
operations specifications procedures.\77\ The FAA believes that public
safety and interest would be preserved with the approval and oversight
of the certificate holder's Principal Operations Inspector.
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\76\ WebOPSS is a web-based program for issuance of operations
specifications (OpSpecs) to 14 CFR part 119, 133, and 145
certificate holders, and part 129 operators.
\77\ This would be in lieu of utilizing the FAA Airmen Online
Services Web site that can provide temporary authority in the form
of a facsimile (fax) or email. This also would apply to the
temporary authority for the medical certificate provided by fax from
the Aeromedical Branch.
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When these exemptions were first granted in 1992, access to the
Internet was limited or unavailable and obtaining a temporary document
quickly from the FAA was difficult. This fact has changed with today's
information technology revolution. The FAA believes that the current
proliferation of personal electronic devices with 24/7 Internet
information and email access will likely keep the use of this new
provision at a minimum. If this rule is finalized as proposed, the FAA
will provide updated FAA Order 8900.1 guidance regarding how a
certificate holder may obtain authority to provide its pilots a
temporary 72-hour certificate verification document. The FAA would
continue to provide relief through exemptions until a final rule is
published and the certificate holder has obtained authority under the
regulation from its Principal Operations Inspector.
The current exemptions issued to part 119 certificate holders
conducting part 121 operations also provide exemption from Sec.
63.3(a) to allow certificate holders to issue temporary verification
documents to flight engineer flightcrew members who do not have their
airman certificates or medical certificates in their personal
possession for a particular flight. Accordingly, the FAA is proposing
to amend Sec. 63.3(a) to permit the documents provided by certificate
holders to be carried as an airman certificate or medical certificate,
as appropriate. As amended, Sec. 63.3(a) would permit flightcrew
members to carry documents provided by a certificate holder only on
flights conducted for the part 119 certificate holder including ferry
flights to reposition aircraft. If the flight engineer flightcrew
member's airman or medical certificate remains unavailable after 72
hours, the flight engineer flightcrew member would be required to
comply with the requirements of Sec. 63.16 and request a 60-day
temporary confirmation document from the Airman Certification Branch or
the Aeromedical Certification Branch until a replacement certificate is
issued and in the possession of that airman.
The FAA notes that, as proposed, this relief for pilots and flight
engineers is available only for flights conducted entirely within the
United States.\78\ Article 29 of the Convention on International Civil
Aviation requires that every aircraft engaged in international
navigation shall carry ``the appropriate licenses for each member of
the crew.'' Temporary verification documents provided by the
certificate holder from its training records would not meet the
requirements of the Convention.
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\78\ The exemptions limited the relief to those flights
conducted entirely within the District of Columbia and the 48
contiguous States. As proposed, the relief is expanded to any flight
conducted entirely within the United States.
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G. Military Competence for Flight Instructors
Issuance of a Flight Instructor Certificate
The requirements for the issuance of a flight instructor
certificate are set forth in subpart H of part 61. These requirements
include receiving training appropriate to the flight instructor rating
sought, successful completion of a knowledge test, and demonstration of
instructional proficiency during a practical test with an examiner. In
the 2009 final rule, the FAA promulgated Sec. 61.73(g) (74 FR 42555),
which for the first time allowed a current or former military
instructor or military examiner to obtain an FAA flight instructor
certificate based on experience obtained in the military (i.e.,
military competence) rather than meeting the requirements in subpart H.
Section 61.73(g) specifies that a current or former military
instructor or examiner may apply for and be issued an initial flight
instructor certificate with appropriate ratings or add a rating to an
existing flight instructor certificate if he or she meets the following
requirements: \79\
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\79\ These requirements are paraphrased from the existing
regulatory text found in Sec. 61.73(g).
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Hold at least a commercial pilot certificate with category
and class ratings appropriate to the flight instructor certificate
sought;
Hold an instrument rating (or have instrument privileges)
on his or her pilot certificate appropriate to the instructor rating
sought;
For applicants that currently do not hold a flight
instructor certificate, pass a knowledge test on the aeronautical
knowledge areas listed under Sec. 61.185(a); \80\
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\80\ The FAA requires applicants to satisfy this requirement by
passing the Military Competence Instructor (MCI) knowledge test.
This test is composed of 125 questions and requires the applicant to
demonstrate knowledge in the areas of fundamentals of instructing,
14 CFR parts 61 and 91, attitude flying, and basic flight
instruments.
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Present a record that shows the person is or was qualified
as a U.S. Armed Forces military instructor pilot or pilot examiner
appropriate for the flight instructor rating sought;
Present a record 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; and
Present a record that shows that 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.
The 2009 final rule did not impose any time restrictions for the
qualifying military events described by
[[Page 29739]]
Sec. 61.73(g).\81\ The absence of time restrictions allows applicants
to use military instructor experience obtained any time prior to the
date of application as a basis for the issuance of an initial flight
instructor certificate.
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\81\ For decades, FAA regulations have allowed military pilots
to apply for FAA pilot certificates and ratings based on military
competency. Prior to 2009, those military pilots who applied for an
FAA pilot certificate more than 12 months after they were on active
flying status were required to take and pass a practical test. Those
military pilots who were on active flying status within 12 months of
the date of application for an FAA pilot certificate were not
required to take and pass a practical test. The 2009 final rule
removed the time restriction from Sec. 61.73 and required that
military pilots take and pass only a knowledge test to obtain an FAA
certificate, regardless of the time that had elapsed since they were
on active flying status. The FAA introduced the military instructor
competence provision in 2009 without any time restriction.
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Renewal and Reinstatement of a Flight Instructor Certificate
The holder of a flight instructor certificate must renew that
certificate every 24 calendar months to continue to exercise instructor
privileges. Section 61.197 describes the methods by which a flight
instructor may accomplish that renewal, including: (1) Completing a
flight instructor refresher course (FIRC); (2) providing a record
showing that the instructor served as a check pilot in an air carrier
operation; (3) providing a record showing within 24 calendar months 80%
of the flight instructor's students have passed a practical test on the
first attempt (five or more recommendations); (4) completing a
practical test for additional flight instructor rating; or (5)
providing a record showing that within the preceding 12 months from the
month of application the flight instructor passed an official U.S.
Armed Forces instructor pilot proficiency check. 14 CFR 61.197(a). The
2009 final rule that established military instructor competency added
military instructor pilot proficiency checks to the list of renewal
options for a flight instructor certificate.
If a flight instructor fails to accomplish one of the renewal
requirements, the flight instructor certificate expires, and the
instructor may no longer exercise the privileges of that certificate
until it is reinstated. To reinstate an expired flight instructor
certificate, a person must pass a practical test for a previously held
instructor rating or a new rating.\82\ 14 CFR 61.199. Special Federal
Aviation Regulation (SFAR) 100-2 provides the only other avenue by
which to reestablish the privileges of an expired flight instructor
certificate. Under that provision, a person who served in a U.S.
military or civilian capacity outside the United States in support of a
U.S. Armed Forces' operation is eligible for renewal of an expired
flight instructor certificate, provided the instructor completes one of
the renewal requirements in Sec. 61.197 within six calendar months of
returning to the United States.
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\82\ The minimum tasks that must be demonstrated during a
practical test are found in the Flight Instructor Practical Test
Standards, as appropriate for the category being tested.
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The Proposed Rule
Since the final rule was published in 2009, the FAA has received
numerous comments from military instructors regarding renewal and
reinstatement of their flight instructor certificates. For example,
some military instructors--who had obtained their initial flight
instructor certificate by completing the requirements in subpart H
rather than through military competence--wanted to use Sec. 61.73(g)
to reinstate their expired flight instructor certificates. Unless the
expired flight instructor certificate can be renewed in accordance with
SFAR 100-2, the express language in Sec. 61.199 requires the holder of
an expired flight instructor certificate to reinstate that certificate
by completing a practical test. Some military instructors noted that it
seemed inequitable to allow military instructors who had not instructed
for many years to obtain an initial flight instructor certificate
without being required to demonstrate proficiency while at the same
time requiring an active military flight instructor (who had obtained
that certificate by meeting the requirements of subpart H) to pass a
practical test to reinstate his or her expired flight instructor
certificate.
As another example, some military instructors have sought to renew
their certificates based on the addition of a military instructor
rating obtained outside the 12-month window set forth in Sec.
61.197(a). The FAA has stated through policy that, under Sec.
61.73(g), a military instructor is eligible to add a new rating
obtained in the military to a non-expired flight instructor
certificate; however, the flight instructor certificate retains the
existing expiration date unless the applicant added the rating within
the 12-month period preceding the date of the application for renewal.
As such, a person who holds a non-expired flight instructor certificate
and obtained a new rating through a military proficiency check
conducted outside of the 12-calendar month period preceding the month
of application for renewal retains the original expiration date on the
certificate rather than obtaining a new certificate valid for 24
months. Many military instructors commented that the addition of a
rating during any time prior to expiration of a flight instructor
certificate should result in the applicant receiving a certificate that
is valid for an additional 24 calendar months.
Based on these concerns, the FAA is proposing some changes to
Sec. Sec. 61.197 and 61.199 to accommodate renewal and reinstatement
of flight instructor certificates by military instructors and
examiners. The FAA is proposing to expand the 12-calendar-month
timeframe noted in Sec. 61.197(a)(2)(iv) to 24 calendar months. This
would allow a military instructor who has passed a U.S. Armed Forces
military instructor pilot proficiency check within the 24 calendar
months preceding the month of application to be eligible to renew his
or her certificate based on that proficiency check. Expanding this
timeframe would be consistent with the requirements for other methods
of renewal found in Sec. Sec. 61.197(a)(2)(i) and 61.197(a)(2)(ii).
The FAA believes that there would be no reduction of safety based on
this proposal as these instructors will have demonstrated knowledge and
skill during the same timeframe as is recognized for other methods of
renewal. Consistent with current regulations, those instructors who
apply to renew their certificates based on a military instructor
proficiency check completed more than 3 months from the date of
expiration of their current flight instructor certificate would receive
a certificate with an expiration date 24 months from the date that the
instructor submits his or her application for renewal. If the flight
instructor applies for renewal within 3 months of the expiration date
of the current instructor certificate, then the new expiration date
would be 24 months from the current date of expiration.
The FAA is also proposing to clarify in Sec. 61.197(a)(2)(iv) that
a flight instructor would be able to renew his or her certificate by
providing a record demonstrating that, within the previous 24 calendar
months, the instructor passed a military instructor pilot proficiency
check for a rating that the instructor already holds or for a new
rating. Consistent with current practice, an eligible military
instructor that applies for renewal under this provision would receive
a flight instructor certificate that reflects a date 24 calendar months
from the month that application for renewal is made to the FAA.
The FAA is also proposing to revise Sec. 61.199(a) to permit a
military instructor to reinstate his or her expired flight instructor
certificate by providing
[[Page 29740]]
a record showing that, within the previous six calendar months, the
instructor passed a U.S. Armed Forces instructor pilot or pilot
examiner proficiency check for an additional military rating. The FAA
has accepted a flight instructor or examiner proficiency check
conducted by the military to be equivalent to an FAA practical test for
the purposes of issuing initial flight instructor certificates, adding
ratings to existing flight instructor certificates, and for renewing
flight instructor certificates. Allowing a flight instructor to
reinstate his or her expired flight instructor certificate based on a
military instructor proficiency check for an additional rating would be
an extension of this precedent. Consistent with the existing
requirements for reinstatement, a military instructor seeking to
reinstate his or her certificate under the proposed provision would not
be required to take an additional knowledge test.
The expiration date of the reinstated flight instructor certificate
would be 24 calendar months from the date of the proficiency check (as
opposed to the date of the application). In addition, the FAA would
require the applicant to apply for reinstatement within 6 calendar
months of the proficiency check. The FAA believes that this would
provide the applicant adequate time to schedule an appointment with
either an FAA Aviation Safety Inspector or designee authorized to issue
a flight instructor certificate based on military competence. Allowing
the applicant 6 calendar months to apply for the reinstatement
following the proficiency check is consistent with the 6-calendar-month
allowance described in SFAR 100-2.\83\ The 6-calendar-month requirement
also ensures that FAA resources are being expended on a certificate
that will at least be valid for 18 calendar months following the date
of issuance.
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\83\ The FAA notes that SFAR 100-2 addresses applicants who are
unable to make a timely application due to being assigned outside
the United States in support of U.S. Armed Forces operations. Under
that provision, an applicant may meet any of the renewal
requirements listed in Sec. 61.197(a) to reinstate an instructor
certificate. The proposed rule, however, would only permit
reinstatement based on successful completion of a military
proficiency check to add a military instructor rating but would
apply to an applicant without regard to the location of their
assigned duty.
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The FAA is also proposing to add a temporary provision to Sec.
61.199 (new paragraph (c)) that would allow military instructors who
obtained their initial flight instructor certificate under subpart H to
reinstate that instructor certificate based on military competence
rather than by completing a practical test. Currently, those military
instructors with an expired instructor certificate (that was obtained
under subpart H) may only reinstate that certificate through an
additional practical test. This situation is in contrast to military
instructors that have never held a flight instructor certificate issued
under subpart H who have the ability to receive an initial instructor
certificate based on their military activity, even though their
military activity may have been prior to the military activity of the
individual that holds an expired instructor certificate. As noted
previously, the FAA has received commentary that this situation,
resulting from the current regulations, is inequitable.
This proposed temporary provision would provide a reinstatement
method for military instructors and examiners who allowed their FAA
instructor certificates to expire before the regulations permitted them
to add a rating based on military instructor competence. This temporary
provision in Sec. 61.199(c) would allow for a military instructor or
examiner that meets the following requirements to obtain a reinstated
flight instructor certificate. As proposed, a military instructor or
examiner who obtained his or her FAA flight instructor certificate
before October 20, 2009 (the effective date of the current regulations
that allow for the issuance of a flight instructor certificate based on
military competence), would be required to: (1) Provide a record
demonstrating that, since the initial flight instructor certificate was
issued, the person passed a U.S. Armed Forces instructor or pilot
examiner proficiency check for an additional military rating; and (2)
pass the MCI knowledge test within 24 calendar months preceding the
date of application for reinstatement. The FAA believes that requiring
the applicant to pass the knowledge test ensures that the person has
demonstrated recent knowledge of the areas found in the MCI test and is
consistent with the requirements for a person seeking an initial flight
instructor certificate based on military competence.
The temporary provision in Sec. 61.199(c), as proposed, would
remain in effect for one year to provide a military instructor or
examiner with an expired FAA instructor certificate issued under
subpart H enough time to reinstate their certificate based on military
competence. The FAA believes that one year is a sufficient time frame
to allow those individuals who would be affected by the provision to
apply for a reinstated instructor certificate.
H. Use of Aircraft Certificated in the Restricted Category for Pilot
Flight Training and Checking
Training and/or Checking in Restricted Category Aircraft
Basic certification requirements under 14 CFR part 21 state that an
applicant is entitled to a type certificate for an aircraft in the
restricted category for special purpose operations if the applicant
shows that no feature or characteristic of the aircraft makes it unsafe
when it is operated under the limitations prescribed for its intended
use.\84\ Additionally, the aircraft: (1) Must meet the airworthiness
requirements of an aircraft category except those requirements that the
FAA finds inappropriate for the special purpose for which the aircraft
is to be used; or (2) is of a type that has been manufactured in
accordance with the requirements of and accepted for use by, an Armed
Force of the United States and has been later modified for a special
purpose. 14 CFR 21.25(a). Special purpose operations \85\ for
restricted category aircraft are outlined in 14 CFR 21.25(b) and
include, agricultural operations, forest and wildlife conservation;
aerial surveying (photography, mapping, and oil and mineral
exploration); patrolling (e.g., pipelines, power lines, and canals);
weather control (e.g., cloud seeding); aerial advertising (skywriting,
banner towing, airborne signs and public address systems); and any
other operation specified by the FAA.\86\
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\84\ The applicant must also show that the aircraft complies
with the applicable noise requirements under 14 CFR part 36.
\85\ Already approved other special purpose operations under
Sec. 21.25(b)(7) are listed and further explained in FAA Order
8110.56 (as amended), Chapter 5.
\86\ Criteria for the approval of ``any other operation
specified by the FAA'' is outlined in FAA Order 8130.2 (as amended),
paragraph 408h.
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The special purpose operation for which the FAA certificates a
restricted category aircraft is set forth in the ``Certification
Basis'' section of the Type Certificate Data Sheet. This section will
list the applicable special purpose operation(s) as described in Sec.
21.25(b) and provides the only operations for which the restricted
category aircraft can be utilized.
Section 91.313 places express limitations on the operations that
may be conducted in a restricted category aircraft. The FAA first
proposed regulations establishing the operating limitations of aircraft
certificated in the restricted category in an NPRM on January 18, 1964.
29 FR 477. In the preamble, the FAA explained that it was
[[Page 29741]]
placing limitations on the use of restricted category aircraft because
the airworthiness certification standards for these aircraft are not
designed to provide the same level of safety that is required for
aircraft certificated in the standard category. The final rule was
published on February 18, 1965. 30 FR 2531.
Section 91.39, later recodified as Sec. 91.313,\87\ provided ``no
person may operate a restricted category civil aircraft for any purpose
other than the special purpose for which it is certificated'' or ``in
an operation other than one necessary to accomplish the work activity
directly associated with that special purpose.'' In 1968, the FAA
revised Sec. 91.39 to permit restricted category aircraft to be used
to train flightcrew members in the special purpose operation for which
the aircraft was certificated. 33 FR 12826 (September 11, 1968).
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\87\ The FAA recodified part 91 in 1989. 54 FR 34308 (August 18,
1989). No further amendments have been made since that time.
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The FAA recently determined that the operating limitations set
forth in Sec. 91.313 restrict operators from conducting flights
necessary for their PICs to obtain the type rating designations
required by Sec. 61.31(a). Practical tests for the addition of a type
rating designation to a pilot certificate, training in preparation for
such practical tests, or other flights necessary for the conduct of
such practical tests (such as observations required for designated
pilot examiner designation and surveillance) are outside the scope of
the special purpose operation(s) for which these restricted category
aircraft are certificated and not allowed under Sec. 91.313.
The FAA recognizes that this determination creates a regulatory
barrier for operators seeking to conduct flights to meet the type
rating requirements of Sec. 61.31 when a standard category aircraft in
the same category, class, and type is not reasonably available to the
operator. Several models of surplus military aircraft have entered
service as civil aircraft certificated in the restricted category.
Additionally, civil aircraft previously certificated in the standard or
transport category have been modified to take advantage of new
technologies or modified to add equipment designed to specifically
perform a mission covered by the special purpose operations outlined in
Sec. 21.25(b). The FAA has certificated these aircraft in the
restricted category under new type certificates. There are multiple
examples of aircraft certificated in the restricted category for which
there is no equivalent standard category aircraft including the civil
model CH-47D, the Lockheed P-2 Neptune (P2V), and the Air Tractor AT-
802A.
After the FAA informed operators that flights pertaining to pilot
certification were not expressly permitted by Sec. 91.313, several
operators applied for an exemption to this section. These petitions for
exemption sought relief to conduct pilot training for certification,
practical tests (for type rating designations), and PIC proficiency
checks required by Sec. 61.58 in aircraft certificated in the
restricted category.
Petitions for Exemption
On January 13, 2015, Billings Flying Service (Billings), a part 119
certificate holder authorized to conduct operations under parts 133,
135, 137, and 91 petitioned the FAA for an exemption from Sec.
91.313(a) \88\ to allow proficiency training, practical tests, or other
flights necessary for its pilot employees to obtain a type rating
designation in the S-61A and CH-47D rotorcraft.\89\ Billings explained
that it supports the United States government in fire suppression
operations which requires training and check flights for its pilots.
Pilots operating these aircraft for Billings are subject to the type
rating requirements and proficiency check requirements prescribed in
Sec. Sec. 61.31 and 61.58.
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\88\ Billings also requested relief from Sec. 91.313(b) which
allows an operator to consider flightcrew member training for the
special purpose operation for which the aircraft is certificated to
be an operation for that special purpose. The FAA determined that
since Billings will not be conducting training directly related to
the special purpose under this exemption but rather will be
conducting training and testing necessary for certification, relief
from Sec. 91.313(b) was not required.
\89\ Docket No. FAA-2015-0104. Exemption No. 11180.
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In its petition, Billings stated that it has conducted training and
proficiency checks for many years, and that such operations are safe,
present no additional risk to the public, and are in the public
interest. Billings further noted that it would perform no additional
maneuvers or operations, above what it had conducted in the past, and
that the training would be in the same location for training previously
used by Billings. The petitioner asserted that conducting these same
operations, including those that would be under the oversight of an FAA
Designated Pilot Examiner, Aviation Safety Inspector, or Pilot
Proficiency Examiner, present no additional risk and are in the public
interest.
The relief granted in the exemption allowed Billings to operate a
restricted category aircraft for a practical test necessary for its
pilots to obtain a type rating designation as required by Sec. 61.31.
In addition, the exemption allowed Billings to train pilots in
preparation for these practical tests. The FAA limited this relief to
those pilots employed by Billings who will participate in a special
purpose operation for which the listed aircraft are certificated. The
exemption also granted relief for any flights necessary to designate a
designated pilot examiner in the aircraft types in order to conduct
these practical tests.
The FAA noted that, although Sec. 91.313 does not allow restricted
category aircraft to be used for training for certification and the
practical test for type ratings, this restriction does not extend to
proficiency checks accomplished by those pilots that already hold the
requisite type rating and whose duties are to perform a special purpose
operation authorized by Sec. 91.313(a). These flights, such as flights
needed to satisfy the PIC proficiency checks required by Sec. 61.58
(and associated pilot proficiency examiner observations), are
considered necessary to accomplish the work activity directly
associated with the aircraft's special purpose.
In addition to providing relief from Sec. 91.313(a), the FAA found
that an exemption from Sec. 91.313(c) was required for Billings to
conduct the operations described in the petition. Section 91.313(c)
prohibits a person from operating a restricted category civil aircraft
carrying persons or property for compensation or hire. An operation
that involves the carriage of persons or material necessary to
accomplish the special purpose and an operation for the purpose of
providing flight crewmember training in the special purpose operation
are not considered to be the carriage of persons or property for
compensation or hire.
A recent legal interpretation by the FAA recognizes an instructor
who is being paid to provide flight training in an aircraft is
operating the aircraft for compensation or hire regardless of whether
he or she is acting as pilot in command.\90\ The same principle applies
to designated pilot examiners providing practical tests. The FAA did
not intend to restrict Billings from providing compensation to those
instructors providing training or examiners conducting practical tests
in the aircraft covered under the exemption. However,
[[Page 29742]]
the exemption limited Billings to conducting such flights for the
purpose of training pilots who will be conducting special purpose
operations on behalf of the operator, or, in the case of a designated
pilot examiner, will be conducting practical tests for the operator's
pilots.
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\90\ Legal Interpretation to Gregory Morris (October 7, 2014)
(pertaining to limited category aircraft).
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Subsequent to the grant of relief for Billings, the FAA received
and granted several other petitions for exemption from Sec. 91.313(a)
and (c).\91\
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\91\ Petitioners include, but are not limited to, AAR Airlift
Group, Inc. Docket No. FAA-2011-1270), Neptune Aviation Services
(Docket No. FAA-2015-0073), Aero-Flite, Inc. (Docket No. FAA 2015-
0543), Airborne Support Inc. (Docket No. FAA-2015-0110),
Construction Helicopters, Inc. DBA CHI Aviation (Docket No. FAA-
2015-0127), Sikorsky Aircraft Corporation (Docket No. FAA-2013-
0476), and Withrotor Aviation (Docket No. FAA-2015-0123).
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Proposed Rule Change
The FAA believes that, under certain conditions, it would be
appropriate to permit owners/operators of aircraft certificated in the
restricted category to operate those aircraft for the purpose of
providing pilot training and testing that leads to a type rating
designation required by Sec. 61.31(a) (and an ATP certificate \92\
obtained concurrently with a type rating). This training and testing
would be limited to pilots employed by an operator to perform the
special purpose operation identified on the restricted category
aircraft's Type Certificate Data Sheet. The FAA is also proposing to
allow flights to be conducted in restricted category aircraft for the
purpose of designating examiners and training center evaluators and
qualifying FAA inspectors in the aircraft type and conducting oversight
and observation of designated examiners and training center evaluators.
As proposed in Sec. 91.313(h), operators of restricted category
aircraft would be permitted to conduct these operations by obtaining a
letter of deviation authority (LODA) from the existing limitations in
Sec. 91.313. This process would be similar to the provision currently
found in Sec. 91.319(h) for aircraft certificated in the experimental
category.\93\
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\92\ The applicant would need to meet all applicable
requirements of part 61 and successfully pass the practical test in
accordance with the ATP Practical Test Standards for the applicable
category and class, as appropriate.
\93\ Section 91.319(h) allows the FAA to issue deviation
authority to operators providing flight training for compensation or
hire in experimental aircraft.
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The proposed Sec. 91.313(h) would allow operators of restricted
category aircraft to obtain a LODA for the purpose of conducting pilot
training and testing that leads to a type rating designation required
by Sec. 61.31(a). As proposed, the LODA would permit operators to
train and test only pilots employed by the operator who hold at least a
commercial pilot certificate with the appropriate category and class
ratings for the aircraft type. The FAA believes that requiring pilots
to hold category and class ratings prior to the type rating practical
test is appropriate because it would resolve the current regulatory
obstacle faced by operators who need to provide their pilots with the
proper ratings to perform special purpose operations while ensuring
that historical limitations on the use of restricted category aircraft
remain in place. As noted, the FAA has long acknowledged that
restricted category aircraft ``may not meet the airworthiness standards
of standard category aircraft.'' Because of the special nature of the
intended usage of these aircraft, the airworthiness certification
standards for them are not designed to provide the same level of safety
that is required for aircraft certificated in the standard category and
the operating limitations set forth in Sec. 91.313 are designed to
compensate for this and provide the necessary level of safety for
special purpose operations. 30 FR 2531 (February 18, 1965).
Because of these airworthiness considerations, the FAA finds it
necessary to limit the additional restricted category operations to
those that are described in this proposal. The FAA finds that the
proposal would permit the flights that can only be conducted in a
restricted category aircraft. Other flights, such as obtaining a
commercial pilot certificate or adding a category and/or class rating,
can be conducted in an aircraft with other airworthiness certificate
categories (e.g., standard category). The FAA finds that operations
which can be accomplished in aircraft that have an airworthiness
certificate outside of the restricted category should not be permitted
by Sec. 91.313.
In addition, proposed Sec. 91.313(h) would permit the FAA to
provide deviation authority to conduct operations in restricted
category aircraft that are necessary to designate examiners and
training center evaluators and qualify aviation safety inspectors in
the aircraft type and provide continuing oversight and observation of
designees and training center evaluators. These flights would enable
the FAA to conduct the appropriate practical tests for operators and
ensure that the FAA fulfills its obligations to ensure that designees
and FAA inspectors are performing their duties appropriately.
As proposed in Sec. 91.313(h)(4), an operator would be required to
submit a request for deviation authority in a form and manner
acceptable to the Administrator at least 60 days before the intended
operations would be conducted. Although the FAA will provide additional
guidance on the process for obtaining a LODA, the FAA anticipates
that--as with LODAs for experimental aircraft--an operator would submit
a request for deviation authority to the Flight Standards District
Office having jurisdiction over the location where the requested
training would take place.
The application for a LODA under proposed Sec. 91.313(h) would
include:
A letter identifying the name and address of the applicant
which includes the name and contact information of the person
responsible for the operation, and details of the type of training and/
or checking to be conducted;
A description of each aircraft, FFS, FTD, or ATD used in
any associated training (if applicable). This information would include
the specific aircraft make(s), and model(s), and type (if applicable)
by N-number, to be utilized;
An aircraft configuration analysis including, but not
limited to, flight deck, flight manual, operating limitations, required
placards, and procedures.
The qualifications and current employment status of the
applicant for which the training and/or checking is needed.
If an operator obtains a LODA, the training and testing for a type
rating would be conducted consistent with existing requirements in part
61. Specifically, the flight training must be conducted by an
appropriately rated flight instructor in accordance with the
requirements set forth for type ratings in Sec. Sec. 61.63(d) or
61.157(b). Additionally, the pilot would be required to complete the
practical test consistent with the standards outlined in the Practical
Test Standards with a designee or FAA inspector who holds the
appropriate authority. For this reason, the operator would be required
to demonstrate during the application process that, as configured, the
restricted category aircraft is capable of performing all required
procedures and maneuvers necessary to meet the requirements of the
applicable aircraft type rating practical test standards.
If the operator is granted deviation authority, the operator would
be permitted to provide pilot flight training and/or testing in their
restricted category aircraft consistent with the
[[Page 29743]]
authority provided in the LODA.\94\ As such, the LODA issued via
WebOPSS would outline the specific training and testing functions that
are authorized.\95\ The FAA notes that LODAs are issued to specific
operators not to individual aircraft. If an operator leases a
restricted category aircraft to another operator, then both operators
must hold a LODA to conduct flight training and testing for pilots
employed to perform a special purpose operation. Additionally, an
operator would be required to demonstrate that the executed lease
agreement meets the requirements pertaining to operational control
under part 91.
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\94\ If the FAA has sufficient designees rated in a particular
aircraft type, it may not be necessary to issue authority in an
operator's LODA to conduct flights necessary to accomplish designee
qualification, oversight and observation.
\95\ WebOPSS is a web-based program for issuance of FAA
authorizing documents to certificate holders and miscellaneous
operators.
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This proposed provision is not intended to allow operators to
establish training schools utilizing restricted category aircraft for
the purpose of issuing type ratings. Operators would only be granted
deviation authority to conduct this training and testing for pilots
that are employed by the operator and only when a type rating is
required to complete the appropriate special purpose operation for
which the aircraft was certificated and the operator is actively
engaged in performing.
In addition to establishing a LODA process under proposed paragraph
(h), the FAA is also proposing to revise Sec. 91.313(b) to make clear
that PIC proficiency checks and recent flight experience in a
restricted category aircraft are permitted under Sec. 91.313(a) when
pilots hold the appropriate category, class, and type ratings and are
employed by the operator to perform a special purpose operation. Under
the proposal, properly rated pilots employed by the operators would be
permitted to accomplish Sec. 61.58 proficiency checks and recent
flight experience requirements set forth in Sec. 61.57. Additionally,
the FAA is proposing to add relocation flights for maintenance to the
list of operations considered necessary to accomplish the work activity
directly associated with the special purpose operation. The FAA notes
that other types of flight events not expressly allowed by the
regulation would not be permitted and would require an exemption from
the regulation.\96\
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\96\ Operators would still be permitted to conduct operations
necessary to accomplish the work activity directly associated with
the special purpose operation. In the 1965 final rule, the FAA
provided examples of such operations which included allowing a
farmer to conduct a flight for the purpose of showing which fields
should be dusted or transportation of an insurance agent, surveyor,
or inspector to the site of a special purpose operation. The FAA
would also consider a flight conducted to relocate an aircraft to an
area of a special purpose operation to be an operation necessary to
accomplish the special purpose operation.
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The FAA has also proposed a change to Sec. 91.313(c) to ensure
that instructors providing flight training and designees conducting
practical tests under a LODA may accept compensation for these
operations. Likewise, the FAA is proposing to revise Sec. 91.313(d) to
permit persons to be carried on restricted category aircraft if
necessary to accomplish a flight authorized by LODA under paragraph
(h).
Currently, if an operator desires to conduct any operation outside
of the special purpose operation(s) for which the aircraft was
certificated, the operator is required to submit a petition for
exemption. Requirements for how to submit a petition for exemption and
what information must be included in the submission are outlined in 14
CFR 11.63 and 11.81 respectively. Additionally, in accordance with
Sec. 11.63, the operator is required to submit the petition for
exemption 120 days prior to the need for the exemption to take effect.
If approved, the petition for exemption may have conditions and
limitations that will require ongoing interaction between the operator
and the FAA. If this rule is finalized as proposed, the requirement to
submit a request for a LODA locally to the Flight Standards District
Office will relieve the operator of the burden of petitioning the FAA
for exemption. The LODA process would enable an operator to obtain
approval at the local Flight Standards District Office and would reduce
the time requirements associated with filing a petition for exemption.
I. Single Pilot Operations of Former Military Airplanes and Other
Airplanes With Special Airworthiness Certificates
Section 91.531(a) prohibits a person from operating certain
airplanes without a pilot who is designated as SIC. This restriction
applies to large airplanes,\97\ turbojet-powered multiengine airplanes
for which two pilots are required under the type certification
requirements for that airplane, and certain commuter category
airplanes. The Administrator may issue LOAs for the operation of an
airplane without an SIC ``if that airplane is designed for and type
certificated with only one pilot station.'' 14 CFR 91.531(b).
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\97\ Under 14 CFR 1.1, a large aircraft means an ``aircraft of
more than 12,500 pounds, maximum certificated takeoff weight.''
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Certain former military aircraft and some experimental aircraft
were designed to be flown by one pilot. Notwithstanding this fact,
these airplanes are currently required to have an SIC in accordance
with Sec. 91.531(a) because they qualify as large airplanes.
Furthermore, because these airplanes are not type certificated, they
are not eligible for an LOA under Sec. 91.531(b). Under the express
language of the regulation, to obtain an LOA, the airplane must be both
``designed for and type certificated with only one pilot station.''
\98\
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\98\ Section 91.531 was originally promulgated as Sec. 91.213
(37 FR 14758; July 25, 1972). In 1989, part 91 was reorganized and
Sec. 91.213 was recodified as Sec. 91.531. In the preamble to the
final rule establishing Sec. 91.213, the FAA stated that ``to
accommodate those airplanes having only one pilot station, such as
former military airplanes certificated for special operations, Sec.
91.213 as adopted permits an airplane having only one pilot station
to be operated under an authorization from the Administrator'' (37
FR 14762). Despite the express language of the rule, the preamble to
the final rule did not distinguish between type certificated and
non-type certificated former military airplanes designed for one
pilot operations. The FAA does not believe that the rule's original
intent was to preclude single pilot operations in former military
aircraft that were designed for single pilot operations but which
are not type-certificated. In addition, the FAA does not believe
that single pilot operations should be precluded in some large
experimental airplanes that are not type-certificated and that were
not commonplace when Sec. 91.213 was established.
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On April 10, 2012, Experimental Aircraft Association, Warbirds of
America, petitioned the FAA for an exemption from Sec. 91.531 to
permit the operation of large airplanes that possess special
(experimental) airworthiness certificates that have been designed with
only one pilot station, but which are not type-certificated, to be
operated without a pilot who is designated as SIC.\99\
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\99\ www.regulations.gov; Docket No. FAA-2012-0406.
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On July 20, 2012, the FAA granted this exemption from Sec.
91.531(a)(1) to allow members of the Experimental Aircraft Association,
Warbirds of America, to operate certain large airplanes without an SIC.
The FAA granted relief from Sec. 91.531(a) for pilots operating: (1)
The ``trainer'' versions of former military airplanes originally
designed with one pilot station, but which were modified with a second
pilot (instructor) station merely for the purpose of pilot training;
and (2) former military aircraft that had a single pilot station and a
required non-pilot flightcrew member station. In support of the relief
provided in the exemption, the FAA stated that these airplanes were
approved by the military to be flown with only one pilot. These
airplanes are maintained, operated, and inspected in
[[Page 29744]]
accordance with operating limitations issued by the FAA under Sec.
91.319(i) that set forth specific conditions for their safe operation.
In addition, the pilots are required to demonstrate proficiency through
practical testing that includes oral and flight testing specific to the
particular airplane operated.
The FAA is proposing to revise Sec. 91.531(b) to allow certain
large airplanes that are not type-certificated to be operated without a
pilot who is designated as SIC, provided that those airplanes: (1) Were
originally designed with only one pilot station; or (2) were originally
designed with more than one pilot station for purposes of flight
training or for other purposes, but were operated by a branch of the
United States Armed Forces or the armed forces of a foreign contracting
State to the Convention on International Civil Aviation with only one
pilot.\100\ The manufacturer's technical order for the airplane would
indicate that the airplane was originally designed or modified to be
flown with one pilot in accordance with Sec. 91.9.
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\100\ For example, the F-15 has been designed with a single seat
(models A and C). Other F-15s have been designed with a second seat
behind the pilot for training (models B and D) or a seat behind the
pilot for a weapons system officer that may have a second set of
flight controls (model E). Despite the fact that there are models
that are designed with a second pilot station, all F-15s are
designed to be operated by a single pilot.
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The proposed amendment to Sec. 91.531 would also reorganize the
section by placing all affirmative requirements in paragraph (a) and
all exceptions thereto in paragraph (b). Related amendments to Sec.
91.531, as proposed, would also eliminate inconsistencies,
redundancies, and obsolete provisions, including the language currently
found at paragraph (a)(2) and paragraph (d) of this section. By virtue
of the airplane type certificate, large airplane, or commuter category
crew requirements, the rule would now capture all circumstances when an
SIC is required and the specific circumstances when an exception
applies. The FAA notes that the affirmative requirement for an SIC on a
multiengine turbojet aircraft at current paragraph (a)(2) is captured
by the proposed amendment to Sec. 91.531(a)(1) and therefore no longer
needs to be listed separately.
The proposed amendment to Sec. 91.531(a)(1) would clarify that the
requirement for an SIC is determined by the minimum flightcrew
requirements established in the operating limitations of the aircraft
flight manual or the type certificate data sheet--regardless of whether
the airplane is large or small. The existing SIC requirement for large
airplanes, which would be reflected at Sec. 91.531(a)(2) as proposed,
remains necessary because some older airplanes do not contain minimum
flightcrew requirements in the operating limitations of the aircraft
flight manual or the type certificate data sheet.\101\ The FAA
continues to believe that large airplanes should be operated with an
SIC unless the airplane has been type-certificated for single pilot
operations. The FAA is proposing to revise the language in Sec.
91.531(a)(2) to clarify that an SIC is required for large airplanes
when the minimum flightcrew requirements are not included in the type
certification of the airplane. The proposed revision would provide the
necessary flexibility, in the event that the Aircraft Evaluation Group
of the FAA determines a particular large airplane type could be flown
safely without a SIC and adjusts the type certification requirements
for that large airplane accordingly.\102\
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\101\ For example, the Lockheed L-18 Loadstar, Douglas DC-3, and
the Ford 5AT Tri-Motor are large airplanes for which the type
certification does not specify a minimum crew complement.
\102\ The Embraer 505, SyberJet 30, and Cessna Citation 550 are
examples of large airplanes that have been type certificated for
operation without a SIC.
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As proposed, the FAA would eliminate the need for pilots to obtain
an LOA under Sec. 91.531(b) to operate large airplanes designed for
single pilot operation without an SIC. The FAA believes that an LOA is
unnecessary due to pilot certification requirements and aircraft
operating limitations in Sec. 91.319(i).
For example, to fly a large former military or experimental
airplane, the PIC must first hold either a type rating (if the airplane
is type certificated) or an experimental aircraft authorization (if the
airplane is not type certificated). These type ratings and
authorizations are reflected on a person's pilot certificate after
successful completion of the requisite practical test. In the case of
former military and experimental airplanes designed for operation by a
single pilot, a type rating or experimental aircraft authorization on a
pilot certificate is evidence that the pilot has demonstrated to the
FAA during a practical test or evaluation that he or she is competent
to fly the airplane without an SIC.
The FAA believes the current requirement to obtain an LOA for
operation of these airplanes with a single pilot, in addition to the
authorization on the pilot certificate, creates a redundancy without a
demonstrable benefit. Therefore, rulemaking is appropriate to remove
the redundant provision requiring an LOA for operational purposes and
to allow these airplanes to be flown in single pilot operations. The
FAA further notes that these airplanes must be flown in accordance with
any applicable operating limitation, including any limitation issued
pursuant to the provisions of Sec. Sec. 91.319 and 91.9.
As proposed, pilots seeking to operate these airplanes (that are
not type certificated) as a single pilot would still be required to
obtain a temporary LOA from the FAA allowing the pilot to serve as PIC,
if necessary, for completion of the practical test. Once the pilot
completes the practical test successfully, the examiner would update
the pilot certificate to reflect the authorization to operate these
airplanes as a single pilot. Based on this proposal, the FAA believes
the current requirement in Sec. 91.531(b) to obtain a permanent LOA
for operational purposes is no longer necessary with regard to large
airplanes or turbojet-powered multiengine airplanes since the
authorization is reflected on the pilot certificate. The FAA notes
further that since the type certificate for commuter category airplanes
referenced in current Sec. 91.531(a)(3) permits single pilot
operations, an LOA is not necessary.
J. Technical Correction and Nomenclature Change
While considering the regulatory changes proposed in this
rulemaking, the FAA became aware of the need for a technical correction
in appendix I to part 141, additional Aircraft category and/or class
rating course. In paragraph (k), course for an airplane additional
multiengine class rating, subparagraph (2) discussing the requirements
for the commercial pilot certificate, the FAA noted that two paragraphs
are currently designated (iv):
(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.
The FAA is proposing to correct this typographical error to
renumber the paragraphs as (k)(2)(iv) and (k)(2)(v), respectively.
Further, while considering these regulatory changes, the FAA noted
that the nomenclature regarding flight simulators has changed. The
definition as found in Sec. 1.1 references a ``full flight simulator''
whereas the regulations often use the older nomenclature ``flight
simulator.'' Therefore, in the sections
[[Page 29745]]
the FAA has determined need to be revised as part of the proposed rule,
the FAA is also proposing to remove the words ``flight simulator''
wherever they appear and replace them with the words ``full flight
simulator.''
IV. Discussion of Proposed Effective Dates for Rule Provisions
The FAA recognizes that many of the provisions in this rule are
relieving and others are voluntary. If this rule is finalized as
proposed, the FAA will work to ensure that the amendments which would
provide regulatory relief and flexibility become effective as soon as
practicable, while ensuring that persons seeking to benefit from the
relief, as well as the FAA, have adequate time to prepare for
implementation of the changes that would be finalized. The following
discussion summarizes the FAA's proposal for when the various
amendments included in this proposed rule would become effective. As
explained, each proposed amendment would be effective either 30, 60 or
180 days after publication of the final rule in the Federal Register,
depending on the type and scale of implementation needed for persons to
begin complying with the amended requirements.
Provisions Proposed To Be Made Effective 30 Days After Date of
Publication of a Final Rule
The FAA proposes that the following provisions be made effective 30
days after publication of any final rule associated with this NPRM. By
making these provisions effective 30 days after the date of publication
in the Federal Register, the FAA intends to ensure that regulatory
relief for provisions that do not require specific Principal Operations
Inspector approval, training, or significant changes to occur are
implemented as quickly as possible. By making the proposed definitions
in Sec. 61.1 effective at this time, the FAA would ensure clarity of
future regulatory provisions and alleviate potential confusion. The FAA
proposes a 30-day effective date for the following provisions:
All proposed definitions that would be added to Sec. 61.1
Proposed substantive and clarifying amendments to Sec.
61.51(g)(4)-(5) regarding instructor requirement when using an FFS,
FTD, or ATD to complete instrument recency experience
Proposed amendments to Sec. Sec. 61.57(c) and 135.245
regarding instrument experience requirements
Proposed amendments to Sec. 61.195(b)-(c) regarding flight
instructors with instrument ratings only
Proposed amendment to Sec. 61.99 and addition of Sec.
61.109(l) regarding credit for training obtained as a sport pilot
Proposed amendment to Sec. 141.5(d) regarding pilot school
use of special curricula courses for renewal of certificate
Proposed substantive amendment to Sec. 91.531 regarding
single pilot operations of former military airplanes and other
airplanes with special airworthiness certificates and clarifying
amendments
Proposed typographical correction to appendix I to part 141
Provisions Proposed To Be Made Effective 60 Days After Date of
Publication of a Final Rule
The FAA proposes that the following provisions be made effective 60
days after publication of any final rule associated with this NPRM. By
making these provisions effective 60 days after the date of publication
in the Federal Register, the FAA intends to ensure that regulatory
relief for provisions requiring some additional implementation time for
the issuance and implementation of agency guidance, or for FAA
Principal Operations Inspectors to take action, is available as soon as
practicable. The FAA proposes a 60-day effective date for the following
provisions:
Proposed substantive amendments to Sec. 61.129(a)(3)(ii) and
appendix D to part 141 regarding the completion of commercial pilot
training and testing in technically advanced airplanes and clarifying
amendment to Sec. 61.129(b)(3)(ii)
Proposed amendments to Sec. Sec. 61.412, 61.415(h) and
91.109(c) regarding sport pilot flight instructor training privilege
Proposed amendments to Sec. Sec. 61.197 and 61.199 regarding
military competence for Flight Instructors
Provisions Proposed To Be Made Effective 180 Days After Date of
Publication of a Final Rule
The FAA proposes that the following provisions be made effective
180 days after publication of any final rule associated with this NPRM.
By making these provisions effective 180 days after the date of
publication in the Federal Register, the FAA is acknowledging that
these provisions are more complex to implement and will necessitate
more extensive action by FAA Principal Operations Inspectors. These
provisions affect part 119 certificate holders conducting operations
under parts 91, 121 and 135 and will take more coordination and review
on the part of both certificate holders and the FAA. This will include
the creation and issuance of an authorization by the FAA (i.e. an
Operations Specifications paragraph that would be issued to the
carrier) describing the criteria and actions required for the allowance
under the rule. The FAA proposes a 180-day effective date for the
following provisions:
Proposed amendments to Sec. Sec. 61.39, 61.51(e)-(f),
61.159(a) and (c), 61.161, and 135.99(c) regarding logging flight time
as a second in command in part 135 operations
Proposed amendments to Sec. Sec. 61.3(a), 63.3, 63.16,
121.383(c) and 135.95 regarding temporary validation of flightcrew
members' certificates
Proposed amendments to Sec. 91.313 regarding use of aircraft
certificated in the restricted category for pilot flight training and
checking.
V. Advisory Circulars and Other Guidance Materials
To further implement this notice of proposed rulemaking, the FAA is
proposing to revise or create the following Advisory Circulars and FAA
Orders.
FAA Order 8900.1, Flight Standards Information Management System,
Vol. 11, Chapter 10, Basic and Advanced Aviation Training Device, Sec.
1, Approval and Authorized Use under 14 CFR parts 61 and 141 guidance
concerning ATD's would also be revised.
AC 135-PDP: This document would be a newly drafted AC (Part 135 SIC
Professional Development Program) that would provide part 135 operators
guidance on receiving FAA approval for training and qualifying pilots
to act as an SIC and log that time for the ATP flight time
requirements.
AC 61-65, Certification: Pilots and Flight and Ground Instructors
would be revised to include endorsements and guidance pertaining to the
sport pilot provisions. This would include the recommended endorsement
for qualifying a sport pilot only instructor to give basic instrument
flight instruction to sport pilot candidates only.
FAA Order 8900.1, Flight Standards Information Management System,
Vol. 2, Air Operator, Air Agency Certification, Chapter 9,
Certification of a Part 141 Pilot School guidance concerning pilot
school 141 Special Curricula courses would be revised to permit those
courses to be used for a pilot school to obtain a pilot school
certificate.
FAA Order 8900.1, Flight Standards Information Management System,
Vol. 5, Airman Certification, Chapter 1, Direction, Guidance and
Procedures for
[[Page 29746]]
Parts 121/135 and General Aviation, Sec. 7, Amendments to Certificates
and Replacement of Lost Certificates guidance concerning temporary
validation of flightcrew certificates would be revised to permit a
certificate holder to obtain approval to provide a temporary document
verifying a flightcrew member's airman certificate and medical
certificate privileges under an approved certificate verification plan
set forth in the certificate holder's operations specifications. FAA
Order 8900.1, Flight Standards Information Management System, Vol. 5,
Airman Certification, Chapter 2, Title 14 CFR part 61 Certification of
Pilots and Flight Instructors, Sec. 15, Issue a Title 14 CFR part 61
Pilot Certificate Based on Military Competence; and FAA Order 8900.2,
General Aviation Airman Designee Handbook, Chapter 7, Designated Pilot
Examiner Program, Sec. 19, Accomplish Designation/Issue Certificates as
an ACR Employed Solely by a FIRC Sponsor, Paragraph 121, Flight
Instructor Certificate and Ratings Issued on the Basis of Military
Competence by an MCE and MC/FPE, and Paragraph 122, Certification of
Graduates; and Sec. 20, Accomplish Designation/Conduct Functions as an
MCE, FPE, MC/FPE, GIE, and FIRE, Paragraphs 123-127, Background,
General Information for MCE, FPE, and MC/FPE Designations, Issuance of
a U.S. Private Pilot Certificate and Ratings Based on Foreign Pilot
Licenses, Pilot Certificates and Ratings Issued on the Basis of
Military Competence by an MCE and MC/FPE, and Compliance with Other
Provisions, respectively, guidance concerning flight instructor
certificate renewal via military competence would be revised regarding
the military flight instructor provisions included in this proposed
rule.
VI. Section-By-Section Discussion of the Proposed Rule
In part 61, certification: Pilots, flight instructors, and ground
instructors, in Sec. 61.1, the definition of ``pilot time'' would be
revised. New definitions would also be added to Sec. 61.1(b) for
``aviation training device'' and ``technically advanced airplane.''
Section 61.3(a) would be revised to permit a pilot flightcrew
member to carry a temporary document provided by a part 119 certificate
holder under an approved certificate verification plan as a required
pilot certificate for operating a civil aircraft of the United States.
Section 61.39 would be revised to add a provision that would
require a pilot who has logged flight time under the SIC professional
development program requirements of Sec. 61.159(c)(1) to present a
copy of the records required by Sec. 135.63(a)(4)(vi) and (x) at the
time of application for the practical test.
Section 61.51(e) would be revised to allow the part 135 flight
instructor serving as PIC to log all of the flight time as PIC flight
time even when the SIC is the sole manipulator of the controls and is
logging time in an operation that does not require an SIC by type
certification of the aircraft or the regulations under which the flight
is being conducted. Section 61.51(f) would be revised to reflect the
allowance for SICs to log flight time in part 135 operations when not
serving as required flightcrew members under the type certificate or
regulations. Section 61.51(g) would also be revised to allow a pilot to
accomplish instrument experience when using an FAA-approved FFS, FTD,
or ATD without an instructor present.
Section 61.57(c) would be revised to allow pilots to accomplish
instrument experience in ATDs at the same 6-month interval allowed for
FFSs and FTDs. In addition, the section would be revised to no longer
require pilots, who opt to use ATDs for accomplishing instrument
experience, to complete a specific number of additional instrument
experience hours or additional tasks.
Section 61.99 would be revised to allow flight training received
from a sport pilot instructor who does not also hold a flight
instructor certificate issued under the requirements in subpart H of
part 61 to be credited towards a portion of the flight training
requirements for a recreational pilot certificate with airplane,
rotorcraft, or lighter-than-air categories.
Section 61.109 would be revised by adding paragraph (l) to allow
flight training received from a sport pilot instructor who does not
also hold a flight instructor certificate issued under the requirements
in subpart H of part 61 to be credited towards a portion of the flight
training requirements for a private pilot certificate with airplane,
rotorcraft, or lighter-than-air categories.
Section 61.129(a)(3)(ii) would be revised to allow a pilot seeking
a commercial pilot certificate with a single engine class rating to
complete the 10 hours of training, currently required in a complex or
turbine-powered airplane, to also be completed in a TAA. Coordinated
revisions would be made in Sec. 61.129(b)(3)(ii) for clarity and
consistency purposes only.
Section 61.159(c)(1) would be revised to set forth the requirements
for logging SIC pilot time in an operation that does not require an SIC
by type certification of the aircraft or the regulations under which
the flight is being conducted.
Section 61.161 would be revised to permit flight time logged under
an SIC PDP to be counted toward the 1,200 hours of total flight time
required for an ATP certificate with a rotorcraft category helicopter
class rating.
Section 61.195 paragraphs (b) and (c) would be revised to permit a
flight instructor who holds only an instrument rating to provide
instrument training without being required to hold aircraft category
and class ratings on his or her flight instructor certificate.
Section 61.197(a)(2)(iv) would be revised to allow a military
instructor who has passed a U.S. Armed Forces military instructor pilot
proficiency check within the 24 calendar months preceding the month of
application to be eligible to renew his or her FAA flight instructor
certificate based on that proficiency check. The section would also be
clarified to indicate that a flight instructor would be able to renew
his or her certificate by providing a record demonstrating that, within
the previous 24 calendar months, the instructor passed a military
instructor pilot proficiency check for a rating that the instructor
already holds or for a new rating.
Section 61.199 would be revised to permit a military instructor to
reinstate his or her flight instructor certificate by providing a
record showing that, within the previous six calendar months, the
instructor passed a U.S. Armed Forces instructor pilot or pilot
examiner proficiency check for an additional military rating.
Section 61.412 would be added to establish training and endorsement
requirements for those sport pilot flight instructors who want to
provide training for sport-pilot applicants on control and maneuvering
solely by reference to the flight instruments.
Section 61.415 would be revised by adding new paragraph (h) to
clarify that a sport pilot instructor may not conduct flight training
on control and maneuvering an aircraft solely by reference to the
instruments in an airplane that has a Vh greater than 87 knots CAS
without meeting the requirements in proposed Sec. 61.412.
In part 63, certification: Flight crewmembers other than pilots,
Sec. 63.3(a) would be revised to permit a flightcrew member to carry a
temporary document provided by a part 119 certificate holder under an
approved certificate verification plan as a required flight engineer
certificate for operating a civil aircraft of the United States.
Section 63.16 would be revised to update the process for
replacement of a lost or destroyed airman certificate or medical
certificate and to add a process
[[Page 29747]]
for replacement of a lost or destroyed knowledge test report.
In part 91, general operating and flight rules, Sec. 91.109(c)
would be revised to permit a sport pilot instructor who has obtained
the proposed endorsement in Sec. 61.412 to serve as a safety pilot
only for the purpose of providing flight training on control and
maneuvering solely by reference to the instruments to a sport pilot
applicant seeking a solo endorsement in an airplane with a Vh greater
than 87 knots CAS.
Section 91.313 would be revised to permit owners/operators of
aircraft certificated in the restricted category to operate those
aircraft for the purpose of providing pilot training and testing, to
pilots employed by the operator to perform the special purpose
operation, that leads to a type rating designation required by Sec.
61.31(a) (and an ATP certificate obtained concurrently with a type
rating). The section would also be amended to allow flights to be
conducted in restricted category aircraft for the purpose of
designating examiners and training center evaluators and qualifying FAA
inspectors in the aircraft type and conducting oversight and
observation of designated examiners and training center evaluators.
Section 91.531 would be revised to allow certain large airplanes
that are not type-certificated to be operated without a pilot who is
designated as SIC, provided that those airplanes: (1) Were originally
designed with only one pilot station; or (2) were originally designed
with more than one pilot station for purposes of flight training or for
other purposes, but were operated by a branch of the United States
armed forces or the armed forces of a foreign contracting State to the
Convention on International Civil Aviation with only one pilot. The
section would also be revised to eliminate redundancies and reorganized
for purposes of clarification by placing all affirmative requirements
for a SIC in paragraph (a) and all exceptions thereto in paragraph (b).
In part 121, operating requirements: domestic, flag, and
supplemental operations, Sec. 121.383(c) would be revised to permit a
certificate holder to obtain approval to provide a temporary document
verifying a flightcrew member's airman certificate and medical
certificate privileges under an approved certificate verification plan
set forth in the certificate holder's operations specifications.
In part 135, operating requirements: commuter and on demand
operations and rules governing persons on board such aircraft, Sec.
135.95 would be revised to permit a certificate holder to obtain
approval to provide a temporary document verifying a flightcrew
member's airman certificate and medical certificate privileges under an
approved certificate verification plan set forth in the certificate
holder's operations specifications.
Section 135.99 would be revised to add paragraph (c) to permit a
part 135 certificate holder to receive approval of an SIC professional
development program via operations specifications (Ops Specs) in order
to allow their pilots to log time as SICs in an operation that does not
require an SIC by type certification of the aircraft or the regulations
under which the flight is being conducted. The paragraph includes
requirements related to the certificate holder, aircraft, and pilots
involved. Section 135.99(d) would state that certificate holders who
are authorized to operate as a basic operator, single PIC operator, or
single pilot operator would not be permitted to obtain approval to
conduct an SIC professional development program.
Section 135.245 would be revised to remove the reference to part 61
in Sec. 135.245(a) and move the current instrument experience
requirements in Sec. 61.57(c)(1) and (2) to new Sec. 135.245(c).
In part 141, pilot schools, Sec. 141.5(d) would be revised to add
an end-of-course test for a special curricula course approved under
Sec. 141.57 to the list of activities a pilot school may use for the
FAA to issue a pilot school certificate.
Appendix D to part 141, commercial pilot certification course,
would be revised to allow commercial pilot certification courses to
reflect the proposed relief in Sec. 61.129(a)(3)(ii) that would permit
a pilot seeking a commercial pilot certificate with a single engine
class rating to complete the 10 hours of training in one, or a
combination of, a TAA, a complex airplane, or a turbine-powered
airplane.
Appendix I to part 141, additional aircraft category and/or class
rating course, section 4, paragraph (k)(2) would be revised by
renumbering two paragraphs, both of which are currently designated
(iv).
VII. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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 proposed 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 proposed
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 not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would have a positive
significant economic impact on a substantial number of small entities;
(5) would not create unnecessary obstacles to the foreign commerce of
the United States; and (6) would 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, and a full discussion of the benefits and costs is provided in
the regulatory evaluation included in the docket for this rulemaking.
Who Is Potentially Affected by This Rule?
The people who benefit from this rule would be pilots, student
pilots, flight instructors, military pilots seeking civilian ratings,
and pilot schools.
Assumptions
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Analysis Time Period................... 5 Years
2. Discount Rate.......................... 7%
------------------------------------------------------------------------
Total Benefits and Costs
This proposed rule has 12 separate provisions impacting different
sections of parts 61, 63, 91, 121, 135, and 141 of the Federal Aviation
Regulations. A
[[Page 29748]]
separate analysis was conducted for each of the 12 provisions. From
these analyses the FAA determined that the proposed changes were either
minimal cost, had unquantified benefits which exceeded minimal costs,
or had quantified cost savings. These analyses are discussed in detail
in a separate regulatory evaluation. Throughout these analyses
quantified cost savings once identified are discussed as benefits, and
not negative savings. Over a five year analysis period the quantified
benefits (cost savings) are about $112.2 million, or $99.0 million in
present value at a 7 percent discount rate.
The following table shows the number and title of the twelve
proposed rule provisions, the sections of the current Federal Aviation
Regulations that would be affected by this proposed rulemaking, a
summary of the impact for each of the twelve proposed provisions and
the total cost savings, of the proposals with quantified benefits, over
the analysis interval.
Table 3--Summary of the Proposed Rule Provisions
----------------------------------------------------------------------------------------------------------------
Total cost savings
Provision Sections affected Summary (benefits) for 5-year
analysis period
----------------------------------------------------------------------------------------------------------------
Instructor requirement when using 61.51(g)(5).......... Removes the requirement to The cost savings benefits
an FFS, FTD, or ATD to complete have an instructor equal about $12.1
instrument recency. present when million or $10.6 million
accomplishing flight in present value at a 7
experience requirements percent discount rate.
for instrument recency in
an FAA-approved FFS, FTD,
or ATD.
Instrument recency experience 61.57(c)............. Reduces the frequency of The cost savings benefits
requirements. 135.245.............. instrument recency flight equal about $79.4
experience accomplished million or $69.6 million
exclusively in ATDs from in present value at a 7
every two months to every percent discount rate.
six months.
Reduces the number of
tasks and removes the
three-hour flight time
requirement when
accomplishing instrument
recency flight experience
in ATDs.
Second in Command for part 135 61.1................. Allows a pilot to log SIC The FAA considers this to
operations. 61.39(a)............. flight time in a multi- be a minimum cost rule
61.51 (e),(f)........ engine airplane in a part with positive, but
61.159(a),(c)........ 135 operation that does difficult to quantify,
61.161............... not require a SIC. benefits.
135.99(c)............
Completion of commercial pilot 61.1................. Allows a TAA to be used to The cost savings benefits
training and testing in 61.129(a)(3)(ii)..... meet some or all of the equal about $9.7 million
technically advanced airplanes appendix D to part currently required 10 or $8 million in present
(TAA). 141. hours of training that value at a 7 percent
must be completed in a discount rate.
complex or turbine-
powered airplane for the
single engine commercial
pilot certificate. TAA
could be used in
combination with, or
instead of, a complex or
turbine-powered airplane
to meet the aeronautical
experience requirement
and could be used to
complete the practical
test.
Flight instructors with instrument 61.195(b), (c)....... Removes the requirement The cost savings benefits
ratings only. that instrument only equal about $1.7 million
instructors have category or $1.5 million in
and class ratings on present value at a 7
their flight instructor percent discount rate.
certificates to provide
instrument training.
Sport pilot flight instructor 61.412............... Allows a sport pilot only Sport pilot flight
training privilege. 61.415(h)............ instructor to provide instructors who choose
91.109(c)............ training on control and to receive this
maneuvering solely by endorsement have
reference to the flight determined that they
instruments (for sport would be able to recoup
pilot students only). this cost by providing
training to sport pilot
students.
Credit for training obtained as a 61.99................ Allows sport pilot If all 5,259 sport pilots
sport pilot. 61.109(i)............ training to be credited choose to use the lower
for certain aeronautical cost option, the cost
experience requirements savings would exceed
for a higher certificate $8.0 million. We have
or rating. used $8.0 million as a
one-time event in the
benefit-cost analysis.
Include special curricula courses 141.5(d)............. Allows part 141 pilot This proposed rule
in renewal of pilot school schools to count FAA provision provides
certificate. approved ``special potential unquantified
curricula'' course benefits which exceed
completions (graduates of minimal compliance
these courses) toward costs.
certificate renewal
requirements.
Temporary validation of flightcrew 61.3(a).............. Allows a confirmation This proposed rule would
members' certificates. 63.3(a).............. document issued by a part relieve both the FAA and
63.16................ 119 certificate holder stakeholders from the
121.383(c)........... authorized to conduct burden of the exemption
135.95............... operations under part 121 process, which must be
or 135 to serve as a completed every two
temporary verification of years. The cost savings,
the airman certificate while real, are small
and/or medical and believed to be de
certificate during minimis.
domestic operations for
up to 72 hours.
Military competence for flight 61.197............... Allows the addition of a The cost savings benefits
instructors. 61.199............... flight instructor rating equal about $1.4 million
based on military or $1.2 million in
competency to present value at a 7
``simultaneously percent discount rate.
qualify'' for the
reinstatement of that
expired FAA flight
instructor certificate.
[[Page 29749]]
Restricted category aircraft 91.313............... Allows an operator to The benefits will exceed
training and testing allowances. request and obtain a costs for those who
letter of deviation choose to comply.
authority to conduct
training and testing and
other directly related
activities for employees
to obtain a type rating
in a restricted category
aircraft.
Single pilot operations of former 91.531............... Allows pilots to operate The benefits will exceed
military airplanes and other certain large and costs for those who
airplanes with special turbojet-powered choose to comply.
airworthiness certificates. airplanes (specifically
former military and some
airplanes not type
certificated in the
standard category)
without a pilot who is
designated as SIC.
----------------------------------------------------------------------------------------------------------------
B. 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 proposals and to explain
the rationale for their actions to assure that such proposals 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.
Most of the parties affected by this proposed rule would be small
businesses such as flight instructors, aviation schools, fixed base
operators, and small part 135 air carriers. There are over 1,000 part
135 air carriers alone. The general lack of publicly available
financial information from these small businesses precludes a financial
analysis of these small businesses.
The FAA believes that this proposed rule would have a significant
positive economic impact. The provisions of this proposed rule are
largely cost-relieving. In fact, this proposed rule is expected to
provide $112 million in cost relief. Therefore, this proposed rule
would have a positive effect on a substantial number of small entities.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this proposed rulemaking would result in a significant
positive economic impact on a substantial number of small entities, as
it imposes no new costs.
The FAA solicits comments regarding this determination.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. 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 proposed rule and
determined that it would have only a domestic impact and therefore
would not create unnecessary obstacles to the foreign commerce of the
United States.
D. 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
(in 1995 dollars) 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 FAA currently
uses an inflation-adjusted value of $155.0 million in lieu of $100
million.
This proposed rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act, (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),
the FAA has submitted these proposed information collection amendments
to OMB for its review.
Overview: A majority of the provisions proposed in this NPRM do not
impose an additional recordkeeping burden, but rather provide
alternative methods of qualification when pursuing an airman privilege,
certificate, or rating. The overall requirements and documentation
remain the same for those provisions. Some of the provisions involve
training and testing and do not require OMB supporting statements. Some
of the provisions that are designated as voluntary are also considered
without paperwork burden.
Title 5 CFR 1320.3(h) states that ``* * * `Information' does not
generally include items in the following categories; * * * (1)
Affidavits, oaths,
[[Page 29750]]
affirmations, certifications, receipts, changes of address, consents,
or acknowledgments; provided that they entail no burden other than that
necessary to identify the respondent, the date, the respondent's
address, and the nature of the instrument * * *.'' The proposed
provision regarding the instructor requirement when using a FFS, FTD,
or ATD to complete instrument recency experience would, among other
things, remove the requirement that an instructor sign the pilot's
logbook. This signature served as an instructor's affirmation of
presence during the gaining of recency experience. Therefore, as the
signature by the flight instructor merely documents the instructor's
presence, it has not been considered an information collection, and the
removal of its requirement does not constitute a burden reduction.
The FAA has identified three provisions with PRA implications that,
if finalized as proposed, will require amended OMB supporting
statements as listed below:
Instrument recency experience requirements (information
collection 2120-0021),
Second in command for part 135 operations (information
collection 2120-0021, 2120-0593, 2120-0039),
Include special curricula courses in renewal of pilot
school certificate (information collection 2120-0009).
Instrument Recency Requirements
The FAA is proposing to reduce the frequency of instrument recent
flight experience accomplished exclusively in ATDs from every two
months to every six months. The FAA is further proposing to reduce the
number of tasks required to be performed and remove flight time hour
requirements when accomplishing instrument recent flight experience in
ATDs. While the proposed requirements are addressed in Sec. 61.57(c),
the requirement that such time be logged is addressed in Sec. 61.51.
This provision would reduce the requirements for persons using ATDs to
make those requirements equivalent to the requirements for persons
using aircraft, FFS, or FTDs. However, the FAA is not requiring that
any person use any particular method to conduct this training. The FAA
does not have specific data on which to base an estimate of the use of
aircraft, FFSs, FTDs, or ATDs for the conduct of this time, as the FAA
does not require or receive information regarding how the experience
was gained by each pilot. Thus, while this proposed provision would
reduce recordkeeping requirements for those persons who choose to
conduct experience solely in ATDs, the FAA can only estimate whether,
and by how much, that burden might be reduced for the overall pilot
population with an instrument rating as the FAA has no information to
make an initial determination of the use of ATDs, FTDs, FFSs, or
aircraft. The FAA further emphasizes that the pilot would still be
required to log the time, but notes that for some pilots the frequency
of logging instrument currency would be reduced from every two months
to every six months.
As discussed in the regulatory evaluation accompanying this NPRM,
as of June 30, 2015, there were 305,976 instrument-rated pilots,\103\
including ATP pilots, in the United States. As of June 23, 2015, the
FAA estimates that 104,424 air carrier pilots \104\ are exempted,
leaving 201,552 instrument rated pilots that could benefit from this
relief. Of these, the FAA estimates that only 50% (100,776) are
maintaining their currency. Of this group it is likely that only 15%
(15,116) use an ATD for currency and would potentially benefit from
this relief. For those pilots, this would reduce the record keeping
requirements of logging time from 6 times a year to two times a year,
when logging instrument currency exclusively in an ATD. This provision
does not change the requirement found in 14 CFR 61.51 that a pilot log
his or her time while conducting these activities. As noted previously,
the only difference is whether that time is logged in an ATD as
compared with an FFS, FTD, or aircraft. Of the 15,116 pilots that would
use an ATD exclusively to maintain currency, it is expected that the
reduction in paperwork (logging time) would be 0.1 hours (6 minutes) x
4 times a year x 15,116 pilots = 6,046.4 hours saved annually. The FAA
seeks comments, with supporting data, regarding the number of pilots
using ATDs who might use this provision. This reduced burden when
logging time for currency would be estimated in the OMB supporting
statement for approved information collection 2120-0021, ``Pilots,
Flight Instructors and Ground Instructors.''
---------------------------------------------------------------------------
\103\ Source: Comprehensive Airmen Information System (CAIS).
\104\ Source: SPAS NVIS Air Operator Record List, 6/23/2015.
---------------------------------------------------------------------------
Second in Command Time in Part 135 Operations
The FAA is proposing to allow pilots to log SIC time in multi-
engine airplanes that do not require an SIC in a part 135 operation.
This would be creditable total flight time in pursuit of an ATP
certificate. The FAA has no basis on which to determine the number of
pilots who might choose to take advantage of a SIC PDP sponsored by a
part 135 operator that is approved to conduct a SIC PDP. In the
regulatory evaluation, the FAA is seeking comments, with supporting
data, regarding the number of pilots who might choose to take advantage
of a program to become a SIC in a part 135 operation using a SIC PDP.
The FAA is proposing to amend Sec. 135.99 by adding paragraph (c)
to permit a part 119 certificate holder to receive approval of an SIC
professional development program via operations specifications (Ops
Specs) in order to allow the certificate holder's pilots to log time
under this proposal. This Ops Spec would outline the pilot
qualification, training, and recordkeeping requirements necessary to
receive approval of the program. Ops Specs are paragraphs written and
issued to the operator to provide specific requirements for certain FAA
approved operations. The burden for initial approval would be reflected
in this part 119 information collection.
The information collection already accounts for an average of 50
Ops Spec amendments per operator annually under Sec. 119.51(c). The
FAA has determined that this annual estimate of Ops Spec changes is too
high and is currently 25 per year. This new estimate would include the
modification that is necessary to conduct the SIC training program. The
FAA estimates that each Ops Spec change takes 0.2 hours (12 minutes).
The current overall burden for the average number of Op Specs per
year is less and will be reflected under Sec. 119.51(c) of the
supporting statement for approved Information collection 2120-0593,
``Part 119 Certification: Air Carriers and Commercial Operators.''
A certificate holder would submit for FAA approval of proposed
curriculums for a SIC training that would need to meet the requirements
specified in guidance (within an advisory circular) for the development
of a SIC Professional Development Program. As discussed in the
regulatory evaluation accompanying the NPRM, discussions with the
Regional Air Cargo Carriers Association indicate that all of their air
carrier members would be interested in providing such a program. RACCA
has approximately 50 members who provide part 135 air cargo services.
However, the FAA has no basis on which to estimate the number of air
cargo carriers that might choose to either develop a SIC PDP, or
implement and offer a SIC PDP based on existing operations. It is
estimated that the operator would
[[Page 29751]]
require approximately 40 hours to prepare and submit such new
curriculums for FAA approval, or 20 hours to submit amended curricula.
The FAA seeks comments, including supporting data, regarding the number
of operators who might choose to use this provision annually, and
whether those operators already have training curricula in place or
would need to develop new curricula to meet the proposed requirements.
This change would be reflected in the supporting statement for
approved information collection 2120-0039, ``Operating Requirements:
Commuter and On Demand Operations.''
For those pilots who become qualified to log SIC time under this
provision, this would increase the recordkeeping requirements by the
addition of these logbook endorsements. The FAA estimates that the
pilots logging SIC time would require approximately 1.0 hours annually
to log the various endorsements proposed in this provision. In
information collection 2120-0021, the FAA states: ``Section 61.51,
Pilot logbooks--requires pilots to enter flight time that is to be
credited toward experience or training requirements for certificates or
ratings in a reliable record.''
The FAA notes that this provision is voluntary and also considers
this to be a minimum cost rule provision with positive, but
unquantifiable, benefits. The time and burden estimated for the
required logbook endorsement verifying the pilot is qualified to log
this SIC time would be provided in approved information collection
2120-0021, ``Pilots, Flight Instructors and Ground Instructors.''
Pilot School Use of Special Curricula Courses for Renewal of
Certificate
The FAA is proposing to amend Sec. 141.5(d) to allow part 141
pilot schools that hold training course approvals for special curricula
courses to renew their certificates based on their students' successful
completion of an end-of-course test for these FAA approved courses.
There are currently hundreds of FAA approved special curricula courses
in use by active pilot schools but it is likely that with this new
allowance, some schools will request new special curricula course
approvals. The FAA seeks comments regarding the number of schools that
might use this provision.
The FAA notes that this provision is voluntary and also considers
this to be a minimum cost rule provision with positive, but
unquantifiable, benefits. The time and burden estimated for a Part 141
Pilot School to develop and submit for approval will be provided in the
OMB supporting statement for approved information collection 2120-0009,
``Operating Requirements: Pilot Schools--FAR Part 141.'' The statement
will also be adjusted for the current number of FAA certificated pilot
schools currently listed at 581.
The below summarizes the changes made to each of the affected
information collections.
Information Collection 2120-0009: Pilot Schools--FAR Part 141
Abstract: 49 CFR part 44707 authorizes certification of civilian
schools giving instruction in flying. Information collected is used for
certification and to determine applicant compliance. The information on
FAA Form 8420-8, Application for Pilot School Certificates, is required
from applicants who wish to be issued pilot school certificates and
associated ratings.
Table 4--Summary of Changes to Information Collection 2120-0009
------------------------------------------------------------------------
Provision Frequency Per respondent
------------------------------------------------------------------------
New special curricula approvals. As needed......... 0.5 hours.
New applications................ As needed......... 0.5 hours.
Adding special curricula........ As needed......... 0.5 hours.
------------------------------------------------------------------------
Information Collection 2120-0021: Certification: Pilots, Flight
Instructors, and Ground Instructors
Abstract: 14 CFR part 61 prescribes certification standards for
pilots, flight instructors, and ground instructors. The information
collected is used to determine compliance with applicant eligibility,
via FAA Form 8710-1.
Table 5--Summary of Changes to Information Collection 2120-0021
------------------------------------------------------------------------
Provision Frequency Per respondent
------------------------------------------------------------------------
Instrument Recency Experience (4 times per year) (0.1 hours).
Requirements.
Second in command time in part Annual............ 1 hour.
135 operations.
------------------------------------------------------------------------
Information Collection 2120-0039: Operating Requirements: Commuter and
On Demand Operations
Abstract: Title 49 U.S.C., Section 44702 authorizes issuance of air
carrier operating certificates. 14 CFR prescribes requirement for Air
Carrier/Commercial Operators. The information collected shows
compliance and applicant eligibility.
Table 6--Summary of Changes to Information Collection 2120-0039
------------------------------------------------------------------------
Provision Frequency Per respondent
------------------------------------------------------------------------
New SIC professional development As needed*........ 40 hours.
program.
[[Page 29752]]
Amend existing PIC professional As needed*........ 20 hours.
development program.
------------------------------------------------------------------------
* The FAA estimates that all operators intending to conduct a SIC
professional development program will apply to do so in the first year
of this information collection. The annual burden hours will be
reduced in years 2 and 3 of this information collection.
Information Collection 2120-0593: Certification: Air Carriers and
Commercial Operators
Abstract: The respondents to this information collection are
Federal Aviation Regulations Part 135 and 121 operators. The FAA will
use the information collected to ensure compliance and adherence to
regulations.
Table 7--Summary of Changes to Information Collection 2120-0593
----------------------------------------------------------------------------------------------------------------
Annual burden
Provision Frequency Per respondent hours
----------------------------------------------------------------------------------------------------------------
Initial approval of Operations As needed................. 0.2 hours................. ..............
Specification for SIC professional
development program.
----------------------------------------------------------------------------------------------------------------
The agency is soliciting comments to--
Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of collecting information on those who
are to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by August 10, 2016. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC
20053.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified the following differences with these
proposed regulations.
The FAA notes that, under proposed Sec. 61.159(c), pilots would be
permitted to log second in command flight time in part 135 operations
when a second pilot is not required. ICAO standards do not recognize
the crediting of flight time when a pilot is not required by the
aircraft certification or the operation under which the flight is being
conducted. Accordingly, all pilots who log flight time under this
provision and apply for an ATP certificate would have a limitation on
the certificate indicating that the pilot does not meet the PIC
aeronautical experience requirements of ICAO. This limitation may be
removed when the pilot presents satisfactory evidence that he or she
has met the ICAO standards.
G. Environmental Analysis
FAA Order 1050.1F 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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f and involves no extraordinary
circumstances.
VIII. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.
IX. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic,
[[Page 29753]]
environmental, energy, or federalism impacts that might result from
adopting the proposals in this document. The most helpful comments
reference a specific portion of the proposal, explain the reason for
any recommended change, and include supporting data. To ensure the
docket does not contain duplicate comments, commenters should send only
one copy of written comments, or if comments are filed electronically,
commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The agency may change this proposal in
light of the comments it receives.
Commenters are encouraged to identify the provisions on which they
are commenting based on the title of the provisions used in Table 1 of
this preamble.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
Searching the Federal eRulemaking Portal (http://www.regulations.gov);
Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
Accessing the Government Publishing Office's Web page at
http://www.fdsys.gov.
Copies may also be obtained 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) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced above.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Teachers.
14 CFR Part 63
Aircraft, Airman, Aviation safety.
14 CFR Part 91
Aircraft, Airmen, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Aircraft, Airmen, Aviation safety.
14 CFR Part 141
Airmen, Educational facilities, reporting and recordkeeping
requirements, Schools.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.1(b) as follows:
0
a. Add a new definition of ``aviation training device'' in alphabetical
order.
0
b. Revise the definition of ``pilot time;'' and,
0
c. Add new definition of ``technically advanced airplane'' in
alphabetical order.
The revisions and additions read as follows:
Sec. 61.1 Applicability and definitions.
* * * * *
(b) * * *
Aviation training device means a training device, other than a full
flight simulator or flight training device, that has been evaluated,
qualified, and approved by the Administrator.
* * * * *
Pilot time means that time in which a person--
(i) Serves as a required pilot flight crewmember;
(ii) Receives training from an authorized instructor in an
aircraft, full flight simulator, flight training device, or aviation
training device;
(iii) Gives training as an authorized instructor in an aircraft,
full flight simulator, flight training device, or aviation training
device; or
(iv) Serves as second in command in operations conducted under part
135 of this chapter when a second pilot is not required under the type
certification of the aircraft or the regulations under which the flight
is being conducted, provided the requirements in Sec. 61.159(c)(1) are
satisfied.
* * * * *
Technically Advanced Airplane (TAA) means an airplane equipped with
an electronically advanced avionics system that includes the following
installed components:
(i) An electronic Primary Flight Display (PFD) that includes, at a
minimum, an airspeed indicator, turn coordinator, attitude indicator,
heading indicator, altimeter, and vertical speed indicator; and
(ii) An independent additional Multifunction Display (MFD) that
includes, at a minimum, a Global Positioning System (GPS) with moving
map navigation and an integrated two axis autopilot.
* * * * *
0
3. In Sec. 61.3, revise paragraph (a)(1)(iv), redesignate paragraph
(a)(1)(v) as (a)(1)(vi), and add paragraph (a)(1)(v) to read as
follows:
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
(a) * * *
(1) * * *
(iv) A document conveying temporary authority to exercise
certificate privileges issued by the Airmen Certification Branch under
Sec. 61.29(e);
(v) When engaged in a flight operation within the United States for
a part 119 certificate holder authorized to conduct operations under
parts 121 or 135, a temporary document provided by that certificate
holder under an approved certificate verification plan; or
* * * * *
0
4. In Sec. 61.39, revise paragraph (a)(3) to read as follows:
[[Page 29754]]
Sec. 61.39 Prerequisites for practical tests.
(a) * * *
(3) Have satisfactorily accomplished the required training and
obtained the aeronautical experience prescribed by this part for the
certificate or rating sought, and if applying for the practical test
with flight time accomplished under Sec. 61.159(c)(1), present a copy
of the records required by Sec. 135.63(a)(4)(vi) and (x) of this
chapter;
* * * * *
0
5. Amend Sec. 61.51 as follows:
0
a. In paragraphs (b)(1)(iii), (b)(1)(iv), (b)(2)(v), (b)(3)(iii),
(b)(3)(iv), (k)(1)(ii), and (k)(2)(ii), remove the words ``flight
simulator'' and add in their place the words ``full flight simulator'';
0
b. Revise paragraph (e)(1)(i);
0
c. Add paragraph (e)(5);
0
d. Revise paragraphs (f)(1) and (f)(2);
0
e. Add paragraph (f)(3);
0
f. Revise paragraph (g)(4);
0
g. Add paragraph (g)(5); and
0
h. Revise paragraph (h)(1).
The revisions and additions read as follows:
Sec. 61.51 Pilot logbooks.
* * * * *
(e) * * *
(1) * * *
(i) Except when logging flight time under Sec. 61.159(c)(1), 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;
* * * * *
(5) An authorized flight instructor may log all flight time while
acting as pilot in command of an operation under part 135 if the flight
is conducted in accordance with an approved second-in-command
professional development program that meets the requirements of Sec.
135.99(c).
(f) * * *
(1) Is qualified in accordance with the second-in-command
requirements of Sec. 61.55 of this part, and occupies a crewmember
station in an aircraft that requires more than one pilot by the
aircraft's type certificate;
(2) Holds the appropriate category, class, and instrument rating
(if an instrument rating is required for the flight) for the aircraft
being flown, and more than one pilot is required under the type
certification of the aircraft or the regulations under which the flight
is being conducted; or
(3) Serves as second in command in operations conducted under part
135 of this chapter when a second pilot is not required under the type
certification of the aircraft or the regulations under which the flight
is being conducted, provided the requirements in Sec. 61.159(c)(1) are
satisfied.
(g) * * *
(4) A person may use time in a full flight simulator, flight
training device, or aviation training device for acquiring instrument
aeronautical experience for a pilot certificate or rating 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.
(5) A person may use time in a full flight simulator, flight
training device, or aviation training device for satisfying instrument
recency experience requirements provided a logbook or training record
is maintained to specify the approved training device, time, and the
content.
(h) Logging training time. (1) A person may log training time when
that person receives training from an authorized instructor in an
aircraft, full flight simulator, flight training device, or aviation
training device.
* * * * *
0
6. Amend Sec. 61.57 as follows:
0
a. In paragraphs (a)(3), (b)(2), (d)(1)(ii), (e)(4)(ii)(D), and (g)
introductory text, remove the words ``flight simulator'' and add in
their place the words ``full flight simulator'';
0
b. Revise paragraph (c)(2); remove paragraphs (c)(3) through (c)(5);
and, redesignate paragraph (c)(6) as paragraph (c)(3).
The revisions read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(c) * * *
(2) Use of a full flight simulator, flight training device, or
aviation training device for maintaining instrument experience. A pilot
may accomplish the requirements in paragraph (c)(1) of this section in
an approved full flight simulator, flight training device, or aviation
training device provided the device represents the category of aircraft
for the instrument rating privileges to be maintained and the pilot
performs the tasks and iterations in simulated instrument conditions.
* * * * *
0
7. Revise Sec. 61.99 to read as follows:
Sec. 61.99 Aeronautical experience.
(a) A person who applies for a recreational pilot certificate must
receive and log at least 30 hours of flight time that includes at
least--
(1) 15 hours of flight training from an authorized instructor on
the areas of operation listed in Sec. 61.98 of this part that consists
of at least:
(i) Except as provided in Sec. 61.100 of this part, 2 hours of
flight training en route to an airport that is located more than 25
nautical miles from the airport where the applicant normally trains,
which includes at least three takeoffs and three landings at the
airport located more than 25 nautical miles from the airport where the
applicant normally trains; and
(ii) Three hours of flight training with an authorized instructor
in the aircraft for the rating sought in preparation for the practical
test within the preceding 2 calendar months from the month of the test.
(2) Three hours of solo flying in the aircraft for the rating
sought, on the areas of operation listed in Sec. 61.98 of this part
that apply to the aircraft category and class rating sought.
(b) The holder of a sport pilot certificate may credit 10 hours of
flight training received from a flight instructor with a sport pilot
rating toward the training requirements of this section provided the
flight training is accomplished in the same category and class of
aircraft as the recreational pilot certificate rating sought.
0
8. In Sec. 61.109, amend paragraph (k) by removing the words ``flight
simulator'' and adding in their place the words ``full flight
simulator'', and add paragraph (l) to read as follows:
Sec. 61.109 Aeronautical experience.
* * * * *
(l) Permitted credit for flight training received from a flight
instructor with a sport pilot rating. The holder of a sport pilot
certificate may credit flight training received from a flight
instructor with a sport pilot rating as follows:
(1) For a private pilot certificate with an airplane category
single engine class rating or private pilot certificate with a
rotorcraft category gyroplane class rating, a person may credit 10
hours of flight training received from a flight instructor provided the
flight training is accomplished in the same category and class of
aircraft for the rating sought.
(2) For a private pilot certificate with a lighter-than-air
category airship class rating, a pilot may credit 12.5 hours of flight
training received from a flight instructor with a sport pilot rating
provided that training was accomplished in an airship.
(3) For a private pilot certificate with a lighter-than-air
category balloon class rating, a pilot may credit 5 hours of flight
training including 3 training flights received from a flight instructor
with a sport pilot rating provided that
[[Page 29755]]
flight training was accomplished in a balloon.
0
9. In Sec. 61.129:
0
a. Revise paragraphs (a)(3)(ii) and (b)(3)(ii); and
0
b. In paragraphs (c)(3)(i), (d) introductory text, (d)(3)(i), and (i),
remove the words ``flight simulator'' and add in their place the words
``full flight simulator''. The revisions read as follows:
Sec. 61.129 Aeronautical experience.
(a) * * *
(3) * * *
(ii) 10 hours of training in a complex airplane, a turbine-powered
airplane, or a technically advanced airplane (TAA); or for an applicant
seeking a single-engine seaplane rating, 10 hours of training in a
seaplane that has flaps and a controllable pitch propeller;
* * * * *
(b) * * *
(3) * * *
(ii) 10 hours of training in a multiengine complex or turbine-
powered airplane; or for an applicant seeking a multiengine seaplane
rating, 10 hours of training in a multiengine seaplane that has flaps
and a controllable pitch propeller;
* * * * *
0
10. In Sec. 61.159:
0
a. Amend paragraph (a)(4) by removing the words ``flight simulator''
and adding in their place the words ``full flight simulator'';
0
b. Revise the introductory text of paragraph (a)(5), the introductory
text of paragraph (c), and paragraph (c)(1). The revisions read as
follows:
Sec. 61.159 Aeronautical experience: Airplane category rating.
(a) * * *
(5) 250 hours of flight time in an airplane as a pilot in command,
or when serving as a required second in command flightcrew member
performing the duties of pilot in command while under the supervision
of a pilot in command, or any combination thereof, which includes at
least--
* * * * *
(c) A commercial pilot may log the following second-in-command
pilot time or flight-engineer flight time toward the 1,500 hours of
total time as a pilot required by paragraph (a) of this section and the
total flight time requirements in Sec. 61.160:
(1) Second-in-command pilot time in operations conducted under part
135 of this chapter when a second pilot is not required under the type
certification of the aircraft or the regulations under which the flight
is being conducted, provided--
(i) The experience is accomplished as part of a second-in-command
professional development program approved by the Administrator under
Sec. 135.99 of this chapter;
(ii) The pilot in command of the operation certifies in the pilot's
logbook that the second-in-command pilot time was accomplished under
this section; and
(iii) The pilot time may not be logged as pilot-in-command time
even when the pilot is the sole manipulator of the controls and may not
be used to meet the aeronautical experience requirements in paragraphs
(a)(1) through (a)(5) of this section.
* * * * *
0
11. In Sec. 61.161, amend paragraph (b) by removing the words ``flight
simulator'' and adding in their place the words ``full flight
simulator'', and add paragraphs (c), (d), and (e) to read as follows:
Sec. 61.161 Aeronautical experience: Rotorcraft category and
helicopter class rating.
* * * * *
(c) Flight time logged under Sec. 61.159(c)(1) of this chapter may
be counted toward the 1,200 hours of total time as a pilot required by
paragraph (a) of this section.
(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
12. In Sec. 61.195, revise paragraphs (b) and (c) to read as follows:
Sec. 61.195 Flight instructor limitations and qualifications.
* * * * *
(b) Aircraft Ratings. Except as provided in paragraph (c) of this
section, a flight instructor may not conduct flight training in any
aircraft for which the flight instructor does not hold:
(1) A flight instructor certificate with the applicable category
and class rating; and
(2) A pilot certificate with a type rating, if appropriate.
(c) Instrument Rating. A flight instructor may conduct 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 if the flight instructor
holds an instrument rating appropriate to the aircraft used for the
instrument training on his or her flight instructor certificate, and:
(1) Meets the requirements of paragraph (b) of this section; or
(2) Holds a commercial pilot certificate or airline transport pilot
certificate with the appropriate category and class ratings for the
aircraft in which the instrument training is provided if the pilot
receiving instrument training holds a pilot certificate with category
and class ratings appropriate to the aircraft in which the instrument
training is being provided.
* * * * *
0
13. In Sec. 61.197, revise paragraph (a)(2)(iv) and (c) to read as
follows:
Sec. 61.197 Renewal requirements for flight instructor certification.
(a) * * *
(2) * * *
(iv) A record showing that, within the preceding 24 months from the
month of application, the flight instructor passed an official U.S.
Armed Forces proficiency check in an aircraft for which the military
instructor already holds a rating or in an aircraft for an additional
rating.
* * * * *
(c) The practical test required by paragraph (a)(1) of this section
may be accomplished in a full flight simulator or flight training
device if the test is accomplished pursuant to an approved course
conducted by a training center certificated under part 142 of this
chapter.
0
14. In Sec. 61.199, add paragraphs (a)(3), (c) and (d) to read as
follows:
Sec. 61.199 Reinstatement requirements of an expired flight
instructor certificate.
(a) * * *
(3) For military instructors, provide a record showing that, within
the preceding 6 calendar months from the date of application for
reinstatement, the person passed a U.S. Armed Forces instructor pilot
or pilot examiner
[[Page 29756]]
proficiency check for an additional military instructor rating.
* * * * *
(c) The holder of an expired flight instructor certificate issued
prior to October 20, 2009, may apply for reinstatement of that
certificate by presenting the following:
(1) A record showing that, since the date the flight instructor
certificate was issued, the person passed a U.S. Armed Forces
instructor pilot or pilot examiner proficiency check for an additional
military rating; and
(2) 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.
(d) The requirements of paragraph (c) of this section will expire
on [THE FAA WILL INSERT DATE ONE YEAR AFTER THE EFFECTIVE DATE OF FINAL
RULE IN FEDERAL REGISTER].
0
15. Add Sec. 61.412 to read as follows:
Sec. 61.412 Do I need additional training to provide instruction on
control and maneuvering an airplane solely by reference to the
instruments in a light-sport aircraft based on Vh?
To provide flight training on control and maneuvering an aircraft
solely by reference to the instruments for the purpose of issuing a
solo cross-country endorsement to a sport pilot applicant under Sec.
61.93(e)(12), a sport pilot instructor must:
(a) Hold an endorsement under Sec. 61.327;
(b) Receive and log a minimum of 1 hour of ground training and 3
hours of flight training from an authorized instructor in an airplane
with a Vh greater than 87 knots CAS or in a full flight
simulator or flight training device that replicates an airplane with a
Vh greater than 87 knots CAS; and
(c) Receive a one-time endorsement in the sport pilot instructor's
logbook from an instructor authorized under subpart H of this part who
certifies that the person is proficient in providing training on
control and maneuvering solely by reference to the instruments in an
airplane with a Vh greater than 87 knots CAS. This flight
training must include straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives.
0
16. In Sec. 61.415, redesignate paragraphs (h) and (i) as paragraphs
(i) and (j), and add paragraph (h) to read as follows:
Sec. 61.415 What are the limits of a flight instructor certificate
with a sport pilot rating?
* * * * *
(h) You may not provide training on the control and maneuvering of
an aircraft solely by reference to the instruments in a light sport
aircraft with a Vh greater than 87 knots CAS unless you meet
the requirements in Sec. 61.412.
* * * * *
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
17. The authority citation for part 63 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.
0
18. Revise Sec. 63.3 to read as follows:
Sec. 63.3 Certificates and ratings required.
(a) Except as provided in paragraph (c), no person may act as a
flight engineer of a civil aircraft of U.S. registry unless that person
has in his or her personal possession or readily accessible in the
aircraft:
(1) A current flight engineer certificate with appropriate ratings
issued to that person under this part;
(2) A document conveying temporary authority to exercise
certificate privileges issued by the Airman Certification Branch under
Sec. 63.16(d) of this part; or
(3) When engaged in a flight operation within the United States for
a part 119 certificate holder authorized to conduct operations under
parts 121, a temporary document provided by that certificate holder
under an approved certificate verification plan.
(b) A person may act as a flight engineer of an aircraft only if
that person holds a current second-class (or higher) medical
certificate issued to him 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.
(c) When the aircraft is operated within a foreign country, a
current flight engineer certificate issued by the country in which the
aircraft is operated, with evidence of current medical qualification
for that certificate, may be used. Also, in the case of a flight
engineer certificate issued under Sec. 63.42, evidence of current
medical qualification accepted for the issue of that certificate is
used in place of a medical certificate.
(d) No person may act as a flight navigator of a civil aircraft of
U.S. registry unless he has in his personal possession a current flight
navigator certificate issued to him under this part and a second-class
(or higher) medical certificate issued to him under part 67 of this
chapter within the preceding 12 months. However, when the aircraft is
operated within a foreign country, a current flight navigator
certificate issued by the country in which the aircraft is operated,
with evidence of current medical qualification for that certificate,
may be used.
(e) Each person who holds a flight engineer or flight navigator
certificate, or medical certificate, shall present either or both for
inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
0
19. Revise Sec. 63.16 to read as follows:
Sec. 63.16 Change of name; replacement of lost or destroyed
certificate.
(a) An application for a change of name on a certificate issued
under this part must be accompanied by the applicant's current
certificate and the marriage license, court order, or other document
verifying the change. The documents are returned to the applicant after
inspection.
(b) A request for a replacement of a lost or destroyed airman
certificate issued under this part must be made--
(1) By letter to the Department of Transportation, Federal Aviation
Administration, Airman Certification Branch, Post Office Box 25082,
Oklahoma City, OK 73125 and must be accompanied by a check or money
order for the appropriate fee payable to the FAA; or
(2) In any other form and manner approved by the Administrator
including a request to Airman Services at http://www.faa.gov, and must
be accompanied by acceptable form of payment for the appropriate fee.
(c) A request for the replacement of a lost or destroyed medical
certificate must be made:
(1) By letter to the Department of Transportation, FAA, Aerospace
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK
73125, and must be accompanied by a check or money order for the
appropriate fee payable to the FAA; or
(2) In any other manner and form approved by the Administrator and
must be accompanied by acceptable form of payment for the appropriate
fee.
(d) A request for the replacement of a lost or destroyed knowledge
test report must be made:
(1) By letter to the Department of Transportation, FAA, Airmen
[[Page 29757]]
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must
be accompanied by a check or money order for the appropriate fee
payable to the FAA; or
(2) In any other manner and form approved by the Administrator and
must be accompanied by acceptable form of payment for the appropriate
fee.
(e) The letter requesting replacement of a lost or destroyed airman
certificate, medical certificate, or knowledge test report must state:
(1) The name of the person;
(2) The permanent mailing address (including ZIP code), or if the
permanent mailing address includes a post office box number, then the
person's current residential address;
(3) The 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.
(f) A person who has lost an airman certificate, medical
certificate, or knowledge test report may obtain in a form or manner
approved by the Administrator, a document conveying temporary authority
to exercise certificate privileges from the FAA Aeromedical
Certification Branch or the Airman Certification Branch, as
appropriate, and the--
(1) Document may be carried as an airman certificate, medical
certificate, or knowledge test report, as appropriate, for a period not
to exceed 60 days pending the person's receiving a duplicate under
paragraph (b), (c), or (d) of this section, unless the person has been
notified that the certificate has been suspended or revoked.
(2) Request for such a document must include the date on which a
duplicate certificate or knowledge test report was previously
requested.
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
20. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation (61 Stat. 1180), (126
Stat. 11).
0
21. In Sec. 91.109, revise paragraph (c)(1) to read as follows:
Sec. 91.109 Flight instruction; Simulated instrument flight and
certain flight tests.
* * * * *
(c) * * *
(1) The other control seat is occupied by a safety pilot who
possesses at least:
(i) A private pilot certificate with category and class ratings
appropriate to the aircraft being flown; or
(ii) For purposes of providing training for a solo cross-country
endorsement under Sec. 61.93 of this chapter, a flight instructor
certificate with an appropriate sport pilot rating and an endorsement
under Sec. 61.412 of this chapter.
* * * * *
0
22. In Sec. 91.313, revise paragraphs (b), (c), and (d)(3) and (d)(4)
and add paragraphs (d)(5) and (h) to read as follows:
Sec. 91.313 Restricted category civil aircraft: Operating
limitations.
* * * * *
(b) For the purpose of paragraph (a) of this section, the following
operations are considered necessary to accomplish the work activity
directly associated with a special purpose operation:
(1) Flights conducted for flight crewmember training in a special
purpose operation for which the aircraft is certificated and flights
conducted to satisfy proficiency check and recent flight experience
requirements under part 61 of this chapter provided the flight
crewmember holds the appropriate category, class, and type ratings and
is employed by the operator to perform the appropriate special purpose
operation; and
(2) Flights conducted to relocate the aircraft for maintenance.
(c) No person may operate a restricted category civil aircraft
carrying persons or property for compensation or hire. For the purposes
of this paragraph, a special purpose operation involving the carriage
of persons or material necessary to accomplish that operation, such as
crop dusting, seeding, spraying, and banner towing (including the
carrying of required persons or material to the location of that
operation), an operation for the purpose of providing flight crewmember
training in a special purpose operation, and an operation conducted
under the authority provided in paragraph (h) of this section are not
considered to be the carriage of persons or property for compensation
or hire.
(d) * * *
(3) Performs an essential function in connection with a special
purpose operation for which the aircraft is certificated;
(4) Is necessary to accomplish the work activity directly
associated with that special purpose; or
(5) Is necessary to accomplish an operation under paragraph (h) of
this section.
* * * * *
(h) Deviation authority. (1) An operator may apply for deviation
authority from the provisions of paragraph (a) of this section to
conduct operations for the following purposes:
(i) Flight training and the practical test for issuance of a type
rating provided the pilot being trained and tested holds at least a
commercial pilot certificate with the appropriate category and class
ratings for the aircraft type and is employed by the operator to
perform a special purpose operation; and
(ii) Flights to designate an examiner or training center evaluator
or qualify an FAA inspector in the aircraft type and flights necessary
to provide continuing oversight and evaluation of an examiner or
inspector.
(2) The FAA will issue this deviation authority as a letter of
deviation authority.
(3) The FAA may cancel or amend a letter of deviation authority at
any time.
(4) An applicant must submit a request for deviation authority in a
form and manner acceptable to the Administrator at least 60 days before
the date of intended operations. A request for deviation authority must
contain a complete description of the proposed operation and
justification that establishes a level of safety equivalent to that
provided under the regulations for the deviation requested.
0
23. Revise Sec. 91.531 to read as follows:
Sec. 91.531 Second in command requirements.
(a) Except as provided in paragraph (b) of this section, no person
may operate the following airplanes without a pilot designated as
second in command:
(1) Any airplane that is type certificated for more than one
required pilot.
(2) Any large airplane unless the type certification requirements
for that airplane permit operation by a single pilot.
(3) Any commuter category airplane.
(b) A person may operate the following airplanes without a pilot
designated as second in command:
(1) A large airplane certificated under SFAR 41 if that airplane is
certificated for operation with one pilot.
(2) A commuter category airplane, that has a passenger seating
configuration, excluding pilot seats, of
[[Page 29758]]
nine or less if that airplane is type certificated for one required
pilot.
(3) A large or turbojet-powered multiengine airplane that holds a
special airworthiness certificate, if:
(i) the airplane was originally designed with only one pilot
station, or
(ii) the airplane was originally designed with more than one pilot
station, but single pilot operations were permitted by the airplane
flight manual or were otherwise permitted by a branch of the United
States armed forces or the armed forces of a foreign contracting State
to the Convention on International Civil Aviation.
(c) No person may designate a pilot to serve as second in command,
nor may any pilot serve as second in command, of an airplane required
under this section to have two pilots unless that pilot meets the
qualifications for second in command prescribed in Sec. 61.55 of this
chapter.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
24. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119,
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348
(49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C.
44732 note).
0
25. In Sec. 121.383, revise paragraph (c) to read as follows:
Sec. 121.383 Airman: Limitations on use of services.
* * * * *
(c) A certificate holder may obtain approval to provide a temporary
document verifying a flightcrew member's airman certificate and medical
certificate privileges under an approved certificate verification plan
set forth in the certificate holder's operations specifications. A
document provided by the certificate holder may be carried as an airman
certificate or medical certificate on flights within the United States
for up to 72 hours.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
26. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
27. Revise Sec. 135.95 to read as follows:
Sec. 135.95 Airmen: Limitations on use of services.
(a) No certificate holder may use the services of any person as an
airman unless the person performing those services--
(1) Holds an appropriate and current airman certificate; and
(2) Is qualified, under this chapter, for the operation for which
the person is to be used.
(b) A certificate holder may obtain approval to provide a temporary
document verifying a flightcrew member's airman certificate and medical
certificate privileges under an approved certificate verification plan
set forth in the certificate holder's operations specifications. A
document provided by the certificate holder may be carried as an airman
certificate or medical certificate on flights within the United States
for up to 72 hours.
0
28. In Sec. 135.99, add paragraphs (c) and (d) to read as follows:
Sec. 135.99 Composition of flight crew.
* * * * *
(c) Except as provided in paragraph (d), a certificate holder
authorized to conduct operations under instrument flight rules may
receive authorization from the Administrator through its operations
specifications to establish a second-in-command professional
development program. As part of that program, a pilot employed by the
certificate holder may log time as second in command in operations
under this part that do not require a second pilot by type
certification of the aircraft or the regulation under which the flight
is being conducted, provided--
(1) The certificate holder:
(i) Maintains records for each assigned second in command
consistent with the requirements in Sec. 135.63 of this part;
(ii) Provides a copy of the records required by Sec.
135.63(a)(4)(vi) and (x) of this part to the assigned second in command
upon request and within a reasonable time;
(iii) Establishes and maintains a data collection and analysis
process that will enable the certificate holder and the FAA to
determine whether the professional development program is accomplishing
its objectives; and
(iv) Conducts flight instructor standardization meetings at least
once every 12 calendar months for all flight instructors serving as
pilot in command during operations with a second in command serving
under the professional development program.
(2) The aircraft is a multiengine airplane that has an independent
set of controls for a second pilot flightcrew member which may not
include a throwover control wheel and the following equipment and
independent instrumentation for a second pilot:
(i) An airspeed indicator;
(ii) Sensitive altimeter adjustable for barometric pressure;
(iii) Gyroscopic bank and pitch indicator;
(iv) Gyroscopic rate-of-turn indicator combined with an integral
slip-skid indicator;
(v) Gyroscopic direction indicator;
(vi) For IFR operations, a vertical speed indicator;
(vii) For IFR operations, course guidance for en route navigation
and instrument approaches; and
(viii) A microphone, transmit switch, and headphone or speaker.
(3) The pilot assigned to serve as second in command satisfies the
following requirements:
(i) The second in command qualifications in Sec. 135.245 of this
part;
(ii) The flight time and duty period limitations and rest
requirements in subpart F of this part;
(iii) The crewmember testing requirements for second in command in
subpart G of this part; and
(iv) The crewmember training requirements for second in command in
subpart H of this part; and
(4) The assigned pilot in command is a flight instructor (aircraft)
qualified under Sec. Sec. 135.338 and 135.340 of this part.
(d) The following certificate holders are not eligible to receive
authorization for a second-in-command professional development program
under paragraph (c):
(1) A certificate holder that uses only one pilot in its
operations; and
(2) A certificate holder that has been approved to deviate from the
requirements in Sec. Sec. 135.21(a), 135.341(a), or 119.69(a) of this
chapter.
0
29. In Sec. 135.245, revise paragraph (a) and add paragraph (c) to
read as follows.
Sec. 135.245 Second in command qualifications.
(a) Except as provided in paragraph (b), no certificate holder may
use any person, nor may any person serve, as second in command of an
aircraft unless that person holds at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating.
* * * * *
(c) No certificate holder may use any person, nor may any person
may serve, as second in command under IFR unless
[[Page 29759]]
that person meets the following instrument experience requirements:
(1) Use of an airplane or helicopter 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-flight in an airplane or helicopter, as appropriate,
in actual weather conditions, or under simulated instrument conditions
using a view-limiting device:
(i) Six instrument approaches;
(ii) Holding procedures and tasks; and
(iii) Intercepting and tracking courses through the use of
navigational electronic systems.
(2) Use of an FSTD for maintaining instrument experience. A person
may accomplish the requirements in paragraph (c)(1) of this section in
an approved FSTD provided:
(i) The FSTD represents the category of aircraft for the instrument
rating privileges to be maintained;
(ii) The person performs the tasks and iterations in simulated
instrument conditions; and
(iii) An authorized instructor observes the tasks and iterations
and signs the person's logbook or training record to verify the time
and content of the session.
PART 141--PILOT SCHOOLS
0
30. The authority citation for part 141 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709, 44711, 45102-45103, 45301-45302.
0
31. In Sec. 141.5, revise paragraph (d) to read as follows:
Sec. 141.5 Requirements for a pilot school certificate.
* * * * *
(d) Has established a pass rate of 80 percent or higher on the
first attempt for all:
(1) Knowledge tests leading to a certificate or rating,
(2) Practical tests leading to a certificate or rating,
(3) End-of-course tests for an approved training course specified
in appendix K of this part; and
(4) End-of-course tests for special curricula courses approved
under Sec. 141.57 of this part.
* * * * *
0
32. In appendix D to part 141:
0
a. Revise section 4, paragraphs (b)(1)(ii) and (b)(2)(ii); and
0
b. Amend paragraphs (b)(3)(i) and (b)(4)(i), by removing the words
``flight simulator'' and adding in their place the words ``full flight
simulator''. The revisions read as follows:
Appendix D to Part 141--COMMERCIAL PILOT CERTIFICATION COURSE
* * * * *
4. Flight training.
* * * * *
(b) * * *
(1) * * *
(ii) Ten hours of training in a complex airplane, a turbine-
powered airplane, or a technically advanced airplane;
* * * * *
(2) * * *
(ii) 10 hours of training in a multiengine complex or turbine-
powered airplane;
* * * * *
0
33. In appendix I to part 141, revise section 4, paragraph (k)(2)(iv)
and (k)(2)(v) to read as follows:
Appendix I to Part 141--Additional Aircraft Category and/or Class
Rating Course
* * * * *
4. Flight training.
* * * * *
(k) * * *
(2) * * *
(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 of flight training in a multiengine airplane
within 2 calendar months before the date of the practical test.
* * * * *
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 44701(a)(5), and 44703(a), on April 22, 2016.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2016-10168 Filed 5-11-16; 8:45 am]
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