[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Proposed Rules]
[Pages 25499-25506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11086]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No.: FAA-2019-0360; Notice. No. 19-05]
RIN 2120-AL12


Removal of Check Pilot Medical Certificate Requirement

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would update regulatory text so as to remove 
inconsistencies applicable to check pilots and flight instructors in 
domestic, flag, and supplemental operations and flight instructors in 
commuter and on demand operations so that check pilots and flight 
instructors can continue to perform their functions in aircraft without 
a medical certificate, unless they are serving as required flightcrew 
members. The FAA also proposes to remove the medical certificate 
requirement for check pilots in commuter and on demand operations who 
perform their functions in aircraft and are not serving as required 
flightcrew members. Removing the medical certificate requirement would 
enable pilots who are otherwise qualified, to function as check pilots 
in aircraft.

DATES: Send comments on or before August 2, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0360 
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: Nancy Lauck Claussen, Aviation Safety 
Inspector, Air Transportation Division, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone: 202-267-8166; email: 
[email protected].

[[Page 25500]]


SUPPLEMENTARY INFORMATION:

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. The FAA issues this 
proposed rule under the authority Congress granted to the FAA 
Administrator in 49 U.S.C. 106. Section 106(f) vests final authority in 
the Administrator for carrying out all functions, powers, and duties of 
the administration relating to the promulgation of regulations and 
rules.
    Subtitle VII of title 49 of the United States Code, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
This rule is issued under the authority granted to the Administrator by 
Congress in 49 U.S.C. 44701 and 44705. Section 44701(a)(5) 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. In addition, Sec.  44701(d)(1)(A) specifically 
requires the Administrator, when prescribing safety regulations, to 
consider ``the duty of an air carrier to provide service with the 
highest possible degree of safety in the public interest.'' Finally, 
Sec.  44705 requires the Administrator to issue air carrier operating 
certificates that contain terms necessary to ensure safety in air 
transportation.

Executive Summary

    Currently, the FAA does not require part 121 check pilots and 
flight instructors in airplanes and part 135 flight instructors in 
aircraft (airplanes and rotorcraft) to hold medical certificates, 
unless serving as required flightcrew members. However, this 
requirement is not clear because of inconsistencies in the regulatory 
text in parts 121 and 135. This action would amend the regulatory text 
to remove these inconsistencies so that it is clear that check pilots 
and flight instructors conducting checking and training functions in 
aircraft may serve without medical certificates, as long as they are 
not required flightcrew members.
    Additionally, current regulations require check pilots under part 
135 who perform their duties in aircraft to hold a medical certificate 
even if they are not serving as required flightcrew members. As a 
result, some experienced pilots who would otherwise qualify to perform 
part 135 check pilot functions in an aircraft, but who are not 
medically eligible to hold a medical certificate, are limited to 
conducting check pilot functions in flight simulation training devices 
(FSTDs). This rule proposes to eliminate the requirement for a medical 
certificate for check pilots who are not serving as required flightcrew 
members. This proposed change would increase the number of experienced 
pilots who would be able to qualify as part 135 check pilots on 
aircraft.
    Table 1 summarizes the provisions included in this rule, the 
sections affected and impacts.

                       Table 1--Summary of Proposed Changes, Sections Affected and Impacts
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             Provision                         Summary               Sections affected            Impact
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                                   Check Pilot Medical Certificate Requirement
----------------------------------------------------------------------------------------------------------------
Remove the check pilot medical        Removes the         135.337(b)(5), (e)....  Possible small cost
 certificate requirement for 135      requirement for a medical                            savings for pilots
 check pilots (aircraft).             certificate in part 135                              who choose to stop
                                      for check pilots                                     obtaining a medical
                                      (aircraft) who are not                               certificate.
                                      serving as required
                                      flightcrew members.
                                      Restructures        135.337...............
                                      section to remove
                                      duplicative requirements.
Update current medical certificate    Removes             121.411(b)(5);          No impact.
 requirements for check pilots and    requirement for third-       121.412(b)(5);
 flight instructors in part 121 and   class medical certificate    135.338(b)(5), (e)
 flight instructors in part 135.      and explicitly states that
                                      only those part 121 check
                                      pilots (airplane) or
                                      flight instructors
                                      (airplane), or part 135
                                      flight instructors
                                      (aircraft), serving as
                                      required flightcrew
                                      members must have
                                      appropriate medical
                                      certificates to serve as
                                      such.
                                      Adds ``required''   135.337(e);
                                      before ``flightcrew          135.338(b)(5), (e)
                                      member'' to emphasize that
                                      medical certificates are
                                      only required for check
                                      pilots and flight
                                      instructors who are
                                      serving as required
                                      flightcrew members.
                                      Restructures        135.338
                                      section to remove
                                      duplicative requirements.
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                                      Conforming and Miscellaneous Changes
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Update nomenclature................   Updates             135.113;                No impact.
                                      nomenclature in part 135     135.297(c)(2);
                                      to change ``check airmen''   135.321(a)(2);
                                      to ``check pilots'',         135.323(a)(1),
                                      ``check airman'' to          (a)(4), (c);
                                      ``check pilot'', and         135.324(b)(4);
                                      ``simulator'' to ``FSTD'',   135.337(a), (b), (e),
                                      where appropriate.           (f); 135.338(a), (f);
                                                                   135.339(a), (c), (d),
                                                                   (e), (g);
                                                                   135.340(a)(2)
                                      Updates             121.411(b)(5);
                                      nomenclature to change       121.412(b)(5),
                                      ``Class I'', ``Class II'',   (f)(1);
                                      and ``Class III'' medical    135.337(b)(5);
                                      certificates to ``first-     135.338(b)(5)
                                      class'', ``second-class'',
                                      and ``third-class''
                                      medical certificates,
                                      respectively.
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I. Background

    All pilots serving in part 121 and part 135 operations are required 
to complete competency checks and proficiency checks on a regular basis 
to ensure each pilot's competency in operating the specific aircraft 
and conducting instrument operations. These checks are conducted by 
check pilots, airmen approved by the FAA who have the appropriate 
knowledge, training, experience, and demonstrated ability to evaluate 
and to certify the knowledge and skills of other pilots. The role of 
the check pilot is to ensure that the flightcrew member has met 
competency standards before the check pilot releases the flightcrew 
member from training and to ensure that the flightcrew member maintains 
those standards while remaining in line service. A check pilot must be 
knowledgeable in the applicable requirements of 14 CFR parts 61, 91, 
110, 119, and part 121 or 135, other applicable FAA policies, safe 
operating practices, and the certificate holder's policies and 
procedures.
    A flight instructor is an airman designated by a part 121 or part 
135 certificate holder who has the appropriate knowledge, training, 
experience, and demonstrated ability to

[[Page 25501]]

instruct flightcrew members in a flight training segment of that 
certificate holder's training program.
    Flight instructors and check pilots typically do not serve as 
required crewmembers during training or checking in an FSTD. This is 
because they are typically staffing an instructor station from which 
they can oversee the simulation. They may serve as required flightcrew 
members during training or checking in aircraft, provided they are 
qualified as a pilot in command (including medical certificate 
requirements), and are also designated and authorized to perform 
training or checking functions in the specific aircraft being used. A 
flight instructor or check pilot is considered a required flightcrew 
member if the person receiving instruction is not qualified to act as 
pilot in command or if the type certificate of the aircraft on which 
instruction is being given requires more than one pilot flightcrew 
member and no other qualified pilot is on board.\1\
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    \1\ Letter of Interpretation to Willmot White from Carl 
Schellenberg, Assistant Chief Counsel, Regulations and Enforcement 
Division (Oct 5, 1978). Letter of Interpretation to Ivan Grau from 
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Oct. 
1, 2010); Letter of Interpretation to Louis Glenn from Rebeca B. 
MacPherson, Assistant Chief Counsel for Regulations (Dec. 1, 2009). 
(https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/).
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    Prior to 1996, the agency required medical certificates for flight 
instructors and check pilots performing such functions, even if not 
serving as required flightcrew members.\2\ In 1996, the FAA published 
the final rule, Training and Qualification Requirements for Check 
Pilots and Flight Instructors.\3\ The rule recognized that some 
experienced part 121 and 135 pilots who would otherwise qualify as 
flight instructors or check pilots but were not medically eligible to 
hold a medical certificate could not perform their functions even in 
simulators.\4\ The rule removed the medical certificate requirement 
altogether for flight instructors and check pilots in parts 135 and 121 
who perform their functions in flight simulators.\5\ However, the 
regulatory text was less clear as to the medical certificate 
requirement for flight instructors who perform their functions in 
aircraft in parts 135 and 121, and part 121 check pilots.
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    \2\ See e.g., Air Taxi Operators and Commercial Operators, 42 FR 
43490 (Aug. 29, 1977) and Air Taxi Operators and Commercial 
Operators, 43 FR 46742, 46777 (Oct. 10, 1978).
    \3\ Training and Qualification Requirements for Check Pilots and 
Flight Instructors, 61 FR 30734 (June 17, 1996).
    \4\ Id. at 30734.
    \5\ Id. at 30735.
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II. Discussion of the Proposed Rule

A. Part 121 Check Pilot/Flight Instructor and Part 135 Flight 
Instructor Medical Certificate Requirements

    Currently, the agency implements Sec. Sec.  121.411, 121.412, and 
135.338 such that part 121 check airmen (airplane), part 121 flight 
instructors (airplane), and part 135 flight instructors (aircraft) \6\ 
are not required to hold a medical certificate unless serving as 
required flightcrew members. There are, however, inconsistencies within 
the regulatory text of these provisions that has caused confusion. The 
agency proposes to resolve these inconsistencies with this NPRM.
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    \6\ The FAA's regulations distinguish between check pilots or 
flight instructors performing their functions in an airplane (under 
part 121) or aircraft (airplanes or rotorcraft under part 135), or 
in a flight simulator.
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    Amendments to the regulatory text implementing the medical 
certificate requirements for check airmen and flight instructors in 
part 121 training programs (Sec. Sec.  121.411 and 121.412) and flight 
instructors serving in aircraft in part 135 training programs (Sec.  
135.338), have resulted in inconsistencies within each of these 
sections. For example, Sec. Sec.  121.411(b)(5) and 121.412(b)(5) state 
that check pilots and flight instructors (airplane) must hold at least 
a third-class medical certificate unless serving as required 
crewmembers; however, Sec. Sec.  121.411(e) and 121.412(e) state that 
check pilots and flight instructors who do not hold an appropriate 
medical certificate may function as check airmen, but may not serve as 
flightcrew members in operations under this part. In part 135, Sec.  
135.338(b)(5) states that flight instructors (aircraft) must hold at 
least a third-class medical certificate; however, Sec.  135.338(e) 
states that an airman who does not hold a medical certificate may 
function as flight instructor in an aircraft if functioning as a non-
required crewmember.
    Allowing a part 121 check pilot, or a part 121 or part 135 flight 
instructor to serve as such in an airplane, without a medical 
certificate, when not serving as a required flightcrew member, has no 
negative effect on safety. Except in some circumstances in aircraft in 
part 135 operations, neither the check pilot nor the flight instructor 
sit at the controls for the aircraft unless serving as a required 
flightcrew member. Further, pilots serving as required flightcrew 
members must be fully qualified to serve as such, and must have the 
appropriate medical certificate. If a check pilot or flight instructor 
is not a required flightcrew member, they are not necessary for the 
operation and the flight may proceed whether or not they are present. 
Thus, requiring a medical certificate for check pilots and flight 
instructors who are not serving as required flightcrew members is an 
unnecessary burden. Moreover, there has been no degradation in the safe 
operation of aircraft resulting from the current application of the 
regulations during the estimated 8 years the agency has allowed 
eligible check airmen and flight instructors to serve without medical 
certificates if not serving as required crewmembers. Therefore, the FAA 
has determined the changes in this proposed rule would have no adverse 
impact on safety.
    Accordingly, the FAA proposes to amend Sec. Sec.  121.411(b)(5) and 
121.412(b)(5) to remove the language requiring the check pilots and 
flight instructors to hold at least a third-class medical certificate 
unless serving as a required crewmember. These paragraphs will retain 
the requirement that the check pilots and flight instructors must hold 
a first- or second-class medical certificate, as appropriate, if 
serving as required flightcrew members.
    Similarly, the FAA proposes to amend Sec.  135.338(b)(5) to remove 
the language requiring flight instructors to hold at least a third-
class medical certificate. For clarity and consistency with part 135 
requirements to serve as a required flightcrew member, the FAA proposes 
to add the requirement that the flight instructor must hold a first or 
second-class medical certificate, as appropriate, if serving as a 
required flightcrew member.

B. Part 135 Check Pilot Medical Certificate Requirement

    Currently, Sec.  135.337, requires check airmen serving in part 135 
in an aircraft to hold a third-class medical certificate, even if the 
check pilot is not serving as a required flightcrew member. Unlike the 
three previously discussed sections of 14 CFR (i.e., Sec. Sec.  
121.411, 121.412 and 135.338), Sec.  135.337 is unambiguous in 
establishing this third-class medical certificate requirement.
    The FAA proposes to remove the requirement for a check pilot 
serving in part 135 in an aircraft to hold a third-class medical 
certificate unless the check pilot is serving as a required flightcrew 
member. A check pilot would need to hold an appropriate medical 
certificate only if serving as a required flightcrew member. Removing 
the requirement for a third-class medical certificate for check pilots 
(aircraft) who

[[Page 25502]]

are not serving as required flightcrew members would not negatively 
affect safety for the same reasons provided in explaining the proposal 
to remove the third-class medical certificate requirement for check 
pilots in part 121 training and similarly, would provide regulatory 
relief from an unnecessary burden.
    This proposal would reduce regulatory burdens for part 135 
operators. Removing the medical certificate requirement would provide 
greater operational flexibility to certificate holders and ensure that 
otherwise qualified, experienced persons who meet all of the training 
and qualification requirements necessary to function as check pilots 
would have the opportunity to do so.

A. Miscellaneous and Conforming Amendments

    The FAA proposes the following amendments to improve the clarity 
and consistency of parts 135 and 121. This action proposes to change 
``check airmen'' and ``check airman'' to ``check pilots'' and ``check 
pilot'', respectively, throughout part 135, as appropriate. In 
addition, this rule proposes to update the text in Sec. Sec.  135.337 
and 135.338 by changing ``simulator'' to ``FSTD'' where appropriate.
    This action proposes to change ``Class I'', ``Class II'', and 
``Class III'' medical certificates to ``first-class'', ``second-
class'', and ``third-class'' medical certificates respectively, to 
align with the terminology used in part 61.
    This action proposes to add ``required'' before ``flightcrew 
member'' in Sec. Sec.  135.337(e) and 135.338(b)(5) and (e) to 
emphasize that medical certificates are only required for check pilots 
and flight instructors who are serving as required flightcrew members.
    This action proposes to change the structure of Sec. Sec.  135.337 
and 135.338, which currently list the check pilot and flight instructor 
(aircraft) and check pilot and flight instructor (simulator) 
requirements separately. Since this proposed rule would remove the 
medical certificate requirement altogether, the only difference in the 
requirements between check pilot (aircraft) and check pilot (simulator) 
would be the recency of experience requirement. Therefore, the 
requirements for both check pilot (aircraft) and check pilot 
(simulator) would be listed once in Sec.  135.337(b), and the recency 
of experience requirement for check pilot (aircraft) would be listed 
separately in Sec.  135.337(c). Similarly, the requirements for flight 
instructor (aircraft) and flight instructor (simulator) would be listed 
once in Sec.  135.338(b), and the recency of experience requirement for 
flight instructor (aircraft) would be listed separately in Sec.  
135.338(c).
    The FAA acknowledges that similar types of miscellaneous and 
conforming changes that are necessary for part 135 may be necessary for 
part 121. The FAA will consider proposing those changes to Sec.  
121.411 and Sec.  121.412 in a separate rulemaking action.

III. 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.
    In conducting these analyses, the FAA has determined that this 
proposed rule would: (1) Have savings and no additional costs, (2) not 
be an economically ``significant regulatory action'' as defined in 
section 3(f) of Executive Order 12866, (3) not have a significant 
economic impact on a substantial number of small entities; (4) not 
create unnecessary obstacles to the foreign commerce of the United 
States; and (5) 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.
    As previously discussed, the FAA has determined the changes in this 
proposed rule would have no adverse impact on safety. The FAA has found 
that by allowing a part 121 check pilot, or a part 121 or part 135 
flight instructor to serve as such in an airplane, without a medical 
certificate, when not serving as a required flightcrew member, has no 
negative effect on safety. Except in some circumstances in aircraft in 
part 135 operations, neither the check pilot nor the flight instructor 
sit at the controls for the aircraft unless serving as a required 
flightcrew member. Further, pilots serving as required flightcrew 
members must be fully qualified to serve as such, and must have the 
appropriate medical certificate. If a check pilot or flight instructor 
is not a required flightcrew member, they are not even necessary for 
the operation and the flight may proceed whether or not they are 
present. Thus, requiring a medical certificate for check pilots and 
flight instructors who are not serving as required flightcrew members 
would result in an unnecessary burden. Moreover, there has been no 
degradation in the safe operation of aircraft resulting from the 
current application of the regulations during the estimated 8 years the 
agency has allowed check airmen and flight instructors to serve without 
medical certificates if not serving as required crewmembers.
    As of June of 2018, there are roughly 1,035 part 135 check 
pilots.\7\ Out of 1,035 part 135 check pilots, there are roughly 496 
part 135 check pilots, who do not hold a medical certificate and who 
are therefore limited to performing check pilot duties in a flight 
simulator. This proposed rule would enable these check pilots, who are 
otherwise qualified, but may have become ineligible for a medical 
certificate during their employment, to function as check pilots in 
aircraft. While this proposed rule would expand the opportunities for 
these check pilots, there is not enough information on the demand for 
check pilots to perform their duties in an aircraft to quantify the 
impacts of this enabling opportunity. For example, some companies only 
use simulators to perform check pilots duties while others use a 
combination of simulators and aircraft. The FAA requests additional 
information and data on the expanded opportunities for affected check 
pilots.
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    \7\ National Vital Information Subsystem (NVIS) database, June 
2018.
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    Additionally, removing the requirement for a medical certificate 
could generate cost savings by allowing part 135 check pilots, with 
valid medical certificates, to discontinue

[[Page 25503]]

obtaining medical certificates. There are approximately 539 part 135 
check pilots with valid medical certificates. Based on age and a 
pilot's medical condition, which determines the frequency of a medical 
examination, check pilots would save approximately 0.5 hours per pilot 
to complete the medical application (MedXpress), 0.5 hours per pilot in 
travel time to see an Aviation Medical Examiner (AME), and one hour for 
the actual medical examination.\8\ Additional savings include vehicle 
operating costs of 0.17 cents per mile \9\ based on 40 miles traveled 
to and from the examination, and $117 paid to the AME for the medical 
examination.\10\ The estimated value of time for a check pilot is $111 
per hour \11\ resulting in potential savings per affected check pilot 
of $346 per medical certificate.\12\
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    \8\ Estimated durations of time and miles traveled to and from 
examinations taken from Alternative Pilot Physical Examination and 
Education Requirements Regulatory Evaluation. https://www.regulations.gov/document?D=FAA-2016-9157-0009.
    \9\ Internal Revenue Service (IRS) Standard Mileage Rate for 
2017, 0.17 cents per mile driven for medical or moving purposes; 
https://www.irs.gov/newsroom/2017-standard-mileage-rates-for-business-medical-and-moving-announced Dec.13, 2016.
    \10\ $117 aid to AME taken from Alternative Pilot Physical 
Examination and Education Requirements Regulatory Evaluation. 
https://www.regulations.gov/document?D=FAA-2016-9157-0009.
    \11\ Bureau of Labor Statistics (BLS), National Industry-
Specific Occupational Employment and Wage Estimates, Occupational 
Code 53-2011 Airline Pilots, Copilots, and Flight Engineers, May 
2017 https://www.bls.gov/oes/current/naics4_488100.htm--includes BLS 
Employee Compensation as of June 2017.
    \12\ Total savings per check pilot per medical certificate = 
$117 fee per pilot + $55.5 per pilot to complete the application + 
$111 per pilot to complete the examination + $55.5 per pilot to 
travel to and from the examination + $6.8 in vehicle operating 
costs.
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    Approximately 457 check pilots, out of the 539 check pilots with 
valid medical certificates, are age 40 and over. Pilots under the age 
of 40 renew their third-class medical certificate every five years 
compared to every two years for pilots age 40 and over. The FAA assumes 
that most pilots who would voluntarily discontinue their medical 
certificates are age 40 and over as this age bracket accounts for 85 
percent of the check pilot population with valid medical certificates. 
Additionally, older applicants are more likely to apply for special 
issuance medical certificates, granted to applicants who do not meet 
the established medical standards but demonstrate they can perform 
without endangering public safety, than their younger counterparts.\13\ 
Information is limited on the number of check pilots that would allow 
their medical certificates to expire. However, the FAA estimates that 
only 5 to 10 percent would no longer obtain medical certificates since 
check pilots still need to maintain a valid medical certificate to 
pilot an aircraft professionally and recreationally or serve as 
required flight crew. The FAA requests comment on this estimate. At 5 
percent this would be 23 check pilots and at 10 percent this would be 
46 check pilots. For affected check pilots age 40 and over, who would 
potentially take advantage of this proposed rule, this could result in 
undiscounted savings of $23,874 or $47,748 respectively, over a five 
year period of analysis as shown in the table below.\14\
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    \13\ https://www.federalregister.gov/documents/2007/04/10/E7-6652/modification-of-certain-medical-standards-and-procedures-and-duration-of-certain-medical.
    \14\ This savings to part 135 check pilots would be at the 
expense of the medical practitioner.

 Table 1--Estimated Yearly Undiscounted Savings for Check Pilots Age 40
           and Over--Medical Certificate Renewal Every 2 Years
------------------------------------------------------------------------
                                                  23 Check     46 Check
                     Year                          pilots       pilots
------------------------------------------------------------------------
1.............................................       $7,958      $15,916
2.............................................  ...........  ...........
3.............................................        7,958       15,916
4.............................................  ...........  ...........
5.............................................        7,958       15,916
                                               -------------------------
    Total.....................................      $23,874      $47,748
------------------------------------------------------------------------

    This proposed rule also updates the current regulatory text under 
which, the FAA allows check pilots in part 121 and flight instructors 
in parts 121 and 135 to serve without a medical certificate, unless 
they are required flightcrew members, and updates nomenclature. While 
the FAA does not currently require that part 121 check pilots and 
flight instructors and part 135 flight instructors hold medical 
certificates, as discussed earlier, these regulations are not clear.
    The FAA has, therefore, determined that this proposed rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 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.
    This proposed rule would relieve part 135 check pilots from having 
to obtain at least a third-class medical certificate when performing 
check pilot duties, in an aircraft, as long as they are not required 
flight crew. This change could provide cost savings to a few part 135 
check pilots without additional costs. The proposed rule also would 
clarify related FAA regulations without substantive effect. Thus, the 
expected outcome would be a small positive impact on any small entity 
affected by this rulemaking action.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking would not result in a significant 
economic impact on a substantial number of small entities.

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

[[Page 25504]]

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 no effect on 
international trade.

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 rule would 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.
    The existing information collection associated with all check pilot 
and flight instructor medical certificates in parts 121 and 135 was 
approved under OMB control number 2120-0034. The information collection 
is used to collect medical certificate information to determine whether 
applicants are medically qualified to perform the duties associated 
with the class of medical certificate sought. The FAA has determined 
that removing the medical certificate requirement for part 135 check 
pilots (aircraft) who are currently eligible for a medical certificate, 
but may choose to allow their certificate to expire, would result in a 
negligible reduction in the information collection, as pilots would 
still need to maintain a valid medical certificate to pilot an aircraft 
or serve as required flight crew. The FAA has determined that there 
would be no reduction in the information collection associated with 
part 121 check pilots and flight instructors and part 135 flight 
instructors. The FAA has also determined that there would be no new 
requirement for information collection associated with this rule.

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 
International Civil Aviation Organization Standards and Recommended 
Practices to the maximum extent practicable. The FAA has reviewed the 
corresponding ICAO Standards and Recommended Practices and has 
identified no differences with these regulations.

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.

IV. 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.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This proposed rule is expected to be an Executive Order 13771 
deregulatory action. Details on the estimated cost savings of this 
proposed rule can be found in the rule's economic analysis.

IV. 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, 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.
    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

[[Page 25505]]

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 121

    Air carriers, Aircraft, Airmen, Aviation safety, Transportation.

14 CFR Part 135

    Air taxies, Aircraft, Airmen, Aviation safety.

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

0
1. 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
2. Amend Sec.  121.411 by revising paragraph (b)(5) to read as follows:


Sec.  121.411   Qualifications: Check airmen (airplane) and check 
airmen (simulator).

* * * * *
    (b) * * *
    (5) Holds a first-class or second-class medical certificate, as 
appropriate, if serving as a required flightcrew member;
* * * * *
0
3. Amend Sec.  121.412 by revising paragraphs (b)(5) and (f)(1) to read 
as follows:


Sec.  121.412   Qualifications: Flight instructors (airplane) and 
flight instructors (simulator).

* * * * *
    (b) * * *
    (5) Holds a first-class or second-class medical certificate, as 
appropriate, if serving as a required flightcrew member; and
* * * * *
    (f) * * *
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane within the 12-month period preceding the 
performance of any flight instructor duty in a flight simulator (and 
must hold a first-class or second-class medical certificate as 
appropriate); or
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
4. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 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
5. Amend Sec.  135.337 by revising the section heading and paragraphs 
(a)(1) through (a)(3), the introductory text of paragraph (b), and 
(b)(5) through (f) to read as follows:


Sec.  135.337   Qualifications: Check pilots.

    (a) * * *
    (1) A check pilot (aircraft) is a person who is qualified to 
conduct flight checks in an aircraft or FSTD for a particular type 
aircraft.
    (2) A check pilot (simulator) is a person who is qualified to 
conduct flight checks in an FSTD for a particular type aircraft.
    (3) Check pilot (aircraft) and check pilot (simulator) are those 
persons who perform the functions described in Sec. Sec.  135.321(a) 
and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person 
serve as a check pilot in a training program established under this 
subpart unless, with respect to the aircraft type involved, that 
person--
* * * * *
    (5) Holds a first-class or second-class medical certificate, as 
appropriate, if serving as a required flightcrew member; and
    (6) Has been approved by the Administrator for the check pilot 
duties involved.
    (c) No certificate holder may use a person, nor may any person 
serve as a check pilot (aircraft) in a training program established 
under this subpart unless, with respect to the aircraft type involved, 
that person has satisfied the recency of experience requirements of 
Sec.  135.247.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) of this section, as applicable, must be entered in the individual's 
training record maintained by the certificate holder.
    (e) A medical certificate is not required for a person to serve as 
a check pilot, unless that check pilot is a required flightcrew member 
in an operation under this part.
    (f) A check pilot (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
preceding the performance of any check pilot duty in an FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check pilot duty in an FSTD.
* * * * *
0
6. Amend Sec.  135.338 by revising the section heading and paragraphs 
(a)(1) through (a)(2), the introductory text of paragraph (b), and 
(b)(4) through (f) to read as follows:


Sec.  135.338   Qualifications: Flight instructors.

    (a) * * *
    (1) A flight instructor (aircraft) is a person who is qualified to 
instruct in an aircraft, or FSTD for a particular type, class, or 
category aircraft.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct in an FSTD for a particular type, class, or category aircraft.
* * * * *
    (b) No certificate holder may use a person, nor may any person 
serve as a flight instructor in a training program established under 
this subpart unless,

[[Page 25506]]

with respect to the type, class, or category aircraft involved, that 
person--
* * * * *
    (4) Has satisfactorily completed the applicable training 
requirements of Sec.  135.340; and
    (5) Holds a first-class or second-class medical certificate, as 
appropriate, if serving as a required flightcrew member.
    (c) No certificate holder may use a person, nor may any person 
serve as a flight instructor (aircraft) in a training program 
established under this subpart unless, with respect to the type, class, 
or category aircraft involved, that person has satisfied the recency of 
experience requirements of Sec.  135.247.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) of this section, as applicable, must be entered in the individual's 
training record maintained by the certificate holder.
    (e) A medical certificate is not required for a person to serve as 
a check pilot, unless that check pilot is a required flightcrew member 
in an operation under this part.
    (f) * * *
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any flight instructor duty in an 
FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program preceding the performance 
of any flight instructor duty in an FSTD.
* * * * *
0
7. In part 135, remove the word ``airmen'' and add, in its place, the 
word ``pilots'' in the following places:
0
a. Section 135.321 paragraph (a)(2);
0
b. Section 135.323 paragraph (a)(4);
0
c. Section 135.324 paragraph (b)(4); and
0
d. Section 135.339 section heading, and paragraphs (c) through (e) and 
(g).
0
8. In part 135, remove the word ``airman'' and add, in its place, the 
word ``pilot'' in the following places:
0
a. Section 135.113 introductory text;
0
b. Section 135.297 paragraph (c)(2);
0
c. Section 135.323 paragraphs (a)(1) and (c);
0
d. Section 135.339 paragraphs (a), (c)(1), (d); and
0
e. Section 135.340 paragraph (a)(2).

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 44701(a)(5), and 44705, on May 17, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2019-11086 Filed 5-31-19; 8:45 am]
 BILLING CODE 4910-13-P