[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 32983-33011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10182]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 65, and 141
[Docket No. FAA-2023-0825; Notice No. 23-06]
RIN 2120-AL25
Removal of Expiration Date on a Flight Instructor Certificate;
Additional Qualification Requirements To Train Initial Flight
Instructor Applicants; and Other Provisions
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to amend the flight instructor certificate
renewal requirements by changing the existing renewal requirements to
recent experience requirements and adding a new method for persons to
establish recent flight instructor experience. This rulemaking would
also allow a flight instructor whose recent experience has lapsed by no
more than three calendar months to reinstate flight instructor
privileges by taking an approved flight instructor refresher course
rather than completing a flight instructor certification practical
test. Additionally, the FAA proposes to amend the qualification
requirements for flight instructors seeking to provide training to
initial flight instructor applicants by adding two new methods under
which a flight instructor may become qualified to provide this
training. Lastly, the FAA proposes to relocate and codify the
requirements of a Special Federal Aviation Regulation into the
regulations.
DATES: Send comments on or before June 22, 2023.
ADDRESSES: Send comments identified by docket number FAA-2023-0825
using any of the following methods:
Federal eRulemaking Portal: Go to https://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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time.
[[Page 32984]]
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: Allan G. Kash, Training and
Certification Group, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-1100; email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Authority for This Rulemaking
III. Discussion of the Proposal
A. Expiration, Renewal, and Reinstatement Requirements for
Flight Instructor Certificates
B. Conforming Amendments (Sec. Sec. 61.2, 61.56, 61.425,
61.427, and SFAR 100-2)
C. Instructor Qualifications for Training Initial Flight
Instructor Applicants
IV. 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
G. Environmental Analysis
V. 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, International Cooperation
VI. How To Obtain Additional Information
A. Comments Invited
B. Availability of Rulemaking Documents
C. Small Business Regulatory Enforcement Fairness Act
List of Abbreviations and Acronyms Frequently Used In This Document
Advanced Aviation Training Device (AATD)
Aviation Training Device (ATD)
Basic Aviation Training Device (BATD)
FAA's Pilot Proficiency Program (WINGS)
Flight Instructor Refresher Course (FIRC)
Flight Instructor Enhanced Qualification Training Program (FIEQTP)
Flight Simulator Training Device (FSTD)
Flight Training Device (FTD)
Full Flight Simulator (FFS)
I. Executive Summary
This rulemaking would amend part 61 of title 14 of the Code of
Federal Regulations (14 CFR) by revising the expiration, renewal, and
reinstatement requirements for flight instructor certificates and
revising the qualifications for flight instructors seeking to train
initial flight instructor applicants.
As explained in section III.A. of the preamble, the FAA proposes to
remove the expiration date on flight instructor certificates to align
with other airmen certificates. As part of this rulemaking, the flight
instructor certificate renewal requirements would become recent
experience requirements. The FAA proposes to require flight instructors
to establish recent experience at least once every 24 calendar months.
The FAA also proposes to add a new method for flight instructors to
establish recent experience by serving as a flight instructor in an
FAA-sponsored pilot proficiency program. Additionally, while the FAA is
not removing any existing allowances to renew a flight instructor
certificate, as is discussed in section III.A., the FAA proposes to
amend the reinstatement requirements of Sec. 61.199 by allowing flight
instructors to reinstate their flight instructor privileges by taking
an approved flight instructor refresher course (FIRC), provided the
flight instructor's recent experience has not lapsed for more than
three calendar months.
As explained in section III.B. of the preamble, the FAA is also
proposing to revise the qualifications for instructors seeking to train
initial flight instructor applicants. More specifically, the FAA
proposes to add two new qualification methods. Currently, to train
initial flight instructor applicants,\1\ a flight instructor under part
61 must meet the eligibility requirements of Sec. 61.183, hold the
appropriate flight instructor certificate and rating, have held a
flight instructor certificate for at least 24 calendar months, and have
given at least 200 hours of flight training as a flight instructor if
training in preparation for an airplane, rotorcraft, or powered-lift
rating.\2\ In addition to retaining this current requirement, the FAA
proposes two new options for flight instructors to qualify to provide
flight training to initial flight instructor applicants. Under the
first proposed method, a flight instructor would be required to have
trained and endorsed at least five applicants for a practical test for
a pilot certificate or rating, and at least 80 percent of those
applicants passed that test on their first attempt. Under the second
proposed method, a flight instructor would be required to have
graduated from an FAA-approved flight instructor enhanced qualification
training program (FIEQTP) and have given at least 200 hours of flight
training as a flight instructor if training in preparation for an
airplane, rotorcraft, or powered-lift rating (or 80 hours in the case
of glider instruction). The FAA proposes to make these three
qualification methods available to all flight instructors, including
those serving under part 61 and those serving under an FAA-approved
course under part 141 or 142.
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\1\ Section 61.195(h) prescribes the requisite qualifications
for a flight instructor training first-time flight instructor
applicants.
\2\ For training in preparation for a glider rating, the flight
instructor must have given at least 80 hours of flight training as a
flight instructor. 14 CFR 61.195(h)(2)(v).
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Finally, the FAA proposes to relocate and codify Special Federal
Aviation Regulation (SFAR) 100-2, Relief for U.S. Military and Civilian
Personnel who are Assigned Outside the United States in Support of U.S.
Armed Forces Operations, into parts 61, 63, and 65, respectively. The
proposed codification of SFAR 100-2 is further discussed in section
III.B.2.
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.
The FAA is issuing this proposed rulemaking 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. This proposed rulemaking is
within the scope of that authority.
III. Discussion of the Proposal
A. Expiration, Renewal, and Reinstatement Requirements for Flight
Instructor Certificates
Section 61.19 prescribes the duration of pilot and instructor
certificates and privileges. Currently, under Sec. 61.19(d), a flight
instructor certificate expires 24 calendar months from the month in
which it was issued, renewed, or reinstated, as appropriate.\3\ The
FAA's
[[Page 32985]]
current practice is to print the expiration date on the flight
instructor certificate. To continue exercising flight instructor
privileges, a person must renew their flight instructor certificate
prior to its expiration date by passing a practical test or by
submitting a completed and signed application with the FAA and
satisfactorily completing one of the renewal requirements specified in
Sec. 61.197(a)(2). This renewal process occurs at least once every 24
calendar months from the date of issuance on the person's flight
instructor certificate; however, flight instructors may renew their
flight instructor certificates more frequently. If a person allows
their flight instructor certificate to expire, the only method to
reinstate that certificate is by passing a flight instructor practical
test in accordance with Sec. 61.199.
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\3\ Section 61.19(d) contains an exception to Sec. 61.197(b),
which prescribes the requirements for determining the expiration
month of a renewed flight instructor certificate.
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Industry advocates have expressed support for removing the
expiration date on a flight instructor certificate and amending the
renewal and reinstatement requirements. These industry advocates
asserted that requiring an expiration date on a flight instructor
certificate is overly burdensome, costly, and provides no safety
benefits. Specifically, on September 14, 1999, and again on March 13,
2000, the Aircraft Owners and Pilots Association (AOPA) petitioned the
FAA to remove the expiration on a flight instructor certificate. AOPA
expressed concern that many current and former flight instructors
perceive the existing FAA regulatory requirement for certificate
expiration and reinstatement as a significant disincentive to renewing
an expired certificated flight instructor certificate. AOPA's petition
also asserted that flight instructor certificate expirations have
substantially reduced the number of otherwise qualified and experienced
part-time flight instructors.
AOPA asked the FAA to eliminate the expiration date on a flight
instructor certificate and add a three-month grace period to allow a
flight instructor to reestablish recent experience by completing a FIRC
within those three months. AOPA asserted that these changes would
directly benefit the public, encourage many flight instructors with
expired certificates to rejoin the instructional community, and
eliminate the need for over 9,700 salary hours of unnecessary
administrative processing at the Airman Certification Branch of the
Civil Aviation Registry Division. AOPA also maintained that these
changes would not adversely affect the quality of flight training or
flight safety.
On February 7, 2007, the FAA published a notice of proposed
rulemaking (NPRM) in the Federal Register proposing to amend Sec. Sec.
61.19(d), 61.197(a), and 61.199 to allow the issuance of flight
instructor certificates without expiration dates.\4\ However, in the
final rule published on August 21, 2009,\5\ the FAA decided to withdraw
this proposal and continue issuing flight instructor certificates with
expiration dates after determining that revising its application
procedures could achieve equivalent results. The new application
process, which allowed a FIRC provider to submit applications directly
to the FAA's Airman Certification Branch, may have incentivized some
flight instructors to renew their flight instructor certificates due to
its streamlined and simplified characteristics. However, the FAA
concludes that this simplified application process has not sufficiently
addressed the administrative burden on the FAA and flight instructors
of renewing flight instructor certificates. Additionally, retaining the
expiration dates on flight instructor certificates is inconsistent with
most airman certificates issued under part 61, which do not have
expiration dates. With most airman certificates, a person may continue
to exercise airman privileges so long as the person meets the
appropriate airman and medical recent experience requirements.
Furthermore, the reinstatement requirements continue to provide a
disincentive for flight instructors to reinstate their flight
instructor certificates shortly after expiration because the only
option available to reinstate a flight instructor certificate is to
pass a flight instructor practical test.
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\4\ NPRM, Pilot, Flight Instructor, and Pilot School
Certification, 72 FR 5806, 5813 (Feb. 7, 2007).
\5\ Final Rule, Pilot, Flight Instructor, and Pilot School
Certification, 74 FR 42500, 42508 (Aug. 21, 2009).
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Therefore, the FAA is proposing to amend the expiration, renewal,
and reinstatement requirements for flight instructors, which are found
in Sec. Sec. 61.19(d), 61.197, and 61.199, respectively. The FAA notes
that this proposed rulemaking would also make several conforming
amendments in part 61 to accommodate the amendments to Sec. Sec.
61.19(d), 61.197, and 61.199. The following sections discuss the FAA's
proposal in more detail.
1. Removal of Expiration Date on Flight Instructor Certificates (Sec.
61.19)
Currently, under Sec. 61.19(d), the flight instructor certificate
expires 24 calendar months from the month in which it was issued,
renewed, or reinstated, as appropriate, except as provided in Sec.
61.197(b). Section 61.197(b) prescribes requirements for determining
the expiration month of a renewed flight instructor certificate.\6\
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\6\ Currently, Sec. 61.197(b) states the expiration month of a
renewed flight instructor certificate shall be 24 calendar months
from: (1) the month the renewal requirements of Sec. 61.197(a) are
accomplished; or (2) the month of expiration of the current flight
instructor certificate provided the renewal requirements of Sec.
61.197(a) are accomplished within 3 calendar months preceding the
expiration month of the current flight instructor certificate; and
if the renewal is accomplished by completing a FIRC, the approved
FIRC must be completed within the 3 calendar months preceding the
expiration month of the current flight instructor certificate.
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The FAA is currently required to reissue physical certificates
every time a flight instructor renews or reinstates their flight
instructor certificate. This requirement leads to the FAA issuing many
certificates each year.\7\ Moreover, while flight instructors are
required to renew their flight instructor certificates once every 24
calendar months, flight instructors often renew them more frequently
(i.e., the regulations do not prevent a flight instructor from renewing
at an earlier date than their expiration), which results in a higher
processing workload for the FAA. The FAA finds that removing the
expiration date from the flight instructor certificate would reduce the
financial and administrative burdens without degrading safety because
the current renewal requirements would become recent experience
requirements, which flight instructors would continue to meet at least
once every 24 calendar months to retain their flight instructor
privileges.
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\7\ The FAA Airmen Certification Branch processed 54,189 flight
instructor certificate renewals in 2021 and 48,433 flight instructor
certificate renewals in 2020. The FAA notes that as of 2021, there
were 121,270 flight instructors. See https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/.
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The FAA's proposal to remove the expiration date from flight
instructor certificates is also intended to align the flight instructor
certificate requirements with other airman certificates. Most airman
certificates issued under part 61 do not have expiration dates.
Instead, a person may exercise the privileges of an airman certificate
only if that person meets the appropriate recent experience
requirements of part 61, specific to the operation or activity.\8\
Therefore,
[[Page 32986]]
removing the expiration date on flight instructor certificates and
changing the renewal requirements to recent experience requirements,
which is discussed in the next section, would provide consistency in
how airman certificates are issued and maintained under part 61.
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\8\ Section 61.2(b)(1) states that no person may exercise
privileges of an airman certificate, rating, endorsement, or
authorization issued under part 61 unless that person meets the
appropriate airman and medical recency requirements of part 61,
specific to the operation or activity.
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For these reasons, the FAA proposes to remove the expiration date
from flight instructor certificates by revising Sec. 61.19(d). Because
flight instructor certificates with expiration dates would continue to
exist on the final rule's effective date, if this proposal is
finalized, the FAA is proposing to create two subparagraphs under Sec.
61.19(d). Section 61.19(d)(1) would remove the expiration date for
flight instructor certificates issued on or after the final rule's
effective date. Section 61.19(d)(2) would retain the current
requirement and state that flight instructor certificates issued before
the final rule's effective date would expire 24 calendar months from
the month in which they were issued, renewed, or reinstated, as
appropriate. In light of the proposed amendments to remove the
expiration date from a flight instructor certificate, the FAA finds a
revision is necessary to Sec. 61.19(a)(2) to include flight instructor
certificates to those certificates considered valid unless surrendered,
suspended, or revoked. In addition, the exception to Sec. 61.197(b)
would be removed from Sec. 61.19(d) as unnecessary because, under this
proposal, flight instructors would no longer have to determine the
expiration month of a renewed flight instructor certificate.
2. Flight Instructor Recent Experience Requirements (Sec. 61.197)
Currently, Sec. 61.197(a) provides five mechanisms by which a
person who holds a flight instructor certificate that has not expired
may renew that flight instructor certificate. Under the first option, a
person may renew their flight instructor certificate by passing a
practical test under Sec. 61.197(a)(1). Under the second option, a
person may demonstrate that, within the preceding 24 calendar months,
the person has endorsed at least five students for a practical test and
at least 80 percent of those students passed that test on the first
attempt.\9\ The third option allows a person to show, within the
preceding 24 calendar months, that the flight instructor has served as
a company check pilot, chief flight instructor, company check airman,
or flight instructor in a part 121 or part 135 operation, or in a
position involving the regular evaluation of pilots.\10\ Under the
fourth option, a person may demonstrate that the person has
successfully completed an approved FIRC within the preceding 3 calendar
months.\11\ Lastly, a person may present a record showing that, within
the preceding 24 calendar months, the person passed an official U.S.
Armed Forces military instructor pilot or pilot examiner proficiency
check in an aircraft for which the military instructor already holds a
rating or in an aircraft for an additional rating.\12\ The second
through fifth options require a person to submit a completed and signed
application with the FAA evidencing satisfactory completion of the
chosen renewal option.
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\9\ 14 CFR 61.197(a)(2)(i). The FAA notes that current Sec.
61.197(a)(2)(i) uses the term ``students.'' The term ``student''
refers to an applicant for an airman certificate under part 61.
However, the FAA believes the term ``student'' could be
misinterpreted to mean ``student pilot,'' which does not include
certificated pilots training for an additional certificate or rating
under part 61. See 14 CFR part 61, subpart C. The FAA is therefore
proposing to use to term ``applicant'' because it would more
appropriately describe the five persons that the flight instructor
may train and endorse under current Sec. 61.197(a)(2)(i). For
reasons discussed later in the preamble, the FAA is proposing to
reorganize the requirements of Sec. 61.197. The FAA notes that the
requirement in current Sec. 61.197(a)(2)(i) would be relocated to
Sec. 61.197(b)(2)(i).
\10\ 14 CFR 61.197(a)(2)(ii).
\11\ 14 CFR 61.197(a)(2)(iii).
\12\ 14 CFR 61.197(a)(2)(iv). The FAA recently revised Sec.
61.197(a)(2)(iv) to expand the 12 calendar month timeframe to 24
calendar months. Final Rule, Regulatory Relief: Aviation Training
Devices; Pilot Certification, Training, and Pilot Schools; and Other
Provisions, 83 FR 30232 (Jun. 27, 2018).
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On April 2, 1964, the FAA published an NPRM that proposed to
establish biennial renewal requirements for flight instructor
certificates.\13\ In the NPRM, the FAA proposed to require flight
instructor certificates to be renewed every 24 months and to prohibit
the exercise of the flight instructor privileges if the certificate
expired without being renewed.\14\ In the preamble, the FAA explained
that these requirements were intended to increase safety through a
higher standard of flight instruction by ensuring that flight
instruction was being given by flight instructors who were familiar
with current flight training standards and procedures.\15\ The final
rule was published on June 29, 1965, and the FAA adopted biennial
requirements for flight instructor certificates in Sec. 61.177.\16\ In
a final rule published on February 1, 1973,\17\ the FAA recodified the
flight instructor renewal requirements in Sec. 61.197 and added
additional options for flight instructors to renew, which were
consistent with the intent of the original rule.\18\
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\13\ NPRM, Biennial Expiration and Renewal of Flight Instructor
Certificates and Increased Supervision of Student Pilot Activities,
29 FR 4738, 4739 (Apr. 2, 1964).
\14\ The NPRM stated that under proposed Sec. 61.9, Duration of
certificates, a flight instructor certificate expired at the end of
the 24th month after the month in which it was issued or renewed,
but the holder may have obtained another certificate under proposed
Sec. 61.177, Renewal of flight instructor certificates.
\15\ 29 FR at 4739.
\16\ Final Rule, Biennial Expiration and Renewal of Flight
Instructor Certificates and Increased Supervision of Student Pilot
Activities, 30 FR 8256 (Jun. 29, 1965).
\17\ Final Rule, Part 61 and Part 91 Miscellaneous Amendments,
38 FR 3156 (Feb. 1, 1973).
\18\ Prior to 1973, the only means by which a person could renew
a flight instructor certificate was by passing a practical test. The
1973 final rule amended the renewal requirements to allow a person
to renew his or her flight instructor certificate by either passing
a practical test or by showing one of the following: (1) a record of
instruction showing that he or she is a competent flight instructor;
(2) a satisfactory record as a company check pilot, chief flight
instructor, pilot in command of an aircraft operated under part 121,
or other activity involving the regular evaluation of pilots, and
passes any oral test that may be necessary to determine that
instructor's knowledge of current pilot training and certification
requirements and standards; or (3) successful completion, within 80
days before the application for renewal, of an approved FIRC. 38 FR
at 3178.
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As previously discussed, the FAA is proposing to remove the
expiration date from the flight instructor certificate, which would
eliminate the need to renew that certificate under current Sec.
61.197. However, because the methods by which a person may renew a
flight instructor certificate were adopted to ensure a high standard of
flight training, the FAA finds it necessary to retain these methods
under the new process.\19\ Therefore, to continue the high quality of
flight training in general aviation, the FAA proposes to amend Sec.
61.197 by changing the flight instructor renewal requirements to flight
instructor recent experience requirements. More specifically, under
this proposal, the FAA would retain the current methods for renewal,
which are specified in Sec. 61.197(a) but would refer to them as
recent experience requirements. Instead of a flight instructor renewing
their flight instructor certificate every 24 calendar months, a flight
instructor would need to establish recent experience at least once
every 24 calendar months. This proposed change would ensure the quality
of flight training is not adversely affected by the removal of the
expiration date from the flight instructor certificate and would also
align the flight instructor certificate with the majority of airman
certificates in part 61, which are recent experience-based. The FAA
notes that proposed Sec. 61.197 would not impose new
[[Page 32987]]
requirements on flight instructors. As with the current rule, flight
instructors would have the option to choose one of several methods to
satisfy the recent experience requirements.
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\19\ NPRM, Biennial Expiration and Renewal of Flight Instructor
Certificates and Increased Supervision of Student Pilot Activities,
29 FR 4738, 4739 (Apr. 2, 1964).
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Additionally, the FAA proposes to expand the regulatory options
available to flight instructors to satisfy recent experience under
Sec. 61.197. Current Sec. 61.197(a) identifies five methods for a
flight instructor to renew a flight instructor certificate. FAA Order
8900.1, Volume 5, Chapter 2, Section 11 contains guidance about these
methods. In this guidance, the FAA identifies the FAA's WINGS--Pilot
Proficiency Program as an approved program that flight instructors can
use to satisfy flight instructor certificate renewal requirements.\20\
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\20\ The FAA notes that FAA Order 8900.1, Volume 5, Chapter 2,
Section 11 was revised on September 12, 2018. Before the revision,
the WINGS Program was accepted under Sec. 61.197(a)(2)(iii) as an
approved FIRC. Upon review of Sec. 61.197 and its guidance, the FAA
determined the WINGS Program did not meet the FIRC requirements of
Sec. 61.197(a)(2)(iii). Therefore, currently, the WINGS program is
accepted under Sec. 61.197(a)(2)(ii) as being ``in a position
involving the regular evaluation of pilots.'' Information on the
WINGS Program can be found in Advisory Circular (AC) 61-91, as
revised, WINGS--Pilot Proficiency Program.
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The WINGS Program is a voluntary pilot education and proficiency
program. The program consists of learning activities and tasks selected
to address the documented causal factors of aircraft accidents. The
WINGS Program provides the opportunity, the structure, and the
recognition for pilots and flight instructors to continue their
aviation education. The WINGS Program also provides a vast and cost-
free array of tools to help flight instructors perform their job more
effectively, both when instructing on the ground and in flight. These
tools include, but are not limited to, online lessons specifically
designed to present critical information, updates, and activities to
flight instructors concerning flight training and safety. Flight
instructors are an integral part of the aviation community and play an
important role in reducing the number of general aviation accidents by
providing training and modeling best practices. Lessons and activities
provided to flight instructors by the WINGS curriculum help to ensure
flight instructors are familiar with current flight training standards
and procedures. For these reasons, the FAA has determined that Sec.
61.197 should include a standalone method that would allow persons to
renew their flight instructor certificates or establish recent
experience, as proposed, by serving as a flight instructor and
participating in the WINGS program.
Because the WINGS Program is currently accepted as a certificate
renewal method for flight instructors and the FAA finds that the
program familiarizes flight instructors with current flight training
standards and procedures, the FAA proposes to add regulatory text to
Sec. 61.197(b)(2) to expressly allow participation in the program as a
method for meeting recent experience.\21\ Rather than codifying the
WINGS Program itself, the FAA proposes to adopt language in Sec.
61.197(b)(2)(v) that would allow a flight instructor to satisfy recent
experience by serving as a flight instructor in an FAA-sponsored pilot
proficiency program, provided certain proposed requirements are met.
The phrase ``FAA-sponsored pilot proficiency program'' is intended to
provide flexibility in the regulation to account for programs
comparable to the WINGS Program that may be developed in the future.
Among the proposed requirements, the flight instructor would be
required to hold a flight instructor certificate and meet the
appropriate flight instructor recent experience requirements of part
61. Additionally, the proposed rule would require the flight instructor
to complete at least one phase of the FAA-sponsored pilot proficiency
program in the preceding 12 calendar months from the time of
application. The FAA finds that requiring a flight instructor to
participate in the program by completing at least one phase in the
preceding 12 months would ensure that the flight instructor maintains
pilot proficiency while gaining first-hand knowledge of the program and
its benefits.\22\ Lastly, the flight instructor would be required to
have given at least 15 hours of flight training under the FAA-sponsored
pilot proficiency program to at least 5 pilots and to have made
appropriate endorsements in those pilots' logbooks.\23\ A person
serving as a flight instructor under the WINGS Program would satisfy
this proposed requirement by giving flight training during at least 15
WINGS-accredited flight activities at any level to at least five
different pilots. The FAA is proposing to require flight instructors to
provide flight training to various individuals under the WINGS Program
to ensure that the flight instructor encounters different experiences
and familiarizes themselves with current flight training standards and
procedures. Due to the proposed reorganization of Sec. 61.197, which
is discussed next, these proposed requirements are contained in Sec.
61.197(b)(2)(v).
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\21\ The FAA notes that the certificate renewal options are
currently located in Sec. 61.197(a)(2); however, in proposing to
reorganize Sec. 61.197, the FAA proposes to relocate the
certificate renewal options (which would be recent experience
options under the proposal) to proposed Sec. 61.197(b)(2).
\22\ For more information about the various phases and levels of
the WINGS Program, refer to FAA Order 8900.1, Volume 5, Chapter 2,
Section 11 and Advisory Circular 61-91, as revised.
\23\ The FAA notes that, currently, the WINGS Program records
and validates all of the flight instructor's activities within the
program, including endorsements made. The flight instructor may
print a copy of the flight instructor's activity, including
endorsements, as documentation for renewal eligibility. The FAA
assumes that future FAA-sponsored pilot proficiency programs would
enable the same tracking mechanisms.
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In changing the flight instructor renewal requirements to flight
instructor recent experience requirements, the FAA proposes to
reorganize the requirements of Sec. 61.197 for clarity. Proposed Sec.
61.197(a) would prohibit a person from exercising flight instructor
privileges if that person has not satisfied the flight instructor
recent experience requirements within the preceding 24 calendar months.
Proposed Sec. 61.197(a) would also specify how to determine when the
24 calendar month period begins. Initially, as proposed in Sec.
61.197(a)(1), the 24 calendar month period would begin the month the
FAA issues the flight instructor certificate without an expiration date
to the person.\24\ This would be the case for persons who are being
issued the flight instructor certificate for the first time and also
for persons renewing their flight instructor certificate upon
completing the recent experience requirements to obtain a flight
instructor certificate without an expiration date. As discussed further
below, persons who currently hold a flight instructor certificate with
an expiration date would be required to meet the recent experience
requirements prior to the expiration date listed on their certificate.
After the initial 24 calendar month period following the issuance of
the flight instructor certificate without an expiration date, persons
would determine the beginning of the subsequent 24 calendar month
period based on when they accomplish the recent experience event. For
example, if a person accomplishes recency during the first 20 months of
their current recent experience period, that person's next 24 calendar
month period would begin the month the recent experience requirements
are accomplished.
[[Page 32988]]
However, consistent with what the FAA currently allows,\25\ if a person
accomplishes recency within the 3 calendar months preceding the last
month of the person's current recent experience period (i.e., the 24th
calendar month), the next 24 calendar month period would begin the last
month of the flight instructor's current recent experience period
(i.e., the 24th calendar month).
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\24\ The FAA notes that the flight instructor's initial
certificate without the expiration date will state a date of
issuance, indicating when the 24 calendar month period would begin.
\25\ Currently, Sec. 61.197(b) allows the expiration month of a
renewed flight instructor certificate to be 24 calendar months from
the current expiration month if the renewal requirements are
accomplished within the 3 calendar months preceding the expiration
month of the current flight instructor certificate.
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The FAA proposes to relocate the current renewal requirements,
which would become recent experience requirements, from Sec. 61.197(a)
to Sec. 61.197(b). Current Sec. 61.197(b), which prescribes
requirements for determining the expiration month of a renewed flight
instructor certificate, would be removed as unnecessary. Current Sec.
61.197(c), which allows the practical test required by Sec.
61.197(a)(1) to be accomplished in a full flight simulator or flight
training device if the test is accomplished under an approved course
conducted by a part 142 training center, would be re-designated as
Sec. 61.197(d).\26\
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\26\ In a final rule that published on June 27, 2018, the FAA
replaced the words ``flight simulator'' with ``full flight
simulator'' in several regulations, including current Sec.
61.197(c). Final Rule, Regulatory Relief: Aviation Training Devices;
Pilot Certification, Training, and Pilot Schools; and Other
Provisions, 83 FR 30232.
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The FAA also proposes to add two new paragraphs to Sec. 61.197 to
accommodate the change from renewal requirements to recent experience
requirements. First, the FAA proposes to add Sec. 61.197(c) to
prohibit a person who fails to establish recent experience in
accordance with the proposed requirements from exercising flight
instructor privileges until that person reinstates their flight
instructor privileges in accordance with proposed Sec. 61.199. Second,
the FAA proposes to add Sec. 61.197(e) to address persons who
currently hold flight instructor certificates with expiration dates.
Under this proposal, a person who holds a flight instructor certificate
with an expiration date would be required to renew that certificate by
establishing recent experience in accordance with proposed Sec.
61.197(b). Upon completing recent experience, that person would submit
an Airman Certificate and/or Rating Application and associated
documentation to the Airman Certification Branch to document experience
and obtain a flight instructor certificate without an expiration date.
If a person who holds a flight instructor certificate with an
expiration date fails to establish recent experience prior to the
expiration of their flight instructor certificate, that person may not
exercise flight instructor privileges until those privileges are
reinstated in accordance with Sec. 61.199. Upon reinstating flight
instructor privileges, that person would be issued a flight instructor
certificate without an expiration date.
Currently, when a person renews their flight instructor
certificate, that person is required to submit an Airman Certificate
and/or Rating Application (FAA Form 8710-1 or 8710-11, as applicable)
to the FAA along with associated documentation that shows the flight
instructor satisfactorily completed one of the renewal
requirements.\27\ The airman submits FAA Form 8710-1 or 8710-11, as
applicable, through the Integrated Airman Certification and Rating
Application (IACRA) or by conventional mail to the Airman Certification
Branch. Maintaining these records enables the FAA to keep track of how
many flight instructor certificates have been renewed. The FAA notes
that it is frequently asked to provide this data from many sources,
such as governmental offices and industry. Under the proposed
amendments, Sec. 61.197 would continue to require persons to submit an
Airman Certificate and/or Rating Application and associated
documentation \28\ to the FAA upon completion of the recent experience
requirements. Submission of FAA Forms 8710-1 or 8710-11, as applicable,
would remain the exclusive form and manner acceptable to the
Administrator to submit flight instructor data to identify, validate,
and track the flight instructor's recent experience period.
---------------------------------------------------------------------------
\27\ 14 CFR 61.197(a)(2).
\28\ Acceptable associated documentation submitted by the flight
instructor to evidence completion of recent experience would not
change under this proposed rule. Documentation would continue to be
official company, FAA, military, or organizational records, as
applicable. Acceptable documentation would show that the flight
instructor met one of the recent experience options under Sec.
61.197 and could include: a record of the names of applicants
endorsed who passed the practical test and test dates (proposed
Sec. 61.197(b)(2)(i)), copies of official company records (proposed
Sec. 61.197(b)(2)(ii)), a copy of a FIRC graduation certificate
(proposed Sec. 61.197(b)(2)(iii), official military records
(proposed Sec. 61.197(b)(2)(iv)), or a copy of an FAA-sponsored
pilot proficiency program activity report (proposed Sec.
61.197(b)(2)(v)). Additional details regarding acceptable
documentation criteria are provided in FAA Order 8900.1, Volume 5,
Chapter 2, Section 11, paragraph 5-504.
---------------------------------------------------------------------------
This process would allow the FAA to track and record the status of
flight instructor certificates by capturing the events in which an
applicant satisfies the proposed recent experience requirements of
Sec. 61.197. While the flight instructor would not be applying to
renew a certificate, the FAA finds it is necessary to maintain Forms
8710-1 and 8710-11 as the collection mechanism because it would allow
the FAA to continue to track the number of flight instructors who are
eligible to exercise the privileges of their flight instructor
certificates in a manner that flight instructors are accustomed.
Additionally, utilizing Forms 8710-1 and 8710-11 would allow the FAA to
validate that the flight instructor does, in fact, satisfy the recent
experience requirements. Should the FAA find that the flight instructor
either does not sufficiently show a recent experience requirement has
been met, or does not meet the recent experience requirements, the FAA
would deny the applicant's 8710-1, and direct the appropriate Flight
Standards District Office (FSDO) to issue a Letter of Disapproval to
the flight instructor. To ensure the flight instructor is prepared to
show satisfactory evidence of meeting recent experience, the FAA
recommends that flight instructors record the date and method used to
establish recent experience in their logbooks or records to track their
eligibility to exercise flight instructor privileges. The FAA notes
that a flight instructor would be able to verify the status of their
flight instructor certificate online at Airmen On-Line Services or by
contacting the FAA Airman Certification Branch.\29\
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\29\ The FAA notes that a flight instructor would have several
methods to contact the FAA to verify the status of the person's
flight instructor certificate. The preferred method would be the
Airmen Certification On-line services site. See https://amsrvs.registry.faa.gov/airmeninquiry/. The other methods include
toll free phone, direct mail, and FAX.
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The FAA has revised FAA Forms 8710-1 and 8710-11 to account for
recent experience for flight instructors and has placed a draft of each
revised form in the docket for this rulemaking. The FAA notes that, in
addition to the recent experience revisions, the FAA has also modified
the form to clarify certain information. Specifically, and unrelated to
this rulemaking, the FAA published a notice in the Federal Register
inviting public comment on an information collection renewal for Forms
8130-15, 8710-11, and 8710-12 on April 7, 2022 (87 FR 20497, Docket.
No. FAA-2022-0455). AOPA commented in response to the notice
recommending Question I.Za. on Form 8710-11 be amended to clarify
whether alcohol offenses (generally) and those
[[Page 32989]]
involving motor vehicle actions (specifically) should be reported on
the form. The FAA has clarified this question and added requisite
instructions in response to AOPA's comment on both draft forms. While
revising the form, the FAA also clarified question M. to restate from
the instructions page that a student pilot certificate is considered a
pilot certificate for purposes of the question. Finally, the FAA has
also removed references to inspection authorization in both draft
forms, as the FAA does not use these forms for initial or renewal
inspection authorization applications. Rather, mechanics applying for
an inspection authorization utilize Form 8610-1, which contains the
requisite information. The FAA has analyzed these changes and
determined that they do not affect the collection of information
expected of the public such that any burden would increase.
3. Reinstatement of Flight Instructor Privileges (Sec. 61.199)
Currently, Sec. 61.199 prescribes the reinstatement requirements
for flight instructors who have allowed their flight instructor
certificates to expire. To reinstate a flight instructor certificate, a
person must either satisfactorily complete a flight instructor
practical test or satisfy the reinstatement requirements for military
instructor pilots. More specifically, a person who is not a military
instructor pilot must satisfactorily complete either a flight
instructor practical test for one of the ratings held on the expired
flight instructor certificate or a flight instructor certification
practical test for an additional rating. Military instructor pilots may
either complete a flight instructor practical test or satisfy the
requirements prescribed specifically for military instructor pilots in
Sec. 61.199(a)(3).\30\ The reinstatement requirements of Sec. 61.199
apply regardless of how recently the flight instructor certificate
expired.
---------------------------------------------------------------------------
\30\ Under these reinstatement requirements, which are currently
contained in Sec. 61.199(a)(3), a military instructor pilot must
provide a record showing that, within the preceding 6 calendar
months the military instructor pilot either passed a U.S. Armed
Forces instructor pilot or pilot examiner proficiency check; or
completed a U.S. Armed Forces' instructor pilot or pilot examiner
training course and received an additional aircraft rating
qualification as a military instructor pilot or pilot examiner that
is appropriate to the flight instructor rating sought. While this
option has also been extended to military pilot examiners, as
evidenced in Sec. 61.199(a)(3)(ii) of completing a pilot examiner
training course, the introductory text of Sec. 61.199(a)(3) is
currently silent as to their inclusion. Therefore, the FAA proposes
to add pilot examiners to Sec. 61.199(a)(3) for consistency and
clarity.
---------------------------------------------------------------------------
The FAA adopted the requirement for a flight instructor to take a
practical test upon expiration of their flight instructor certificate
in 1965 \31\ when the FAA adopted the biennial renewal requirements for
flight instructor certificates, as previously discussed in section
III.A.2 of this preamble. For the renewal or reinstatement of a flight
instructor certificate, the FAA required a person to satisfactorily
demonstrate to the Administrator the applicant's ability to give flight
instruction by passing a practical test. However, the final rule
allowed the Administrator to limit the test to those items necessary to
determine continued competency of the applicant if the certificate was
unexpired and the person's record of flight instruction warranted it.
The FAA adopted the biennial expiration and renewal requirements to
create a higher standard of flight instruction and ensure that flight
instructors were familiar with current flight training standards and
procedures.
---------------------------------------------------------------------------
\31\ 30 FR 8256.
---------------------------------------------------------------------------
Today, a flight instructor may renew a flight instructor
certificate by completing an approved FIRC prior to the expiration date
listed on their certificate. The FAA is retaining this method of
renewal. However, a flight instructor who allows their flight
instructor certificate to expire must pass a practical test regardless
of how recently the flight instructor certificate expired. The FAA
finds that the knowledge and skills of a person who renews their flight
instructor certificate by completing an approved FIRC within the 24
month renewal window are comparable to the knowledge and skills of a
person whose flight instructor certificate expired less than three
calendar months after that period. Therefore, the FAA finds it
unnecessary to require a person to take a flight instructor practical
test during the first three calendar months following the expiration of
the person's flight instructor certificate, or following the person's
lapse in recent experience as proposed, because the flight instructor's
knowledge and skills will not have degraded significantly during that
time.
Furthermore, the FAA finds that the current reinstatement
requirements of Sec. 61.199 (i.e., successful completion of a
practical test) discourages many flight instructors who would otherwise
renew their certificates shortly after expiration when there is little
degradation in knowledge and experience. For example, a person whose
flight instructor certificate has been expired for only one day is
still required to take a practical test even though the completion of
an approved FIRC and submission of the documents required under Sec.
61.197(a)(2) a few days sooner would have been sufficient. The FAA has
determined that requiring a flight instructor to take a practical test
shortly after their flight instructor certificate expires imposes
unnecessary personal and financial burdens on that flight instructor.
Taking a practical test is a time and cost-intensive endeavor. This
expenditure generally includes the applicant's personal time to prepare
for, arrange, and take the test; the cost of a designated examiner to
conduct the test; and the aircraft operational or rental costs incurred
while taking the test. These costs are significantly higher than the
cost of completing an approved FIRC \32\ under current Sec.
61.197(a)(2)(iii).\33\
---------------------------------------------------------------------------
\32\ Refer to footnote 81 for estimated cost for taking a
practical reinstatement test and the estimated savings that the FAA
proposal would provide by allowing a flight instructor to complete
an approved FIRC during the first three months following the flight
instructor's lapse in recent experience.
\33\ The FAA notes that the FAA proposes to reorganize Sec.
61.197 and relocate Sec. 61.197(a)(2)(iii) to Sec.
61.197(b)(2)(iii).
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An approved FIRC informs flight instructors of the recent changes
in general aviation flight training; provides flight instructors with
the necessary refresher training; and exposes flight instructors to the
latest in-flight training techniques, the newest technologies, and the
latest operational safety procedures. FIRCs also emphasize development
and improvement of the instructor skills necessary to effectively
convey information to pilots-in-training and build a foundational
culture of safety within them.\34\ The FAA finds that allowing a flight
instructor to complete an approved FIRC during the first three months
following the flight instructor's lapse in recent experience would
achieve the same level of safety as the current reinstatement
requirements by ensuring flight instructors have the necessary level of
aeronautical knowledge to perform their job effectively.
---------------------------------------------------------------------------
\34\ See Advisory Circular 61-83, as revised, Nationally
Scheduled, FAA-Approved, Industry-Conducted Flight Instructor
Refresher Course.
---------------------------------------------------------------------------
The FAA understands that a flight instructor's technical knowledge
and instructional proficiency diminishes over prolonged inactivity;
however, a flight instructor's knowledge and proficiency is not
diminished on the day, or shortly after the day, the instructor's
recent experience period has lapsed. Therefore, the FAA determined that
mandating a practical test, as the only means to reinstate a flight
instructor's recent experience and
[[Page 32990]]
privileges, is unwarranted shortly after a flight instructor's recent
experience lapses. As discussed earlier, AOPA also asked the FAA to add
a three-month period to allow a flight instructor to reestablish recent
experience by completing a FIRC within those three months. The FAA
finds that three-calendar-months following the flight instructor's
lapse of recent experience is an appropriate period to reinstate the
privileges of their flight instructor certificate by completing a FIRC
without adversely affecting the quality of flight training or flight
safety. For the reasons discussed above, the FAA determined that there
is good cause to propose a three-calendar-month period to allow flight
instructors to reinstate their privileges to instruct by completing an
approved FIRC.
The FAA's proposal to add a three-calendar-month reinstatement
period that would allow flight instructors to take an approved FIRC
rather than a practical test is intended to encourage flight
instructors to reinstate their flight instructor privileges during the
three calendar months following their lapse in recent experience. The
FAA notes that a flight instructor may not exercise the privileges of
their flight instructor certificate when their recent experience has
lapsed. Furthermore, this option would accommodate flight instructors
who have encountered unique circumstances, such as national disasters,
that may have prevented them from renewing their certificates before
the expiration date.
As explained in the previous sections, flight instructor
certificates would not expire under this proposal, and flight
instructors would be required to satisfy recent experience requirements
rather than renewal requirements. As a result, the FAA proposes to make
conforming amendments to Sec. 61.199. More specifically, Sec. 61.199
would contain the requirements for reinstating flight instructor
privileges for persons who have allowed their recent experience to
lapse, rather than reinstatement requirements for expired flight
instructor certificates.
Accordingly, the FAA proposes to amend Sec. 61.199(a) by adding a
three-calendar-month reinstatement period that would immediately follow
the flight instructor's lapse in recent experience, during which a
person would have the option to reinstate their flight instructor
privileges by completing an approved FIRC. This new reinstatement
option would be contained in Sec. 61.199(a)(1). The FAA notes that
proposed Sec. 61.199(a)(1) would also retain the option for a person
to reinstate their flight instructor privileges during the first three
calendar months by passing a practical test in accordance with proposed
Sec. 61.199(a)(2) because this option is currently allowed today.
Proposed Sec. 61.199(a)(2) would contain the current requirements and
would apply if more than three calendar months have passed since the
last month of the flight instructor's recent experience period.
Therefore, under proposed Sec. 61.199(a)(2), a person would be
required to pass either a flight instructor practical test for one of
the ratings held on their flight instructor certificate or a flight
instructor practical test for an additional rating.\35\
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\35\ The FAA notes that Sec. 61.199(a)(3) will remain
unchanged, thereby retaining the reinstatement option for military
pilots to either pass a U.S. Armed Forces instructor pilot or pilot
examiner proficiency check or complete a U.S. Armed Forces'
instructor pilot or pilot examiner training course and receive an
additional aircraft rating qualification as a military instructor
pilot or pilot examiner.
---------------------------------------------------------------------------
Additionally, in a 2018 final rule, the FAA added a temporary
provision to Sec. 61.199(c) to allow military instructors who obtained
their initial flight instructor certificate under subpart H prior to
October 20, 2009, to reinstate that instructor certificate based on
military experience rather than by completing a practical test.\36\ Per
Sec. 61.199(d), this temporary provision expired on August 26, 2019.
As this expiration date has passed and this method of reinstatement for
expired flight instructor certificates is no longer permitted, the FAA
proposes to remove Sec. 61.199(c) and (d) from the regulations.
---------------------------------------------------------------------------
\36\ 83 FR 30232.
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B. Conforming Amendments (Sec. Sec. 61.2, 61.56, 61.425, 61.427, and
Special Federal Aviation Regulation (SFAR) No. 100-2)
The FAA proposes to make conforming amendments to Sec. Sec. 61.2,
61.56, 61.425, 61.427, and Special Federal Aviation Regulation (SFAR)
No. 100-2 to ensure consistency with the FAA's proposal to amend
Sec. Sec. 61.197 and 61.199. For reasons discussed in more detail
below, the FAA also proposes to relocate and codify the requirements of
SFAR 100-2 in the regulations.
1. Proposed Amendments to Sec. Sec. 61.2, 61.56, 61.425, and 61.427
Section 61.2(b) requires persons to meet the appropriate airman and
medical recent experience requirements to exercise privileges of an
airman certificate, rating, endorsement, authorization, or foreign
pilot license. Currently, Sec. 61.2(b) refers to the recent experience
requirements of part 61 as ``recency'' requirements rather than
``recent experience'' requirements. The FAA recognizes that it uses the
terms ``recency,'' ``recent flight experience,'' and ``recent
experience'' requirements interchangeably in the regulations. However,
the terms ``recent flight experience'' and ``recent experience'' are
used more frequently than ``recency.'' The FAA proposes to revise Sec.
61.2(b) to use the term ``recent experience'' requirements to create
consistency within part 61 and conform to the proposed changes to Sec.
61.197, which would create recent experience requirements for flight
instructors. The FAA notes that the term ``recent experience'' is more
appropriate than ``recent flight experience'' because Sec. 61.2(b)
requires a person to meet the appropriate airman and medical recent
experience requirements of part 61, which contain more than flight
experience requirements.
Section 61.56 prescribes the requirements for a flight review,
which must consist of a minimum of 1 hour of flight training and 1 hour
of ground training. Except as specified in Sec. 61.56(d), (e), and
(g), a person may not act as pilot-in-command (PIC) of an aircraft
unless that person has accomplished a flight review in the 24 calendar
months preceding the month in which the pilot acts as PIC.\37\
Therefore, Sec. 61.56(d) contains certain exceptions to the flight
review requirements. Under Sec. 61.56(d)(2), a person need not
accomplish a flight review if the person has passed a practical test
conducted by an examiner for one of the following: the issuance of a
flight instructor certificate, an additional rating on a flight
instructor certificate, renewal of a flight instructor certificate, or
the reinstatement of a flight instructor certificate.
---------------------------------------------------------------------------
\37\ 14 CFR 61.56(c).
---------------------------------------------------------------------------
Under the proposal, flight instructor certificates would no longer
expire, and flight instructors would no longer be required to renew
their flight instructor certificates under Sec. 61.197. Instead, Sec.
61.197 would contain flight instructor recent experience requirements
and allow a person to establish recent experience by passing a
practical test for one of the ratings listed on the flight instructor
certificate or for an additional flight instructor rating.
Additionally, Sec. 61.199 would contain requirements for reinstating
flight instructor privileges rather than requirements for reinstating
an expired flight instructor certificate. Among the options for
reinstatement, a person may pass a flight instructor practical test.
Therefore, the FAA is proposing to revise the language of Sec.
61.56(d)(2) to conform to the changes proposed in Sec. Sec. 61.197 and
61.199.
[[Page 32991]]
Additionally, the FAA is proposing a minor editorial change to
Sec. 61.56(e) to remove the word ``award'' in the description of the
FAA-sponsored pilot proficiency program. The FAA currently sponsors a
pilot proficiency program termed WINGS, which was previously described
as an ``awards'' program. However, the FAA no longer assigns this
terminology to WINGS, as the WINGS program is more properly described
simply as a proficiency program designed to help improve pilot skills
and knowledge. Further, the removal of the term ``award'' more
accurately encompasses the general objectives of a pilot proficiency
program to meet the flight renewal provision of Sec. 61.56(e) should
the FAA sponsor additional programs.
Section 61.56(f) provides an exception to the ground training
portion of the flight review requirement. Under current Sec. 61.56(f),
a person who has satisfactorily renewed their flight instructor
certificate under current Sec. 61.197 is not required to accomplish
the one hour of ground training required for a flight review. Because
proposed Sec. 61.197 would contain recent experience requirements for
a flight instructor certificate rather than renewal requirements, the
FAA is proposing to make conforming amendments to Sec. 61.56(f).
Therefore, Sec. 61.56(f) would except a flight instructor from the
ground training requirements of a flight review if that flight
instructor has met the recent experience requirements for a flight
instructor certificate under Sec. 61.197.
In addition, the FAA proposes to revise Sec. 61.56(f) to except
any persons who reinstate their flight instructor privileges from the
ground training portion of the flight review by completing an approved
FIRC within the three calendar month reinstatement period proposed in
Sec. 61.199(a)(1). Under the proposal, a person who reinstates their
flight instructor privileges by completing a practical test under Sec.
61.199(a)(2) would be excepted from the entire flight review. However,
a person who satisfies recent flight instructor experience by
satisfactorily completing an approved FIRC would be excepted from only
the ground training portion of the flight review. The FAA finds that a
person who reinstates their flight instructor privileges by completing
an approved FIRC during the three-calendar-month reinstatement period
should be given the same relief as a person who establishes recent
experience by completing an approved FIRC. The FAA proposes to revise
Sec. 61.56(f) accordingly.
Currently, Sec. Sec. 61.425 and 61.427 prescribe renewal and
reinstatement requirements for persons who hold a flight instructor
certificate with a sport pilot rating. Under Sec. 61.425, a person who
holds a flight instructor certificate with a sport pilot rating may
renew that certificate in accordance with Sec. 61.197. Section 61.427
allows a person to exchange their expired flight instructor certificate
with a sport pilot rating for a new certificate with a sport pilot
rating and any rating on that certificate by passing a practical test
as prescribed in Sec. 61.405(b) or Sec. 61.183(h) for one of the
ratings listed on their expired flight instructor certificate.
To ensure consistency with the proposed amendments to Sec. Sec.
61.197 and 61.199, the FAA proposes to make conforming amendments to
Sec. Sec. 61.425 and 61.427. The FAA proposes to bifurcate Sec.
61.425 into two paragraphs. Section 61.425(a) would govern flight
instructor certificates issued without expiration dates. Section
61.425(b) would govern flight instructor certificates issued prior to
the final rule becoming effective, which would contain expiration
dates. Thus, Sec. 61.425(a) would require a person who holds a flight
instructor certificate with a sport pilot rating issued after the final
rule's effective date to establish recent experience in accordance with
Sec. 61.197 (i.e., within the 24 preceding months, the person has
satisfied one of the recent experience requirements in Sec.
61.197(b)). For persons who hold unexpired flight instructor
certificates with a sport pilot rating issued before the final rule
becomes effective, Sec. 61.425(b) would allow those persons to renew
their certificate by establishing recent experience in accordance with
Sec. 61.197 prior to the expiration month listed on their flight
instructor certificate.
In addition, the FAA proposes to revise Sec. 61.427 to align with
the proposed amendments to Sec. 61.199. Therefore, proposed Sec.
61.427 would address how to reinstate flight instructor privileges if a
person fails to establish recent experience for a flight instructor
certificate with a sport pilot rating. Consistent with proposed Sec.
61.199, a person who holds a flight instructor certificate with a sport
pilot rating must reinstate their flight instructor privileges by
successfully completing an approved FIRC if three calendar months or
less have passed since the last month of their recent experience
period. Section 61.427(a) would contain this proposed requirement. If
more than three calendar months have passed since the last month of the
flight instructor's recent experience period, the flight instructor
with a sport pilot rating would be required to pass a practical test in
accordance with proposed Sec. 61.427(b) to reinstate their flight
instructor privileges.
2. Proposed Amendments to SFAR No. 100-2
Currently, SFAR No. 100-2 provides relief to U.S. military and
civilian personnel who have served outside the United States in support
of U.S. Armed Forces operations during some period of time beginning on
or after September 11, 2001. To be eligible for the relief under SFAR
No. 100-2, the person's flight instructor certificate, airman written
test report, or inspection authorization must have expired sometime
between September 11, 2001, and six calendar months after returning to
the United States. SFAR No. 100-2 allows these persons to present an
expired flight instructor certificate to show eligibility for renewal
of a flight instructor certificate under Sec. 61.197; an expired
written test report to show eligibility to take a practical test under
parts 61, 63, and 65; and an expired inspection authorization to show
eligibility for renewal under Sec. 65.93. To exercise the relief
provided by SFAR No. 100-2, the person must renew their flight
instructor certificate or inspection authorization, as appropriate, or
pass the appropriate practical test within six calendar months after
returning to the United States. The FAA recognizes that a person could
have multiple deployments. The FAA, therefore, notes that this SFAR
provision does not allow a person to exercise the relief within six
calendar months after returning from the United States following any
deployment. Instead, a person must exercise the relief within the six
calendar months after returning to the United States following the
deployment where the flight instructor certificate, written test
report, or inspection authorization expired. In addition, a person must
submit required documentation to the FAA with their Airman Certificate
and/or Rating Application. Currently, SFAR No. 100-2 is ``effective
until further notice.''
The relief provided by SFAR No. 100-2 has existed since the FAA
issued SFAR No. 96 on May 6, 2002. After the terrorist attacks of
September 11, 2001, many U.S. military and civilian personnel were
assigned outside the United States in support of Operation Enduring
Freedom. For this reason, the FAA adopted SFAR No. 96 to provide relief
to a narrow range of individuals
[[Page 32992]]
in a narrow set of circumstances.\38\ As a result of the continuing
conflicts, the FAA superseded SFAR No. 96 with SFAR No. 100, which
applied to all military and civilian personnel assigned overseas in
support of any and all U.S. Armed Forces operations.\39\ On June 30,
2005, the FAA extended SFAR No. 100 by issuing SFAR No. 100-1 with an
expiration date of June 20, 2010.\40\ The FAA subsequently replaced
SFAR No. 100-1 with SFAR No. 100-2 on March 4, 2010.\41\ The FAA issued
SFAR No. 100-2 without an expiration date to ensure the U.S. personnel
assigned outside of the United States, who continue to preserve,
protect, and defend the American public, can obtain additional time for
renewal of their flight instructor certificates, inspection
authorizations, and airman written test reports.
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\38\ Final Rule, Relief for Participants in Operation Enduring
Freedom, 67 FR 30524 (May 6, 2002).
\39\ Final Rule, Relief for U.S. Military and Civilian Personnel
Who Are Assigned Outside the United States in Support of U.S. Armed
Forces Operations, 68 FR 36902 (Jun. 20, 2003).
\40\ 70 FR 37946.
\41\ 75 FR 9763.
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As evident from the history of the SFAR, there is an ongoing need
to retain the relief provided by SFAR No. 100-2. The relief has existed
for over 19 years, and the FAA is unable to determine an expiration
date for the relief because of ongoing overseas operations. Because
SFAR No. 100-2 is not temporary, the FAA finds that the content of SFAR
No. 100-2 would be more appropriately addressed as a new section in
part 61. Therefore, the FAA is proposing to relocate and codify the
contents of SFAR No. 100-2 into the regulations. Because SFAR No. 100-2
provides relief to persons under parts 61, 63, and 65, the FAA proposes
to codify the contents of SFAR No. 100-2 by amending parts 61, 63, and
65.
Specifically, the FAA proposes to add new Sec. 61.40, which would
codify the general contents of SFAR No. 100-2. Then, the FAA proposes
to revise various sections of parts 61, 63, and 65 by including cross-
references to Sec. 61.40 where necessary to ensure the relief of SFAR
No. 100-2 is appropriately codified in the appropriate part. The FAA
emphasizes that it is not proposing any substantive changes to the
content of SFAR No. 100-2 other than extending the relief to include
persons who have failed to establish recent flight instructor
experience requirements in accordance with proposed Sec. 61.197, which
is discussed in more detail below. However, the FAA has contemplated
revising the provisions that reference the September 11, 2001 date
because more than 20 years have passed since that date occurred.
The FAA proposes to relocate the content of SFAR No. 100-2 to new
Sec. 61.40. Proposed Sec. 61.40(a) would prescribe the documents that
must be presented to show eligibility to renew a flight instructor
certificate, establish recent flight instructor experience, take a
practical test, or renew an inspection authorization, as appropriate.
Proposed Sec. 61.40(b) would contain the requirements for a person to
be deemed eligible for the relief specified in Sec. 61.40(a). Lastly,
proposed Sec. 61.40(c) would contain the documentation requirements.
The FAA notes that paragraph 3 of SFAR No. 100-2, which contains the
current documentation requirements, requires a person to submit \42\
the Airman Certificate/or Rating Application, FAA Form 8710-1 or 8710-
11, as applicable, to the appropriate Flight Standards office. However,
FAA Form 8710-1 is not the appropriate application for every person
seeking relief under SFAR No. 100-2.\43\ Therefore, in addition to its
proposal to relocate the documentation requirements to Sec. 61.40(c),
the FAA proposes to revise the provision to require a person to
complete the application appropriate to the relief sought.
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\42\ The FAA notes that currently SFAR No. 100-2 paragraph 3
requires a person to send the Airman Certificate and/or Rating
application to the appropriate Flight Standards office. The FAA
proposes to change this language to submit because there are now
several acceptable ways in which the person may provide the FAA the
application (e.g., virtual conferencing tool, in-person) rather than
only sending through traditional mail.
\43\ FAA Form 8710-1 is the application for pilots, flight
instructors, and ground instructors. However, SFAR No. 100-2 also
provides relief for persons seeking to take practical tests under
parts 63 and 65 with expired written test reports and relief for a
person seeking to renew an expired inspection authorization under
part 65. Therefore, a person seeking relief under the requirements
of SFAR No. 100-2 should complete and submit the application
appropriate to the relief sought, which may be FAA Form 8710-1,
8400-3, 8610-1, or 8610-2. FAA Form 8400-3 is the application for
flight engineers, flight navigators, aircraft dispatchers, and
control tower operators. FAA Form 8610-1 is the mechanic's
application for inspection authorization. FAA Form 8610-2 is the
application for mechanics, repairmen, and parachute riggers.
---------------------------------------------------------------------------
Depending on the date the flight instructor certificate was issued,
proposed Sec. 61.40(a)(1) through (3) would allow flight instructors
to either renew their expired flight instructor certificate or
establish recent flight instructor experience in accordance with Sec.
61.197. As previously mentioned, SFAR No. 100-2 currently provides
relief to a person whose flight instructor certificate expires as a
result of the person's service overseas. Because the FAA's proposal
would remove the expiration dates from flight instructor certificates
and convert the flight instructor renewal requirements of Sec. 61.197
to recent experience requirements, the FAA proposes to make conforming
amendments to the existing requirements in SFAR No. 100-2. More
specifically, the FAA proposes to extend the relief to persons who fail
to establish the recent experience requirements of proposed Sec.
61.197 as a result of their service in support of U.S. Armed Forces'
operations. For flight instructor certificates issued after the final
rule becomes effective, the person would be required to present a
record demonstrating the last recent experience event accomplished
under Sec. 61.197 to show eligibility to reestablish recent experience
under Sec. 61.197. However, the FAA recognizes that there may be
persons who are issued a flight instructor certificate for the first
time after the final rule becomes effective that are unable to
establish recent experience during their first 24 months as a flight
instructor. For these persons, the FAA proposes to allow them to
present a flight instructor certificate demonstrating the date of
issuance to show eligibility to establish recent experience under Sec.
61.197. The FAA proposes to codify this relief by adding new Sec.
61.40(a)(2) and (3) and by including the necessary cross-references in
proposed Sec. 61.197(c) and (e). Proposed Sec. 61.40(a)(1) would
contain the existing relief for persons holding expired flight
instructor certificates.
Proposed Sec. 61.40(a)(4) through (6) would allow eligible persons
to take a practical test under parts 61, 63, and 65 with expired
written test reports. The FAA recognizes that there are several
regulations throughout parts 61, 63, and 65 that require the applicant
to have passed the knowledge test within the 24-calendar-month period
preceding the month the applicant completes the practical test.
Therefore, the FAA proposes to revise certain sections of parts 61, 63,
and 65 to enable persons to exercise the relief provided by proposed
Sec. 61.40. More specifically, the FAA proposes to revise Sec. 61.39,
which contains the prerequisites for practical tests under part 61, by
adding new Sec. 61.39(e) to allow applicants for an airman certificate
or rating under part 61 to take a practical test with an expired
knowledge test if that applicant meets the requirements of proposed
Sec. 61.40. The FAA also proposes to include exception language
referencing new Sec. 61.39(e) in Sec. 61.39(a), (b), and (c), which
would implement the relief provided by proposed Sec. 61.40. With
respect to part 63, the FAA proposes to
[[Page 32993]]
revise Sec. Sec. 63.35(d) and 63.53 to allow applicants for flight
engineer certificates or ratings and applicants for flight navigator
certificates to take their practical tests under part 63 with expired
written test reports in accordance with Sec. 61.40.\44\ With respect
to part 65, the FAA proposes to revise Sec. Sec. 65.55 and 65.71 \45\
to allow applicants for aircraft dispatcher certificates and mechanic
certificates or ratings to take their practical tests under part 65
with expired written test reports in accordance with Sec. 61.40.
Proposed Sec. 65.55(b) and (c) add an exception to allow eligible
persons to take a practical test for an aircraft dispatcher certificate
under part 65 with an expired written test report in accordance with
Sec. 61.40. Proposed Sec. 65.75(d) excepts eligible persons from the
requirement that a certificated mechanic must pass the required tests
within a period of 24 months. These revisions would ensure the relief
currently provided by SFAR No. 100-2 would remain unchanged under the
FAA's proposal to relocate and codify the relief in the regulations.
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\44\ Additionally, the FAA proposes to revise Sec. 63.35(c) to
remove a gender reference and clarify that the 24 month period is
calendar months.
\45\ The FAA also proposes to revise Sec. 65.71(a)(4) to remove
a gender reference and clarify that the 24 month period is calendar
months.
---------------------------------------------------------------------------
Lastly, proposed Sec. 61.40(a)(6) would allow persons to renew an
expired inspection authorization under Sec. 65.93. Because Sec. 65.93
does not currently allow for this relief, the FAA proposes to add new
paragraph (d) and to include exception language in current Sec.
65.93(a) to expressly allow an eligible person to renew an expired
inspection authorization under part 65 in accordance with Sec. 61.40.
The following table shows which regulations the FAA proposes to
revise to enable the codification of SFAR No. 100-2. The table also
shows where the FAA proposes to codify each provision of SFAR No. 100-
2.
Summary of Proposed Changes to Special Federal Aviation Regulation No.
100-2
------------------------------------------------------------------------
Proposed sections Current section/
Description of proposed revision of 14 CFR parts paragraph of SFAR
61, 63, and 65 No. 100-2
------------------------------------------------------------------------
Excepts eligible persons from Sec. 61.39(a), Section 1.
the requirement to have passed (b), (c) and (e). Applicability,
the required knowledge test paragraph (a).
within the 24 calendar month
period preceding the month the
applicant completes the
practical test for an airman
certificate under part 61.
Codifies the relief provided by Sec. 61.40(a)... Section 1.
current SFAR No. 100-2 and Applicability,
expands the relief to include paragraphs (a)
persons who have failed to meet through (c).
the recent experience
requirements of proposed Sec.
61.197.
Codifies the eligibility Sec. 61.40(b)... Section 2.
requirements for persons Eligibility,
seeking relief under SFAR No. paragraphs (a)
100-2. through (c).
Codifies the documentation Sec. 61.40(c)... Section 3.
required to accompany the Required
person's Airman Certificate and/ documents,
or Rating Application, which paragraphs (a)
must show the date of through (c).
assignment outside the United
States and the date of return
to the United States.
Excepts eligible persons from Sec. 61.197(c), N/A.
the requirement to establish (e) and (f).
recent flight instructor
experience at least once every
24 calendar months.
Adds an exception to allow Sec. 63.35(d)... Section 1.
eligible persons to take a Applicability,
practical test for a flight paragraph (b).
engineer certificate or rating
under part 63 with an expired
written test report in
accordance with Sec. 61.40.
Adds an exception to allow Sec. 63.53(b) Section 1.
eligible persons to take a and (c). Applicability,
practical test for a flight paragraph (b).
navigator certificate under
part 63 with an expired written
test report in accordance with
Sec. 61.40.
Adds an exception to allow Sec. 65.55(b) Section 1.
eligible persons to take a and (c). Applicability,
practical test for an aircraft paragraph (c).
dispatcher certificate under
part 65 with an expired written
test report in accordance with
Sec. 61.40.
Excepts eligible persons from Sec. 65.71(b)... Section 1.
the requirement that a Applicability,
certificated mechanic must pass paragraph (c).
the required tests within a
period of 24 months.
Adds language to allow eligible Sec. 65.75(d)... Section 1.
persons to take a practical Applicability,
test for a mechanic certificate paragraph (c).
or rating under part 65 with an
expired written test report in
accordance with Sec. 61.40.
Adds an exception to the Sec. 65.93(a) Section 1.
inspection authorization and (d). Applicability,
renewal requirements to allow paragraph (c).
eligible persons to renew
expired inspection
authorizations under part 65 in
accordance with Sec. 61.40.
------------------------------------------------------------------------
The FAA recognizes that its proposed relocation and codification of
SFAR No. 100-2 may not be the best approach because part 61 does not
apply to persons taking practical tests under parts 63 or 65 or to a
person renewing an authorization inspection under Sec. 65.93. The FAA
proposes to include the substantive requirements of current SFAR No.
100-2 in Sec. 61.40 and then cross-reference those requirements in
parts 63 and 65 because current SFAR No. 100-2 is located in part 61.
Parts 63 and 65 currently contain editorial notes leading persons to
the relief provided in SFAR No. 100-2 under part 61.
The FAA considered an alternative approach to codify the relief
currently provided by SFAR No. 100-2 under parts 61, 63, and 65. More
specifically, parts 61, 63, and 65 would each contain a new section
that would codify the relief currently provided by SFAR No. 100-2
appropriate to the persons regulated under the respective part. For
example, Sec. 61.40 would allow persons to renew an expired flight
instructor certificate, establish recent flight instructor experience,
and take practical tests for airmen certificates under part 61,
provided the eligibility and documentation requirements are satisfied.
Part 63 would contain a new section that would allow a person to take a
practical test under part 63 with an expired written test report,
provided the eligibility and documentation requirements are satisfied.
Lastly, part 65 would contain a new section that
[[Page 32994]]
would allow a person to renew an expired inspection authorization under
Sec. 65.93 or take a practical test under part 65 with an expired
written test report, provided the eligibility and documentation
requirements are satisfied. While the FAA considered this approach, the
FAA has determined that the proposal integrates the relief set forth in
SFAR 100-2 into the permanent regulations in the most effective and
streamlined manner.
C. Instructor Qualifications for Training Initial Flight Instructor
Applicants
Section 61.195(h) contains the qualifications for flight
instructors seeking to instruct initial flight instructor applicants.
Currently, under Sec. 61.195(h)(2), to provide flight training to an
initial flight instructor applicant under part 61, the flight
instructor must, in addition to other requirements,\46\ have held a
flight instructor certificate for at least 24 months and have given at
least 200 hours of flight training as a flight instructor for an
airplane, rotorcraft, or powered-lift rating (or 80 hours in the case
of glider instruction). A person serving as a flight instructor in an
FAA-approved course for initial flight instructor applicants has the
option of meeting either the aforementioned requirements or the
requirements of Sec. 61.195(h)(3). Currently, Sec. 61.195(h)(3)
allows a person to serve as a flight instructor in an FAA-approved
course for initial flight instructor applicants if that person has
trained and endorsed at least five applicants for a practical test,\47\
at least 80 percent of those applicants passed the practical test on
their first attempt, and the flight instructor has given at least 400
hours of flight training for training in an airplane, rotorcraft, or
powered lift rating (or 100 hours of flight training for training in a
glider rating).
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\46\ The additional requirements include satisfying the
requirements prescribed in Sec. 61.183 and holding the appropriate
flight instructor certificate and rating. 14 CFR 61.195(h)(2)(i) and
(ii).
\47\ The practical test must be for a pilot certificate, flight
instructor certificate, ground instructor certificate, or an
additional rating. 14 CFR 61.195(h)(3)(ii).
---------------------------------------------------------------------------
The FAA initially adopted the 24-month experience requirement in
1973.\48\ In the NPRM that published on March 23, 1972, the FAA
proposed to require an applicant for a flight instructor certificate to
receive training from either a person holding a gold seal flight
instructor certificate or a person who has held a flight instructor
certificate for 24 months and who has given at least 200 hours of
flight instruction (or 80 hours in the case of glider instruction).\49\
In proposing these experience requirements, the FAA explained that
these qualifications were comparable to having a gold seal flight
instructor certificate.\50\ However, in the 1973 final rule, the FAA
withdrew the proposal to establish a gold seal flight instructor
certificate in the regulations.\51\ In that final rule, the FAA adopted
Sec. 61.187, which required an applicant for a flight instructor
certificate to receive training from a flight instructor who has held a
flight instructor certificate for 24 months and who has given at least
200 hours of flight instruction (or 80 hours in the case of glider
instruction).\52\
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\48\ Final Rule, Pilot and Flight Instructor Certificates and
Ratings and Check Requirements for Pilots-in-Command, 38 FR 3156
(Feb. 1, 1973).
\49\ NPRM, Certification: Pilots and Flight Instructors, 37 FR
6012, 6015 (Mar. 23, 1972).
\50\ 37 FR at 6015.
\51\ 38 FR at 3160. The majority of commenters were opposed to
establishing a gold seal flight instructor certificate. They
explained, among other things, that there should be no distinction
between instructors and that flight instructors should either be
qualified or they should not be certificated as flight instructors.
\52\ 38 FR at 3177.
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In 1997, the FAA adopted a final rule that relocated the
qualifications for flight instructors seeking to train initial flight
instructor applicants from Sec. 61.187 to Sec. 61.195(h).\53\ The
1997 final rule added qualification requirements for ground instructors
in Sec. 61.195(h)(1), placed the existing 24 month experience and
requisite flight hour requirements in Sec. 61.195(h)(2), and added a
new qualification option in Sec. 61.195(h)(3) for flight instructors
serving in an FAA-approved course. The alternative qualifications of
Sec. 61.195(h)(3) required a flight instructor to have trained and
endorsed at least five persons for a pilot certificate or rating
practical test; have a record reflecting that at least 80 percent of
those persons passed that practical test on their first attempt; and
have given a minimum amount of flight training. In the case of
airplanes, the minimum amount of flight training given must have been
400 hours; in the case of gliders, the minimum amount of flight
training given must have been 100 hours. The FAA intended for Sec.
61.195(h)(3) to allow persons who held a flight instructor certificate
for less than 24 months to give training to flight instructor
candidates.\54\ The FAA explained that some full-time flight
instructors may meet the 400-hour requirement before accumulating 24
months of training experience, and such instructors should be allowed
to train flight instructor candidates within the structure of an
approved training program. The FAA determined that the alternative
qualifications of Sec. 61.195(h)(3) provided at least an equivalent
level of safety to the 24 month experience and minimum flight time
requirements.
---------------------------------------------------------------------------
\53\ Final Rule, Pilot, Flight Instructor, Ground Instructor,
and Pilot School Certification Rules, 62 FR 16220, 16275 (Apr. 4,
1997).
\54\ NPRM, Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, 60 FR 41160, 41183 (Aug. 11,
1995).
---------------------------------------------------------------------------
On April 20, 2017, the FAA assigned the Aviation Rulemaking
Advisory Committee (ARAC) the task to evaluate the FAA's regulations in
14 CFR to determine any and all regulations that should be repealed,
replaced, or modified and to provide feedback on the regulatory actions
identified in the FAA's regulatory agenda.\55\ The ARAC submitted its
Addendum Recommendation Report to the FAA on September 12, 2017.\56\ As
part of this report, the ARAC recommended the FAA modify Sec.
61.195(h)(2)(iii) because the current requirement that the flight
instructor must have held their flight instructor certificate for at
least 24 months is outdated, unnecessary, ineffective, and inhibits job
creation. The ARAC recommended the FAA revise Sec. 61.195(h)(2)(iii)
by adding the option for a flight instructor to complete an FAA-
approved standardization course at a part 141 pilot school that
provides instruction on the intricacies of training a flight instructor
applicant. The FAA notes that the ARAC's primary rationale for changing
the requirement was based on the shortage of flight instructors
qualified to instruct initial flight instructor applicants.\57\ The
ARAC explained that the flight instructor profession is a transient
position for the vast majority of pilots on their way to fly jets
professionally and the turnover is approaching 90% annually.
---------------------------------------------------------------------------
\55\ Notice of a new task assignment for the Aviation Rulemaking
Advisory Committee (ARAC), Aviation Rulemaking Advisory Committee
(ARAC)--ARAC Input To Support Regulatory Reform of Aviation
Regulations--New Task, 82 FR 19783 (Apr. 28, 2017).
\56\ ARAC Input to Support Regulatory Reform of Aviation
Regulations--ARAC Addendum Report (Sept. 12, 2017).
\57\ The FAA notes that the ARAC's recommendations are economic-
based. The FAA does not have the statutory authority to prescribe
economic regulations. See The Federal Aviation Act of 1958, 72 Stat.
731 (establishing the FAA and giving it the authority to regulate
safety); The Civil Aeronautics Board Sunset Act of 1984, 98 Stat.
1703 (transferring economic authority from the Civil Aeronautics
Board to the Secretary of Transportation).
---------------------------------------------------------------------------
The National Air Disaster Foundation (NADF) and the Air Line Pilots
Association International (ALPA) submitted dissenting opinions,
strongly opposing the ARAC recommendation to eliminate the existing
regulation that
[[Page 32995]]
requires at least 24 months of flight instructor experience. The NADF
explained that flight instructors must be experienced and should not be
students teaching and supervising other students. ALPA stressed that
the ARAC's proposal is based upon an economic basis and makes no
mention of what safety impacts were considered. ALPA stated that the
24-month experience requirement is a time-proven regulation that helps
ensure flight instructor candidates are taught how to instruct others
only by pilots who have a level of experience and competence serving as
flight instructors themselves. ALPA believed the 24-month experience
requirement leads to experience, knowledge, professionalism, expertise,
and skill that make an individual a better instructor. In addition,
ALPA stated that any real or perceived shortage of instructors is an
inappropriate justification for reducing instructor qualifications and
reduces the quality of training and, ultimately, safety.
The FAA recognizes that the current 24-month experience requirement
may lead some flight instructors to gain the experience, knowledge, and
skill necessary to instruct initial flight instructor candidates during
that 24-month timeframe. However, the FAA finds that the 24-month
experience requirement is limiting because it does not account for
persons who may have achieved the level of proficiency required to
instruct initial flight instructor applicants prior to those 24 months.
For example, before accumulating 24 months of experience, some full-
time flight instructors may have provided an extensive amount of flight
training that exceeds the 200-hour flight time requirement, established
a successful record of training as demonstrated by the passage rate on
practical tests by those applicants the instructor has trained, and
obtained more experience than part-time instructors who have held their
certificate for 24 months. The FAA has determined there are alternative
methods to assess whether a flight instructor is qualified to instruct
initial flight instructor applicants.
Accordingly, the FAA proposes adding two new qualification options
for persons seeking to instruct initial flight instructor applicants.
The first option would allow flight instructors to satisfy the
qualification requirements by training and endorsing, during the
preceding 24 calendar months, at least five applicants for a practical
test, with at least 80 percent passing the practical test on their
first attempt. The second option would allow flight instructors to
attain qualification by successfully completing an FAA-approved flight
instructor enhanced qualification training program (FIEQTP) after
giving a requisite amount of flight training to pilot applicants. The
following sections discuss the proposed qualification requirements and
the proposed curriculum requirements for an approved FIEQTP.
1. Flight Instructor Qualifications (Sec. 61.195(h)(2))
Currently, Sec. 61.195(h)(2) contains the qualification
requirements for persons instructing initial flight instructor
applicants under part 61, and Sec. 61.195(h)(3) contains the
qualification requirements for persons serving as flight instructors
under FAA-approved courses. The FAA finds it is unnecessary to make the
qualification requirements dependent on whether the flight instructor
provides training under part 61, 141, or 142. Flight instructors are
either qualified to instruct initial flight instructor applicants or
they are not, regardless of which 14 CFR part they are instructing
under. Therefore, unlike the current qualification requirements,\58\
the FAA proposes to apply the same qualification requirements to all
flight instructors. As a result, the FAA proposes to restructure
current Sec. 61.195(h). Proposed Sec. 61.195(h)(1) would contain the
qualifications for persons providing ground training.\59\ Proposed
Sec. 61.195(h)(2) would contain the qualifications for persons
providing flight training, including persons serving as flight
instructors under FAA-approved courses. In addition, as discussed in
more detail below, proposed Sec. 61.195(h)(3) would contain the
requirements for an FAA-approved FIEQTP.
---------------------------------------------------------------------------
\58\ Currently, Sec. 61.195(h)(3) contains qualification
requirements only for persons serving as flight instructors in FAA-
approved courses under parts 141 or 142.
\59\ Subpart I prescribes the requirements for the issuance of
ground instructor certificates and ratings, the conditions under
which those certificates and ratings are necessary, and the
limitations upon such certificates and ratings; however, proposed
Sec. 61.195(h)(1) prescribes qualifications for persons providing
ground training, one option of which is to hold a ground instructor
certificate, subject to certain experience requirements. The FAA
finds that a conforming amendment to new Sec. 61.215(e) would aid
ground instructors in understanding the requirements needed to
provide ground training to initial flight instructor applicants,
given proposed Sec. 61.195(h)(1) is situated in Subpart H, Flight
Instructors Other than Flight Instructors With a Sport Pilot Rating.
This is simply a clarifying amendment to subpart H and does not add
additional requirements.
---------------------------------------------------------------------------
Consistent with the current regulations, Sec. 61.195(h)(2) would
require a flight instructor who provides flight training to an initial
applicant for a flight instructor certificate to meet the eligibility
requirements of Sec. 61.183 and hold the appropriate flight instructor
certificate and rating. The FAA also proposes to require the flight
instructor to meet the requirements of the part under which the flight
training is conducted. The FAA notes that flight instructors are
already required to comply with the requirements of the part under
which they are providing flight training. However, because Sec.
61.195(h)(2) would apply to persons serving as flight instructors under
parts 61, 141, and 142, including such language in the regulation would
add clarity. In addition to meeting these qualifications, a flight
instructor would be required to meet one of the qualification options
prescribed in Sec. 61.195(h)(2)(i) through (iii).
The first qualification option, in proposed Sec. 61.195(h)(2)(i),
would contain the requirements that currently exist in Sec.
61.195(h)(2). Thus, under Sec. 61.195(h)(2)(i), a flight instructor
would be qualified to instruct an initial flight instructor applicant
if that flight instructor has held their flight instructor certificate
for at least 24 calendar months and has given at least 200 hours of
flight training as a flight instructor (or 80 hours in the case of
glider instruction). The FAA proposes to specify ``calendar'' months
for clarity and consistency with the requirement that a ground
instructor has held their certificate for at least 24 calendar months
in current and retained Sec. 61.195(h)(1)(i).
The FAA recognizes industry's concerns about these requirements. As
previously mentioned, the ARAC believed the experience requirements are
ineffective and outdated; however, dissenting opinions emphasized the
importance of having experienced flight instructors train initial
flight instructor applicants. Furthermore, in the 1997 final rule, AOPA
and National Association of Flight Instructors (NAFI) opposed the
existing requirement that a pilot be a flight instructor for at least
24 months before qualifying to teach an initial flight instructor
applicant.\60\ These commenters stated that a minimum amount of
instructional experience requirement may be appropriate, but the FAA
had failed to prove the need for the specified 200 hours or 24 months
of experience required. The FAA acknowledged these comments but
explained that they were out of scope because the FAA did not propose
changes to the provisions in the existing rule. In this NPRM, the FAA
[[Page 32996]]
proposes to add alternatives to the 24-calendar-month experience
requirement.
---------------------------------------------------------------------------
\60\ 62 FR at 16275.
---------------------------------------------------------------------------
The second qualification option, in proposed Sec.
61.195(h)(2)(ii), would contain the first proposed alternative to the
fixed 24 calendar month experience requirement discussed above. Under
proposed Sec. 61.195(h)(2)(ii), a flight instructor would be qualified
to instruct an initial flight instructor applicant if that flight
instructor has trained and endorsed, during the preceding 24 calendar
months, at least five applicants for a practical test and at least 80
percent of those applicants passed that test on their first attempt.
The FAA recognizes that this option is currently available to persons
serving as flight instructors under FAA-approved courses, provided they
have also given at least 400 hours of flight training as a flight
instructor (or 100 hours in the case of glider instruction).\61\ Under
this proposal, however, the FAA finds it unnecessary to require flight
instructors to have given a certain amount of flight training in
addition to meeting the standard described above. The FAA finds that
any flight instructor who has trained and endorsed at least five
applicants for a practical test will have given an extensive amount of
flight training that surpasses the 200-hour requirement (or 80 hours in
the case of glider instruction), which the FAA proposes to require in
the other qualification options. Furthermore, the FAA concludes that
the proposed standard of training at least five applicants for a
practical test and having at least 80 percent of those applicants pass
on their first attempt would more adequately measure a flight
instructor's proficiency and instructional ability. For example, rather
than holding a flight instructor certificate for 24 calendar months, a
flight instructor would be required to have a demonstrated record of
success training flight students, which could be attained in the same
or less time (i.e., 24 calendar months). Additionally, that flight
instructor will have attained sufficient experience by providing flight
training to at least five applicants \62\ for a practical test. The FAA
notes that all applicants that the flight instructor has trained and
endorsed in that time period will be counted for the purposes of
calculating the pass rate.\63\
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\61\ 14 CFR 61.195(h)(3).
\62\ It is beneficial for a flight instructor to be exposed to
an array of different applicant's' learning styles and abilities;
therefore, it is understood that the five applicants are five
discrete applicants.
\63\ As an example, suppose a flight instructor began
instructing 18 months ago, and the flight instructor instructed and
endorsed a total of 8 applicants. All 8 applicants' performance on
the practical test would be calculated into the flight instructor's
pass rate. A flight instructor cannot simply choose 5 applicants who
passed out of all applicants instructed and endorsed to calculate in
the flight instructor's pass rate.
---------------------------------------------------------------------------
The third qualification option, in proposed Sec.
61.195(h)(2)(iii), would contain the second proposed alternative to the
24 calendar month experience requirement. Under this qualification
option, a flight instructor may qualify to instruct initial flight
instructor applicants if the flight instructor has given at least 200
hours of flight training as a flight instructor (or 80 hours in the
case of glider instruction) and has graduated from an FAA-approved
FIEQTP conducted under parts 141 or 142.
Prior to taking the FIEQTP, the flight instructor would be required
to have given at least 200 hours of flight training in an airplane,
rotorcraft, or powered-lift (80 hours if training in a glider). The FAA
finds it necessary to require flight instructors to have given a
minimum amount of flight training to ensure the flight instructor has
obtained a sufficient amount of experience flight instructing. For
example, a new flight instructor with no experience would gain little
value from taking only the approved FIEQTP as the new flight instructor
would have no real world experience to inform the training.
Furthermore, the FAA finds that flight instructors who have given at
least 200 hours of flight training as a flight instructor before taking
the FIEQTP would have established a teaching foundation that would
reinforce and contribute to the positive transfer of knowledge and
skills associated with the course. Therefore, before taking the FIEQTP,
the new flight instructor must have acquired hands-on experience during
which the new flight instructor served as a flight instructor in the
aircraft. The experience obtained from providing 200 hours of flight
training (or 80 hours in the case of glider instruction) and the
knowledge and skills acquired from completing the FIEQTP would,
together, prepare and qualify the flight instructor to instruct initial
flight instructor applicants.
The FAA-approved FIEQTP would be required to satisfy the
requirements proposed in Sec. 61.195(h)(3), which are discussed below.
This proposed training program would be focused on developing a flight
instructor's ability to instruct initial flight instructor applicants.
The FAA notes that a person who completes this course would be required
to hold a flight instructor certificate. Therefore, persons who take
this course will have already obtained the training and aeronautical
experience required for and will have already passed the flight
instructor practical test. The FIEQTP is not intended to simply repeat
the foundational training a person receives in preparation for the
flight instructor practical test. The FAA notes that when a person is
training in preparation for the flight instructor practical test, that
person is learning how to teach other pilots how to fly. The intent of
the FIEQTP is to train persons who already hold their flight instructor
certificate how to teach other pilots how to provide instruction.
Therefore, the FIEQTP would be designed to enhance the flight
instructor's instructional ability and to prepare that flight
instructor on how to instruct initial flight instructor applicants how
to flight instruct, not simply how to fly. The specific requirements
for the training program are discussed in the next section.
The FAA notes that a flight instructor who chooses to meet the
qualification method in either Sec. 61.195(h)(2)(i) or (iii) is
required to have given at least 200 hours of flight training if
training for an airplane, helicopter, or powered-lift rating and at
least 80 hours of flight training if training for a glider rating. The
FAA recognizes that flight instructors may hold multiple category and/
or class ratings on their flight instructor certificates. The
provisions in proposed Sec. 61.195(h)(2)(i)(A) and (B), which require
a flight instructor to have given at least 200 hours of flight training
and 80 hours of flight training, respectively, currently exist in Sec.
61.195(h)(2)(iv) and (v). The current provisions, and thus the proposed
provisions, do not expressly require the flight training to have been
given in a specific category and/or class of aircraft.\64\ Instead, the
200-hour and 80-hour requirements are based on experience given as a
flight instructor regardless of the category or class of aircraft in
which the training was provided. Therefore, a flight instructor with
multiple category and/or class ratings on their flight instructor
certificate may use the total hours of flight training given as a
flight instructor to meet the 200-hour requirement in proposed Sec.
61.195(h)(2)(i)(A) and the 80-hour requirement in proposed Sec.
61.195(h)(2)(i)(B).
---------------------------------------------------------------------------
\64\ The FAA notes that many of the FAA's regulations are
category and class specific. If the FAA intended for the flight
instruction given pursuant to Sec. 61.195(h)(2)(iv) and (v) to be
category and class specific, the FAA would have expressly required
that.
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[[Page 32997]]
2. Flight Instructor Enhanced Qualification Training Program (Sec.
61.195(h)(3); Sec. 141.11; Part 141, Appendix K)
As previously mentioned, the FAA proposes a new training program
intended to develop a flight instructor's ability to instruct initial
flight instructor applicants. The FIEQTP would be a standalone course,
which would be submitted to the FAA for review to ensure
standardization and FAA approval.
The FAA proposes to allow pilot schools and training centers
certificated under parts 141 and 142, respectively, to conduct FIEQTP.
Part 141 pilot schools (including part 141 provisional pilot schools)
and part 142 training centers have the structure, systems, and
management personnel required to develop, implement, and maintain FAA-
approved training programs. This structure does not typically exist and
is not required in part 61 training. Furthermore, because the FAA
certificates part 141 pilot schools and part 142 training centers, the
FAA has more oversight of the program. Greater oversight provides
opportunities to observe the effectiveness of an approved training
program and to require amendments to the training program, as needed,
to ensure it achieves the course objectives.
Proposed Sec. 61.195(h)(3) would require the proposed training
program to meet specific ground and flight training requirements.\65\
The FAA proposes to require at least 25 hours of ground instruction on
specific subjects, which are outlined in Sec. 61.195(h)(3)(i)(A)
through (D). The proposed subjects are intended to reinforce the areas
critical to flight instruction while focusing specifically on how to
teach these subjects to initial flight instructor applicants. For
example, a flight instructor would receive ground instruction on flight
instructor responsibilities, functions, lesson planning, and risk
management. The FAA recognizes that flight instructors will have
already received ground instruction on these topics while training in
preparation for the flight instructor practical test. However, the FAA
notes that the training in preparation for the flight instructor
practical test is focused on training pilots, not on training initial
flight instructor applicants. As a result, new flight instructors have
not received specialized training that prepares them to instruct
initial flight instructor applicants. The FIEQTP should reinforce the
subject areas specified in Sec. 61.195(h)(3)(i) to ensure a broader
knowledge and understanding of the concepts, which would develop the
new flight instructor's knowledge, skill, and ability to teach the
concepts to another person. Specifically, the approved course would
teach the instructor how to instruct an initial flight instructor
applicant on these subjects. Furthermore, the flight instructor would
learn enhanced methods, procedures, and techniques that the flight
instructor can use when instructing an initial flight instructor
applicant, including methods to detect deficient knowledge, training,
and performance. At the conclusion of the ground training, each flight
instructor would be required to satisfactorily complete an end-of-
course written test on the ground training subjects in Sec.
61.195(h)(3)(i). The end-of-course written test, proposed in new Sec.
61.195(h)(3)(iii), is intended to evaluate the flight instructor's
knowledge and understanding of the subject areas to determine whether
that flight instructor is deemed qualified to provide ground
instruction to initial flight instructor applicants.
---------------------------------------------------------------------------
\65\ Training provider applicants should focus their program on
a particular aircraft category rating (e.g., flight instructor
airplane, rotorcraft, or glider). Enrollees should seek the
appropriate FIEQTP that corresponds to the aircraft category rating
held on their flight instructor certificate. Enrollees who hold more
than one aircraft category and class, if a class is required, on
their flight instructor certificate need only satisfy one FIEQTP
course for one of the aircraft category and class ratings held on
that person's flight instructor certificate.
---------------------------------------------------------------------------
With respect to flight training, the FIEQTP would be required to
include at least 10 hours of flight training on the specific areas,
which are outlined in Sec. 61.195(h)(3)(ii)(A) through (E). The
proposed flight training is intended to focus on developing the
knowledge, skills, and ability necessary to train someone on how to
provide flight training to an initial flight instructor applicant. For
example, among these proposed tasks, the FAA would require the flight
training to include scenario-based training to develop the flight
instructor's ability to instruct an initial flight instructor applicant
how to satisfactorily perform the procedures and maneuvers while giving
effective flight training. The proposed flight training would also
ensure the flight instructor has sufficient instructional knowledge and
proficiency to teach an initial flight instructor applicant about
abnormal and emergency procedures. For flight training conducted in
airplanes, these procedures would include stall awareness, spin entry,
spins, and spin recovery procedures.
However, the FAA recognizes that flight training in other aircraft,
such as helicopters and powered-lift, would include flight training in
abnormal and emergency procedures specific to the category, class, and
type, if class or type is applicable, of aircraft being flown. The FAA
also finds it necessary to include flight training specific to risk
management and the potential results of improper, untimely, or non-
execution of safety measures. The FAA finds that a sufficient
understanding of these areas, including how to detect improper and
insufficient transfer of instructional knowledge, training, and
performance, is critical to flight training. The flight training would
also train flight instructors how to evaluate initial flight instructor
applicants to detect areas in which the flight instructor applicant
needs more training and to detect any personal characteristics of the
initial flight instructor applicant that could adversely affect safety.
At the conclusion of the flight training, each flight instructor would
be required to satisfactorily complete an end-of-course instructional
proficiency flight test on the flight areas in Sec. 61.195(h)(3)(ii).
Similar to the end-of-course written test, the proficiency test, which
is also proposed in new Sec. 61.195(h)(3)(iii), is intended to
evaluate whether the flight instructor has acquired the necessary
skills to provide flight training to initial flight instructor
applicants.
The proposed ground subjects and flight tasks outlined in Sec.
61.195(h)(3)(i) and (ii) are intended to be broad areas of instruction
to give the FAA and industry flexibility in the development of an
approved FIEQTP. The FAA proposes to publish an advisory circular to
accompany the ground and flight training requirements of Sec.
61.195(h)(3). This proposed advisory circular would provide guidance to
part 141 pilot schools and part 142 training centers to assist these
certificated entities in developing approved training programs that
satisfy the requirements of Sec. 61.195(h)(3). A copy of this proposed
advisory circular has been placed in the docket for this rulemaking.
The FAA finds that requiring the training program to include 25
hours of ground training and 10 hours of flight training would ensure
standardization among the training programs. It would also ensure that
each student receives the necessary amount of training and experience
in the subjects and tasks that are critical to flight instructing
initial flight instructor applicants. The FAA has determined it would
take 25 hours of ground instruction for a flight instructor to acquire
a sufficient understanding of the subject areas specified in Sec.
61.195(h)(3)(i). Similarly, the FAA has determined it would take 10
hours of flight training on the tasks
[[Page 32998]]
identified in Sec. 61.195(h)(3)(ii) for a flight instructor to develop
the skills and knowledge necessary to instruct an initial flight
instructor applicant.
The FAA proposes to add Sec. 61.195(h)(3)(iv) to allow the flight
training to be completed in either a full flight simulator (FFS) or
flight training device (FTD). Consistent with the current requirements
of Sec. Sec. 61.4, 141.41, and 142.59, proposed Sec. 61.195(h)(3)(iv)
would require the FFS or FTD to be qualified and maintained in
accordance with part 60 (or be a previously qualified device) \66\ and
be approved for the tasks and maneuvers. The FAA notes that the pilot
schools and training centers certificated under parts 141 and 142,
respectively, would also be required to comply with any additional FFS
or FTD requirements contained in the part under which the FAA-approved
course is conducted.\67\ The proposal would allow the entirety of
flight training specified in Sec. 61.195(h)(3)(ii) to be conducted in
an FSTD because FSTDs are evaluated and qualified to meet standards of
fidelity to the actual performance of an aircraft.
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\66\ The requirements for previously qualified FSTDs are
contained in 14 CFR 60.17.
\67\ See 14 CFR 141.41 and 142.59.
---------------------------------------------------------------------------
In addition, the FAA proposes to add Sec. 61.195(h)(3)(v) to allow
a person to use up to 5 hours of training received in an advanced
aviation training device (AATD) to meet the flight training
requirements of Sec. 61.195(h)(3)(ii) for part 141 schools.\68\
Aviation training devices (ATDs) consist of basic aviation training
devices (BATDs) and AATDs.\69\ The flight training specified in Sec.
61.195(h)(3)(ii) should be conducted in a realistic aircraft flight
deck. The design features of the AATD provide a more adequate training
platform for both procedural and operational performance tasks specific
to the FIEQTP flight training requirements than those of a BATD flight
deck layout. The FAA is, therefore, proposing to allow a person to
credit a portion of the flight training specified in Sec.
61.195(h)(3)(ii) in an AATD, which utilizes enhanced aircraft flight
deck design, ergonomic features, and performance characteristics beyond
those of the BATD. The proposal would limit the amount of flight
training in an AATD to a maximum of 5 hours because, unlike FSTDs, the
FAA does not evaluate and qualify AATDs to meet standards of fidelity
to the actual performance of an aircraft. Proposed Sec.
61.195(h)(3)(v) would require the AATD to be approved by the
Administrator pursuant to Sec. 61.4(c), which will be designated by
the AATD's letter of authorization, including any conditions and
limitations of such. In addition, the pilot schools certificated under
part 141 would be required to use the AATD in accordance with the
requirements in part 141.
---------------------------------------------------------------------------
\68\ Part 142 does not currently contemplate the use of ATDs in
training centers. See Sec. 142.59.
\69\ See AC 61-136, as revised, ``FAA Approval of Aviation
Training Devices and Their Uses for Training and Experience''
(providing information and guidance for ATD manufacturers seeking
FAA approval of AATDs and BATDs and for persons seeking to use a
BATD or AATD for certain activities involving pilot training and
experience).
---------------------------------------------------------------------------
Instructors who teach initial flight instructor applicants are
required to attain a higher level of qualification to do so. Likewise,
those individuals teaching the FIEQTP should be qualified at a higher
level than the minimum qualifications required to be an instructor for
a part 141 pilot school or part 142 training center. Therefore, the FAA
proposes three qualification groups to be eligible to be an instructor
of the FIEQTP, proposed in new Sec. 61.195(h)(3)(vi). The first two
include serving as a chief instructor or assistant chief instructor in
a part 141 pilot school or serving as a training center program manager
or assistant training center program manager of a part 142 training
center. Additionally, the FAA recognizes that a flight instructor may
hold the qualifications to be a chief instructor and/or assistant chief
instructor but may not hold the title for reasons unrelated to their
instruction abilities. Therefore, the FAA proposes to permit those
instructors who meet at least the qualifications of an assistant chief
instructor, pursuant to Sec. 141.36(d), to teach the course.
Finally, the FAA is proposing Sec. 61.195(h)(3)(vii) to require
part 141 pilot schools or part 142 training centers to issue a
graduation certificate to each flight instructor who successfully
completes the FIEQTP. The FAA notes that the requirement to issue a
graduation certificate to each student who completes an approved course
of training already exists in Sec. 141.95 for part 141 pilot schools.
However, a corresponding requirement does not exist in part 142.
Therefore, the FAA seeks to ensure all flight instructor applicants who
successfully complete the FIEQTP receive a graduation certificate to
show eligibility to instruct initial flight instructor applicants,
regardless of whether the program is conducted under part 141 or part
142.
To allow part 141 pilot schools to provide the FIEQTP, the FAA
proposes to revise Sec. 141.11 by adding the training program to the
list of special preparation courses in Sec. 141.11(b)(2). The FAA also
proposes to add the new training program to appendix K of part 141,
which prescribes the minimum curriculum for the special preparation
courses listed in Sec. 141.11.
During the course of this rulemaking, the FAA identified an
unintentional omission that it proposes to correct in Sec. 141.11.
Specifically, in 2011 \70\ the FAA added appendix M to part 141, which
prescribes the minimum curriculum for a combined private pilot
certification and instrument rating course required under this part for
airplane single-engine, airplane multiengine, rotorcraft helicopter,
and powered-lift ratings. However, while appendix M was adopted into
part 141, the course was not added to the list of pilot school ratings
that may be issued to an applicant for a pilot school certificate or
provisional pilot school certificate in Sec. 141.11. Therefore, the
FAA proposes to correct this omission by adding new Sec. 141.11(b)(4).
This is simply a correctional amendment to part 141 and does not add
additional requirements upon pilot schools or provisional pilot
schools.
---------------------------------------------------------------------------
\70\ Final Rule, Pilot in Command Proficiency Check and Other
Changes to the Pilot and Pilot School Certification Rules, Aug. 31,
2009 (74 FR 44779).
---------------------------------------------------------------------------
Appendix K of part 141 contains limitations for special preparation
courses utilizing FFSs and FTDs that are more restrictive than Sec.
61.195(h)(3)(iv) and (v) permit. Specifically, paragraph 4.(b) of
appendix K provides that an FFS may only be credited for a maximum of
10% of the total flight training hour requirements of the approved
course, and paragraph 4.(c) provides that an FTD may be credited for a
maximum of 5 percent of the total flight training hour requirements of
the approved course. However, proposed Sec. 61.195(h)(3)(iv) permits
all flight training hours to occur in an FFS and 5 hours of flight
training to occur in an FTD. Therefore, to eliminate the conflict
between the provisions, paragraph 4.(b) is revised to except the FIEQTP
from the FFS credit limitations of appendix K, and paragraph 4.(c) is
revised to except the FIEQTP from the FTD credit limitations of
appendix K.
Additionally, part 141 prescribes the circumstances under which
ATDs may be utilized for flight training credit. However, appendix K of
part 141 only contemplates the use of an FFS and an FTD for special
preparation flight training, not an ATD. Because an AATD
[[Page 32999]]
may be used in flight training for FIEQTPs, the FAA proposes to revise
appendix K, paragraph 4. Specifically, paragraph 4.(a) would include a
provision that only permits an FIEQTP to utilize AATDs in accordance
with appendix K, paragraph 14, and Sec. 61.195(h)(3)(v). The FAA
emphasizes that this allowance of flight training in ATDs will not be
expanded to other appendix K special preparation courses in this
proposal.
The FAA notes that no change is needed to allow part 142 training
centers to provide the FIEQTP because the applicability provision in
part 142 permits part 142 training centers to provide training required
by 14 CFR part 61. The FAA recognizes that part 142 training centers
generally provide training under part 61 for pilots seeking type
ratings in specific turbine and heavy turbine aircraft and training for
pilots serving part 119 certificate holders as part of commercial
operator and air carrier training programs. Unlike part 141 pilot
schools that conduct flight training in light aircraft, part 142
training centers largely conduct flight training on the ground in FFSs
and FTDs qualified under part 60.
Because no change is needed to allow part 142 training centers to
provide the FIEQTP, the FAA included part 142 training centers in this
proposed provision. Additionally, inclusion of part 142 training
centers in this provision provides greater regulatory flexibility. The
FAA notes, however, that although instructors at part 142 training
centers may hold part 61 flight instructor certificates, they are not
necessary for training provided at a part 142 training center. Rather,
instructors at training centers must meet the training requirements
specific to part 142.
IV. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. 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. 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
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $165,000,000, using the
most current (2021) Implicit Price Deflator for the Gross Domestic
Product. This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this NPRM.
In conducting these analyses, the FAA has determined that this
NPRM: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; will not have a significant economic
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector. These analyses are summarized
below.
A. Regulatory Evaluation
The FAA proposes to amend part 61 of title 14 of the Code of
Federal Regulations by (1) removing the expiration date on the flight
instructor certificate; (2) allowing flight instructors whose recent
experience has lapsed by no more than three calendar months to
reinstate their flight instructor privileges by taking a FIRC; (3)
identifying an FAA-sponsored pilot proficiency program (e.g., WINGS--
FAA Pilot Proficiency Program) as an additional method for a flight
instructor to meet recent experience requirements; (4) revising the
qualifications for flight instructors seeking to train initial flight
instructor applicants under 14 CFR 61.195(h)(2), and (5) codifying SFAR
No. 100-2.
1. Removing the Expiration Date on the Flight Instructor Certificate
Currently, a flight instructor certificate expires 24 calendar
months from the month in which the FAA issued, renewed, or reinstated
that certificate. The FAA is proposing to remove the expiration date
from the flight instructor certificate, which would eliminate the need
to renew that certificate prior to its expiration date by passing a
practical test or by submitting a completed and signed application with
the FAA and satisfactorily completing one of the currently enumerated
renewal requirements. Under this proposal, these current renewal
requirements would become recent experience requirements. Consequently,
the FAA would no longer have to create a new physical flight instructor
certificate upon each applicant's recent experience cycle after that
person receives their permanent certificate without an expiration date.
To estimate the cost savings associated with removing the
expiration date from flight instructor certificates, the FAA begins
with estimating the baseline number of certificates and associated
costs avoided. The FAA estimates that from 2013 to 2021 the number of
initial flight instructor certificates grew from 2,348 to 6,199 (i.e.,
the average annual growth rate from 2013 to 2021 was 12.90 percent).
Using this 12.90 percent annual growth rate, the FAA forecasts the
initial flight instructor certificates over the next five years.
Similarly, the FAA estimates that from 2013 to 2021, the number of
flight instructor certificate renewals grew from 41,467 to 54,189
(i.e., the average annual growth rate from 2013 to 2021 was 3.40
percent). Using this 3.40 percent annual growth rate, the FAA forecasts
the flight instructor certificate renewals over the next five years.
The FAA determined the cost of issuing the physical flight
instructor certificates by estimating the mean labor cost for the
applicants that complete and submit FAA Form 8710 applications.\71\ The
FAA finds that the variety of people with various pay levels that work
on issuing flight instructor certificates are classified using the May
2021 North American Industry Classification System under NAICS code
\72\ 481200, ``Nonscheduled Air transportation.'' \73\ Therefore, the
FAA starts with a base hourly wage of $44.27 that is assumed to be
representative of pilots and representative occupations. The FAA then
applies the appropriate multipliers for overhead (this includes health
benefits, vacation, sick time, etc.). More specifically, the FAA
increases the base hourly rate by 42.25%, which is based on the percent
of total compensation for transportation employees,\74\ resulting in a
fully
[[Page 33000]]
burdened wage rate of approximately $62.97/hour. The time to produce
each flight instructor certificate is estimated at 0.1 hours.\75\
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\71\ This includes FAA Form 8710-1, Airman Certificate and/or
Rating Application and Form FAA 8710-11, Airman Certificate and/or
Rating application--Sport Pilot.
\72\ The NAICS code is the standard used by Federal statistical
agencies in classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data related to
the U.S. business economy.
\73\ U.S. Bureau of Labor Statistics, NAICS 481200--Nonscheduled
Air Transportation. https://www.bls.gov/oes/current/naics4_481200.htm.
\74\ Percent of total compensation = 29.7%. Source: Bureau of
Labor Statistics News Release. Employer Costs for Employee
Compensation--December 2020. Employer Costs for Employee
Compensation Archived News Releases: U.S. Bureau of Labor Statistics
(bls.gov).
\75\ Source: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.
---------------------------------------------------------------------------
Using the preceding information, the FAA estimates that during the
first five years, the cost savings will be approximately $2.3 million
or $1.9 million present value at a 7 percent discount rate, with
annualized savings of $452 thousand. The results are presented in Table
1.
Table 1--Total Industry Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time to
Initial flight Flight Average process each
Year instructor instructor wage per flight Cost Present
(forecast) renewals hour instructor savings value at 7%
(forecast) (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................................................ 7,902 57,938 $62.97 0.1 $414,594 $387,471
2................................................................ 8,921 59,909 62.97 0.1 433,423 378,568
3................................................................ 10,072 61,946 62.97 0.1 453,497 370,189
4................................................................ 11,372 64,053 62.97 0.1 474,951 362,338
5................................................................ 12,839 66,232 62.97 0.1 497,910 355,003
1-5.............................................................. 51,106 310,078 ........... .............. 2,274,376 1,853,569
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 12.90 percent per year; (ii) Flight instructor renewal forecast based on historic
rate of 3.40 percent per year; and (iii) estimates may not total due to rounding.
Using the initial flight instructor certificates forecast and the
flight instructor certificate renewals forecast, the FAA estimates the
costs savings to the Federal Government. The FAA determined the cost of
issuing physical airman certificates by estimating the mean labor cost
for clerks. The FAA estimates the salaries for the clerks based on the
2022 General Schedule Locality Pay Tables using the Rest of the United
States locality pay multiplier. The FAA uses 36.25 percent to calculate
the overhead benefits multiplier. The total salary, including overhead,
is $84,508 ($40.49 per hour). The time to produce each flight
instructor certificate is estimated at 0.1 hours.\76\ Using this
information, the FAA estimates that during the first five years, the
FAA cost savings will be approximately $1.5 million or $1.2 million
present value at a 7 percent discount rate, with annualized savings of
$291 thousand. The results are presented in Table 2.
---------------------------------------------------------------------------
\76\ Source: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.
Table 2--Total FAA Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time to
Initial flight Flight Average process each
Year instructor instructor wage per flight Cost Present
(forecast) renewals hour instructor savings value at 7%
(forecast) (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................................................ 7,902 57,938 $40.49 0.1 $266,586 $249,146
2................................................................ 8,921 59,909 40.49 0.1 278,693 243,421
3................................................................ 10,072 61,946 40.49 0.1 291,601 238,033
4................................................................ 11,372 64,053 40.49 0.1 305,396 232,985
5................................................................ 12,839 66,232 40.49 0.1 320,158 228,269
1-5.............................................................. 51,106 310,078 ........... .............. 1,462,434 1,191,854
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 12.90 percent per year; (ii) Flight instructor renewal forecast based on historic
rate of 3.40 percent per year; and (iii) estimates may not total due to rounding.
2. Flight Instructor Refresher Course
Allowing flight instructors whose recent experience has lapsed by
no more than three calendar months to reinstate flight instructor
privileges by taking a FIRC would result in cost savings for flight
instructors. Under the current rule, flight instructor applicants
typically incur the costs of taking a practical test. This expenditure
generally includes the applicant's time for the test--which consists of
the oral testing segment on the ground (about 2 hours) and the flight
test segment (about 2-3 hours), the cost of a designated examiner to
conduct the test,\77\ and the aircraft operational or rental costs \78\
incurred while taking the test. Therefore, a practical test to
reinstate a flight instructor certificate can cost anywhere from about
$800 to thousands of dollars when a rental aircraft is used for the
practical test. Conversely, the cost of an online FIRC may be provided
free of charge or as much as $275 for a live classroom FIRC.\79\
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\77\ According to the Airmen Certification and Training Branch
of Flight Standards Service, this cost can range from about $500 to
$1,000.
\78\ One of the most popular aircraft, the Cessna 172 airplane,
(four seat/single four-cylinder engine) rents from about $120/hour
to $220/hour wet (with fuel and oil), depending on its age and
equipment. Helicopters generally cost more to rent than comparable
airplane sizes, e.g., a Robinson R22 (popular two seat four cylinder
piston single engine) typically rents wet for upwards of $200/hour
range. The R44 (popular four seat six cylinder single engine) rents
wet for typically from $450 on up. For example, at JJ Helicopter
Inc., rentals are $310/hour for a Robinson R22 helicopter and $530/
hour for Robinson R44 helicopter. Additional cost may include the
time and cost for the aircraft and flight instructor (the
instructor's fee, typically $30-$60 per hour), and for an insurance
checkout to meet insurance company requirements to rent the
aircraft.
\79\ AceCFI (https://www.acecfi.com/) and American Flyers
(https://americanflyers.com/training/firc-for-life/) offer free
online FIRCs after a $159.00 and $99.00, respectively, onetime
payment. Thereafter, that flight instructor may renew their flight
instructor certificate free-of-charge with that online provider once
every two years for life.
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To estimate the cost savings associated with taking a FIRC instead
of a practical test, the FAA forecasts that on average 84 flight
instructors would reinstate their flight instructor certificate within
the first three month period from the expiration of their
[[Page 33001]]
certificate by completing a FIRC.\80\ The FAA determined the difference
in cost between taking a practical test and taking a FIRC as
$2,668.\81\ Therefore, the FAA estimates that during the first five
years, the cost savings will be approximately $1.1 million or $0.9
million present value at a 7 percent discount rate, with annualized
savings of $223 thousand. The results are presented in Table 3.
---------------------------------------------------------------------------
\80\ Flight Instructors that reinstated their flight instructor
certificate within the first three month period from the expiration
of their certificate: 2019 = 92, 2020 = 79, 2021 = 80. Source:
Federal Aviation Administration Airmen Certification Branch (AFB-
720). Received data on January 06, 2023.
\81\ Difference in cost between taking a practical test and
taking a FIRC = $2,805-$137.50 = $2,667.5
Average cost of taking a flight instructor reinstatement
practical test: $2,805. Assumptions for the practical test:
Airplane (CE-172), not Helicopter or other category
aircraft.
Airplane rental for training in preparation for the
practical test = 6 hours x $170 = $1,020.
Prep time for test with another CFI = 6 hours with a
CFI = $45 average = $270 prep time.
Airplane rental to and from test = 2 x $170 = $340.
Airplane rental for the flight test (2-3 hours = 2.5
hour flight test)-Average cost wet @$170 = $425.
Designated examiner fee to conduct the test average =
$750.
Note: This example reflects the most common reinstatement by
practical test. However, each individual has different
circumstances.
Average cost for taking a FIRC = $137.5 (average of $0 to $275 =
$137.50).
Table 3--Total Flight Instructor Refresher Course Cost Savings
----------------------------------------------------------------------------------------------------------------
Flight
instructors that
will reinstate
their flight
instructor Cost of
certificate practical test Present value
Year within the first minus cost of Cost savings at 7%
three month FIRC
period from the
expiration of
their certificate
(forecast)
----------------------------------------------------------------------------------------------------------------
1............................................ 84 $2,668 $223,181 $208,580
2............................................ 84 2,668 223,181 194,935
3............................................ 84 2,668 223,181 182,182
4............................................ 84 2,668 223,181 170,264
5............................................ 84 2,668 223,181 159,125
1-5.......................................... 418 .............. 1,115,904 915,086
----------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.
The FAA estimates that during the first five years, the combined
cost savings (industry + FAA) will be approximately $4.9 million or
$4.0 million present value at a 7 percent discount rate, with
annualized savings of $966 thousand. The results are presented in Table
4.
Table 4--Total Cost Savings for the Industry and the FAA
----------------------------------------------------------------------------------------------------------------
Present value
Impact Cost savings at 7% Annualized
----------------------------------------------------------------------------------------------------------------
Industry........................................................ $3,390,280 $2,768,655 $675,249
FAA............................................................. 1,462,434 1,191,854 290,682
-----------------------------------------------
Total....................................................... 4,852,714 3,960,509 965,931
----------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.
3. FAA-Sponsored Pilot Proficiency Programs
This new section would add the FAA-sponsored pilot proficiency
programs as a method to establish recent experience under Sec.
61.197(a) and would codify the FAA's current practice of permitting
flight instructors to use the WINGS Program to satisfy Sec. 61.197.
Codifying FAA-sponsored pilot proficiency programs to allow flight
instructors an additional method to renew their certificates is
essentially an enabling provision for flight instructors, which was
triggered by the need to provide a regulatory basis for a policy that
has allowed flight instructors to renew their certificate by means of
the WINGS program.
4. Revising Flight Instructor Qualifications Under 14 CFR 61.195(h)(2)
Currently, prior to instructing initial flight instructor
applicants, a flight instructor must have held their flight instructor
certificate for at least 24 calendar months and have given a requisite
number of hours of flight training. This NPRM proposes two additional
options for a flight instructor to qualify to instruct initial flight
instructor applicants. Under the proposal, flight instructors would
have the option to qualify by training and endorsing at least five
applicants for a practical test for a pilot certificate or rating, with
at least 80 percent of those applicants passing the test on their first
attempt. As another option, flight instructors could complete an FAA-
approved FIEQTP and give a requisite number of hours of flight
training. These two proposed qualification options would allow flight
instructors to be eligible to instruct initial flight instructor
applicants sooner than 24 calendar months. This provision would provide
additional flexibility to instructors and, thus, the FAA assumes it
would provide a small cost savings.\82\
---------------------------------------------------------------------------
\82\ Section 61.195(h)(2)(iii) currently requires a flight
instructor seeking to instruct an initial flight instructor
applicant to have held their flight instructor certificate for at
least 24 months.
---------------------------------------------------------------------------
[[Page 33002]]
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980, (Pub. L. 96-354, 94
Stat. 1164, 5 U.S.C. 601-612), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat.
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L.
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Most of the parties affected by this
proposed rule will be small businesses such as flight instructors,
aeronautical universities, FAA designated pilot examiners, parts 61 and
141 flight schools, and part 142 training centers. There are over
121,000 \83\ flight instructors alone.
---------------------------------------------------------------------------
\83\ https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/media/2021-civil-airmen-stats.xlsx.
---------------------------------------------------------------------------
Therefore, this proposed rule will affect a substantial number of
small entities. However, it does not impose costs net of cost savings.
This proposed rule is expected to provide cost savings of over $3
million present value at 7 percent during the first 5 years.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this proposed rule would not result in a significant
economic impact on a substantial number of small entities, as it
imposes no new costs net of cost savings.
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, no
effect on international trade.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165,000,000 or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) (PRA)
requires that the FAA consider the impact of paperwork and other
information collection burdens imposed on the public.\84\ The FAA has
determined that there will be a new requirement for information
collection associated with this proposed rule for the FIEQTP. As
required by the PRA, the FAA has submitted this proposed information
collection request to OMB for its review. The new information
collection would be entitled Flight Instructor Enhanced Qualification
Training Program (FIEQTP): Preparation and Approval. The following
discussion provides details on this information collection requirement.
---------------------------------------------------------------------------
\84\ The FAA made changes to FAA Forms 8710-1, Airman
Certificate And/or Rating Application, and 8710-11, Airman
Certificate and/or Rating Application--Sport Pilot, that currently
have collection approval detailed in section III.A.2 of this
preamble. The FAA has determined that these changes are de minimis
in nature and do not impose any additional burdens such that no
revision to the currently approved information collection is needed.
---------------------------------------------------------------------------
Summary: The proposed rule would amend the qualification
requirements for flight instructors seeking to provide flight training
to initial flight instructor applicants by adding an option for flight
instructors under part 61 to complete an approved FIEQTP that would
develop the flight instructor's instructional ability. Participation in
this new training program would not be mandatory; instead, it would be
one option to become qualified to instruct initial flight instructor
applicants. Any part 141 pilot school or part 142 training center
wishing to offer the new training program would be required to submit
the curriculum to the FAA for approval.
The proposed rule would benefit part 141 pilot schools and part 142
training centers by enabling them to use staff flight instructors \85\
who successfully complete this course to provide training to initial
flight instructor applicants enrolled in their own pilot flight
programs.
---------------------------------------------------------------------------
\85\ Proposed Sec. 61.195(h)(3)(vi) would prescribe specific
qualifications for instructors in addition to the requirements
provided by each respective part (i.e., part 141 and part 142), as
applicable.
---------------------------------------------------------------------------
Use of: The proposed information collected for the FIEQTP would
ensure flight instructors seeking to provide flight training to initial
flight instructor applicants are adequately trained in the knowledge
and skills of the intricacies of providing flight training to initial
flight instructor applicants. The requirement to submit the FIEQTP
curriculum to the FAA for approval ensures that the FIEQTP meets the
regulatory requirements of such program and provides greater oversight
of the training programs to ensure consistency of both course and
instructional quality among pilot schools and training centers.
Burden Estimate: At the time of writing, FAA records show 546
active part 141 pilot schools and 50 active part 142 training
centers.\86\ The FAA estimates that 25 percent of these pilot schools
and training centers would take advantage of the provision in this
proposed rule that would trigger an estimated 149 responses to this new
information collection for Sec. 61.195(h)(3). Therefore, in the first
year, the FAA estimates that about 136.50 pilot schools and 12.50
training centers would submit a training program for approval for a
total of about 149 respondents in the first year. Further, the FAA
estimates that the development of each FIEQTP would take approximately
80 hours and that the task would be performed by the pilot school's or
training center's chief flight instructor. The Bureau of Labor
Statistics estimates that the mean annual salary for a chief flight
instructor is $92,040, from which the FAA estimates an average wage of
$44.25 per hour.\87\ This wage was obtained using the North American
Industry Classification System (NAICS) industry code 53-2010 designate
for aircraft pilots and flight engineers. This wage
[[Page 33003]]
estimate was derived by dividing $92,040 by 2,080 hours (assuming a 40-
hour work week for 52 weeks), which is $44.25 per hour. Next, a fringe
benefit multiplier 1.42 was included. This results in an annual salary
of $130,553 and hourly wage of $62.77.\88\ This would result in a
first-year burden of about 11,920 hours and about $748,218 ((136.50
pilot schools +12.50 training centers) x 80 hours x $62.77) for
affected pilot schools and training centers to prepare and submit new
training programs.
---------------------------------------------------------------------------
\86\ The FAA obtained a list of active part 141 pilot schools
and a list of active part 142 training centers from the WebOPSS
system on Mar. 9, 2022.
\87\ The code was determined to be the appropriate code as the
NAICS code for training and development specialists states ``flight
instructors are included with ``Aircraft Pilots and Flight
Engineers'' (53-2010)''. Source: https://www.bls.gov/oes/current/oes131151.htm.
\88\ Percent of total compensation = 29.5%. Source: Bureau of
Labor Statistics News Release. Employer Costs for Employee
Compensation--March 2022. Employer Costs for Employee Compensation
Archived News Releases: U.S. Bureau of Labor Statistics (bls.gov).
Table 4--Industry Salary Including Overhead
----------------------------------------------------------------------------------------------------------------
Job category Annual wage Multiplier Total Hourly wage
----------------------------------------------------------------------------------------------------------------
Chief Flight Instructor......................... \(1)\ $92,040 \(2)\ 1.42 $130,553 \(3)\ $62.77
----------------------------------------------------------------------------------------------------------------
Sources:
(1) NAICS Code (53-2010). https://www.bls.gov/oes/current/oes131151.htm.
(2) Overhead benefit percent of total compensation = 29.5%. https://www.bls.gov/bls/news-release/ecec.htm.
(3) Using 2,080 working hours in one year.
For subsequent years, the FAA assumes a growth rate of one percent
for both pilot schools and training centers. The FAA estimates that 25
percent of those institutions would submit FIEQTP to the FAA for
approval, resulting in approximately 1.49 new respondents and an
additional burden of about 119 hours and $7,482 in subsequent years.
The FAA also estimates that each year at least 50 percent of the pilot
schools and training centers that provide the FIEQTP curriculum would
require at least one revision to address any updates or deficiencies
identified by the FAA, pilot school, or training center. As a result,
the FAA estimates the total annual burden to pilot schools and training
centers of submissions, including growth and revisions, at 4,806 hours
and $301,652.
The FAA reviewed the number of initial flight instructors
certificated in the previous three years, which was reported as: 2021
(6,199), 2020 (6,237), and 2019 (5,945) equaling a total of 18,381
newly certificated flight instructors. Using the most recent year of
these newly certificated flight instructors, the FAA estimates 6,199
student records would be generated in the first year. The FAA further
assumes that 25 percent of the students would enroll in a FIEQTP
regardless of other alternatives. The FAA, therefore, estimates that
1,550 students \89\ would enroll in a FIEQTP in the first year. The FAA
further estimates that the student-population growth rate would be 0.6
percent.\90\ In addition, the FAA estimates each record would require
five minutes of processing time and that recordkeeping functions would
be the responsibility of the chief flight instructor. This would result
in an annual recordkeeping burden of 43 hours and $2,724.
---------------------------------------------------------------------------
\89\ 6,199 x 25% = 1,550 students.
\90\ Source: FAA Airman Certification Branch.
---------------------------------------------------------------------------
The annual industry burden and cost of this information requirement
for plan submission and revision and student recordkeeping is about
4,849 hours and $304,376.
Table 5--Industry FIEQTP Development and Revision Burden and Costs (Information used for Estimates)
----------------------------------------------------------------------------------------------------------------
Category Element Estimate
----------------------------------------------------------------------------------------------------------------
Pilot Schools........................ Number of pilot schools...... 546
Portion of pilot schools 25%
affected.
Number of pilot schools (546 x 0.25 =) 136.50
affected.
Growth rate of pilot schools. 1%
Number of training centers... 50
Training Centers..................... Portion of training centers 25%
affected.
Number of training centers (50 x 0.25 =) 12.50
affected.
Growth rate of training 1%
centers.
FIEQTP............................... Time needed to develop and 80 hours
submit original.
Time for revisions........... 10 hours
Percent revisions per year... 50% \91\
Wage Rate............................ Chief flight instructor...... $62.77 \92\
----------------------------------------------------------------------------------------------------------------
The FAA estimates the annual burden and cost to the Federal
Government for the review and authorization of the FIEQTP would be
2,842 hours and $231,504. This burden and cost was determined by
estimating the time required for FAA personnel to review FIEQTP
curriculums and authorize an applicant's program through the issuance
of an approval letter. The FAA estimates FAA aviation safety inspectors
(ASIs) would spend 40 hours on each review and 10 hours on each
revision. Additionally, FAA clerks would spend 30 minutes on issuance
of an approval letter. The FAA estimates the salaries for the ASIs and
clerks based on the 2022 General Schedule Locality Pay Tables using the
Rest of the United States locality pay multiplier. The FAA uses 36.25
percent to calculate the overhead benefits multiplier. The total
salary, including overhead, is $172,206 ($82.51 per hour) for ASIs and
$84,508 ($40.49 per hour) for clerks. The analysis uses the same number
of responses estimated for industry FIEQTP submission and revision to
estimate the burden and cost to the FAA of reviews and approvals.
---------------------------------------------------------------------------
\91\ Estimated as 50% of the total affected pilot schools and
training centers per year adjusted for growth.
\92\ Data obtained from NAICS code 53-2010 from BLS data
website: https://www.bls.gov/oes/current/naics4_611500.htm#25-0000.
Accessed April 4, 2022. Hourly wage calculated by dividing the
annual mean wage of $92,040 by 2,080 hours.
[[Page 33004]]
Table 6--FAA Salaries Including Overhead
------------------------------------------------------------------------
Aviation
Job category safety Clerk
inspector
------------------------------------------------------------------------
Grade and Step.......................... GS-14 Step 5 GS-9 Step 5
Annual Base Salary...................... \(1)\ $108,769 \(1)\ $53,377
Locality Multiplier..................... \(2)\ 1.162 \(2)\ 1.162
Salary Adjusted by Locality Pay......... $126,390 $62,024
Overhead Benefit Multiplier............. \(3)\ 1.3625 \(3)\ 1.3625
Salary including Overhead............... $172,206 $84,508
Hourly Wage............................. \(4)\ $82.51 \(4)\ $40.49
------------------------------------------------------------------------
Sources:
\(1)\ 2022 General Schedule Pay. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/general-schedule/.
\(2)\ FAA locality rate for the Rest of the United States.
\(3)\ https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf.
\(4)\ Using 2,087 working hours in one year.
The combined (industry + FAA) annual burden and cost is 7,691 hours
and $536,236. The following provides additional detail of response,
burden, and cost estimates to industry and the FAA (some estimates may
not exactly total due to rounding).
Table 7--Annual Burden and Costs for the Industry and the FAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Burden hours
Category Total Hours per -------------------------------------------------------- Costs
responses response Reporting Recordkeeping Disclosure Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry:
61.195(h)(3).............................................
Development Cost--Pilot Schools...................... 46.41 80 3,713 ............... ........... 3,713 $233,075
Development Cost--Training Centers................... 4.25 80 340 ............... ........... 340 21,344
Cost--Revisions...................................... 75.25 10 752 ............... ........... 752 47,233
Industry Recordkeeping Costs......................... 522.80 0.083 ........... 43 ........... 43 2,724
----------------------------------------------------------------------------------------------
Total Industry Costs for 61.195(h)(3)............ ........... ........... 4,806 43 0 4,849 304,376
FAA:
61.195(h)(3).............................................
Review cost of FIEQTP curriculums.................... 50.66 40 2,027 ............... ........... 2,027 167,222
Revision cost of FIEQTP curriculums.................. 75.25 10 752 ............... ........... 752 62,089
Cost of issuing approval letter...................... 125.91 0.5 63 ............... ........... 63 2,549
----------------------------------------------------------------------------------------------
Total FAA Costs for 61.195(h)(3)................. ........... ........... 2,842 0 0 2,842 231,861
----------------------------------------------------------------------------------------------
Total Industry and FAA Costs for 61.195(h)(3).... ........... ........... 7,648 43 0 7,691 $536,236
--------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not add to row or column totals due to rounding.
Finally, proposed Sec. 61.195(h)(3)(vii) would require part 141
pilot schools and part 142 training centers to issue a graduation
certificate to each flight instructor who successfully completes the
FIEQTP. While part 141 already requires pilot schools to issue a
graduation certificate to each student who completes an approved course
of training,\93\ this will be a new requirement for part 142 training
centers, and only required for training centers in the context of
FIEQTPs. The FAA does not know how many part 141 pilot schools or how
many part 142 training centers would choose to provide the FIEQTP
course. Additionally, the FAA does not know how many flight instructors
would seek to attend this course at a part 141 pilot school, which is
already required to issue a graduation certificate; or how many flight
instructors would seek to attend this course at a part 142 training
center, which are not currently required to issue graduation
certificates. Therefore, the FAA is unable to quantify the costs to
provide a graduation certificate. The FAA requests comments regarding
the number of newly certificated flight instructors for part 142
training centers and requests that all comments be accompanied with
clear documentation. The FAA may quantify these costs in the final
rule.
---------------------------------------------------------------------------
\93\ See Sec. 141.95.
---------------------------------------------------------------------------
Public Comments: 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
[[Page 33005]]
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 June 22, 2023. 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 Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed 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 5-6.6 for regulations and involves no
extraordinary circumstances.
V. 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 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\94\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\95\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------
\94\ 65 FR 67249 (Nov. 6, 2000).
\95\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
C. 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. 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.
D. Executive Order 13609, International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, 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.
VI. How To Obtain 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 submit only one time if comments
are filed electronically or commenters should send only one copy of
written comments if comments are filed in writing.
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 FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.
[[Page 33006]]
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.
Interested persons must identify the docket or notice number of this
rulemaking.
D. Small Business Regulatory Enforcement Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulmaking/sbre_act/.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Teachers.
14 CFR Part 63
Aircraft, Airman, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 65
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
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; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 318 Pub. L.
115-254.
Special Federal Aviation Regulation No. 100-2 [Removed]
0
2. Remove Special Federal Aviation Regulation No. 100-2 from part 61.
0
3. Amend Sec. 61.2 by revising paragraphs (b)(1) and (2) to read as
follows:
Sec. 61.2 Exercise of Privilege.
* * * * *
(b) * * *
(1) Exercise privileges of an airman certificate, rating,
endorsement, or authorization issued under this part unless that person
meets the appropriate airman recent experience and medical requirements
of this part, specific to the operation or activity.
(2) Exercise privileges of a foreign pilot license within the
United States to conduct an operation described in Sec. 61.3(b),
unless that person meets the appropriate airman recent experience and
medical requirements of the country that issued the license, specific
to the operation.
0
4. Amend Sec. 61.19 by revising paragraphs (a)(2), (c)(1), (d), and
(e) to read as follows:
Sec. 61.19 Duration of pilot and instructor certificates and
privileges.
(a) * * *
(2) Except for a certificate issued with an expiration date, a
certificate issued under this part is valid unless it is surrendered,
suspended, or revoked.
* * * * *
(c) * * *
(1) A pilot certificate (including a student pilot certificate
issued after April 1, 2016) issued under this part is issued without an
expiration date.
* * * * *
(d) Flight instructor certificate. (1) A flight instructor
certificate issued under this part on or after [EFFECTIVE DATE OF FINAL
RULE] is issued without an expiration date.
(2) A flight instructor certificate issued before [EFFECTIVE DATE
OF FINAL RULE] expires 24 calendar months from the month in which it
was issued, renewed, or reinstated, as appropriate.
(e) Ground instructor certificate. A ground instructor certificate
is issued without an expiration date.
* * * * *
0
5. Amend Sec. 61.39 by:
0
a. Revising the introductory text of paragraph (a), the introductory
text of paragraph (b), paragraph (b)(3), the introductory text of
paragraph (c), and paragraph (c)(2);
0
b. Redesignating paragraphs (e) through (g) as paragraphs (f) through
(h); and
0
c. Adding new paragraph (e).
The revisions and addition read as follows:
Sec. 61.39 Prerequisites for practical tests.
(a) Except as provided in paragraphs (b), (c), (e), and (f) of this
section, to be eligible for a practical test for a certificate or
rating issued under this part, an applicant must:
* * * * *
(b) Except as provided in paragraph (e) of this section, an
applicant for an airline transport pilot certificate with an airplane
category multiengine class rating or an airline transport pilot
certificate obtained concurrently with a multiengine airplane type
rating may take the practical test with an expired knowledge test only
if the applicant passed the knowledge test after July 31, 2014, and is
employed:
* * * * *
(3) By the U.S. Armed Forces as a flight crewmember in U.S.
military air transport operations at the time of the practical test and
has satisfactorily completed the pilot in command aircraft
qualification training program that is appropriate to the pilot
certificate and rating sought.
(c) Except as provided in paragraph (e) of this section, an
applicant for an airline transport pilot certificate with a rating
other than those ratings set forth in paragraph (b) of this section may
take the practical test for that certificate or rating with an expired
knowledge test report, provided that the applicant is employed:
* * * * *
(2) By the U.S. Armed Forces as a flight crewmember in U.S.
military air transport operations at the time of the practical test and
has satisfactorily completed the pilot in command aircraft
qualification training program that is appropriate to the pilot
certificate and rating sought.
* * * * *
(e) An applicant for an airman certificate or rating issued under
part 61 may take a practical test with an expired knowledge test if the
applicant meets the requirements specified in Sec. 61.40.
* * * * *
0
6. Add Sec. 61.40 to read as follows:
Sec. 61.40 Relief for U.S. military and civilian personnel who are
assigned outside the United States in support of U.S. Armed Forces
operations.
(a) Relief. A person who satisfies the requirements of paragraph
(b) of this section may use the following documents to demonstrate
eligibility to renew a flight instructor certificate, establish recent
flight instructor experience, take a practical test, or renew an
inspection authorization, as appropriate:
[[Page 33007]]
(1) For flight instructor certificates issued before [THE EFFECTIVE
DATE OF FINAL RULE], an expired flight instructor certificate to show
eligibility for renewal of a flight instructor certificate under Sec.
61.197;
(2) Except as provided in paragraph (a)(3) of this section, for
flight instructor certificates issued after [THE EFFECTIVE DATE OF
FINAL RULE], a record demonstrating the last recent experience event
accomplished under Sec. 61.197 to show eligibility to reestablish
recent experience under Sec. 61.197;
(3) For persons who were issued a flight instructor certificate
after [THE EFFECTIVE DATE OF FINAL RULE] and who served in a U.S.
military or civilian capacity outside the United States in support of a
U.S. Armed Forces operation for some period of time during the 24
calendar months following the issuance of the person's flight
instructor certificate, a flight instructor certificate demonstrating
the date of issuance to show eligibility to establish recent experience
under Sec. 61.197;
(4) An expired written test report to show eligibility under this
part to take a practical test;
(5) An expired written test report to show eligibility to take a
practical test required under part 63 of this chapter; and
(6) An expired written test report to show eligibility to take a
practical test required under part 65 of this chapter or an expired
inspection authorization to show eligibility for renewal under Sec.
65.93 of this chapter.
(b) Eligibility. A person is eligible for the relief specified in
paragraph (a) of this section if that person meets the following
requirements:
(1) The person must have served in a U.S. military or civilian
capacity outside the United States in support of a U.S. Armed Forces
operation during some period of time beginning on or after September
11, 2001;
(2) One of the following occurred sometime between September 11,
2001, and 6 calendar months after returning to the United States--
(i) The person's flight instructor certificate issued before [THE
EFFECTIVE DATE OF FINAL RULE], airman written test report, or
inspection authorization expired; or
(ii) For flight instructor certificates issued after [THE EFFECTIVE
DATE OF FINAL RULE], the person has not met the flight instructor
recent experience requirements within the preceding 24 calendar months
in accordance with Sec. 61.197; and
(3) The person complies with Sec. 61.197 or Sec. 65.93 of this
chapter, as appropriate, or completes the appropriate practical test
within 6 calendar months after returning to the United States.
(c) Required documents. To exercise the relief specified in
paragraph (a) of this section, a person must complete and sign an
application appropriate to the relief sought and submit the application
to the appropriate Flight Standards office. The person must include
with the application one of the following documents, which must show
the date of assignment outside the United States and the date of return
to the United States:
(1) An official U.S. Government notification of personnel action,
or equivalent document, showing the person was a civilian on official
duty for the U.S. Government outside the United States and was assigned
to a U.S. Armed Forces operation some time on or after September 11,
2001;
(2) Military orders validating the person was assigned to duty
outside the United States and was assigned to a U.S. Armed Forces
operation some time on or after September 11, 2001; or
(3) A letter from the person's military commander or civilian
supervisor providing the dates during which the person served outside
the United States and was assigned to a U.S. Armed Forces operation
some time on or after September 11, 2001.
0
7. Amend Sec. 61.56 by revising paragraphs (d)(2), (e), and (f) to
read as follows:
Sec. 61.56 Flight review.
* * * * *
(d) * * *
(2) A practical test conducted by an examiner for one of the
following:
(i) The issuance of a flight instructor certificate;
(ii) An additional rating on a flight instructor certificate;
(iii) To meet the recent experience requirements for a flight
instructor certificate in accordance with Sec. 61.197(b)(1); or
(iv) The reinstatement of flight instructor privileges in
accordance with Sec. 61.199(b)(2).
(e) A person who has, within the period specified in paragraph (c)
of this section, satisfactorily accomplished one or more phases of an
FAA-sponsored pilot proficiency program need not accomplish the flight
review required by this section.
(f) A person who holds a flight instructor certificate need not
accomplish the one hour of ground training specified in paragraph (a)
of this section if that person has, within the period specified in
paragraph (c) of this section, met one of the following requirements--
(1) Satisfactorily completed the recent experience requirements for
a flight instructor certificate under Sec. 61.197; or
(2) Reinstated the person's flight instructor privileges by
satisfactorily completing an approved flight instructor refresher
course in accordance with Sec. 61.199(a)(1).
* * * * *
0
8. Amend Sec. 61.195 by revising paragraph (h) to read as follows:
Sec. 61.195 Flight instructor limitations and qualifications.
* * * * *
(h) Qualifications to provide ground or flight training to initial
flight instructor applicants--(1) Ground training. The ground training
provided to an initial applicant for a flight instructor certificate
must be given by an authorized instructor who--
(i) Holds a ground or flight instructor certificate with the
appropriate rating, has held that certificate for at least 24 calendar
months, and has given at least 40 hours of ground training; or
(ii) Holds a ground or flight instructor certificate with the
appropriate rating and has given at least 100 hours of ground training
in an FAA-approved course.
(2) Flight training. A flight instructor who provides flight
training to an initial applicant for a flight instructor certificate
must meet the eligibility requirements prescribed in Sec. 61.183; hold
the appropriate flight instructor certificate and rating; meet the
requirements of the part under which the flight training is provided;
and meet one of the following requirements--
(i) Have held a flight instructor certificate for at least 24
calendar months; and
(A) For training in preparation for an airplane, rotorcraft, or
powered-lift rating, have given at least 200 hours of flight training
as a flight instructor; or
(B) For training in preparation for a glider rating, have given at
least 80 hours of flight training as a flight instructor;
(ii) Have trained and endorsed, during the preceding 24 calendar
months, at least five applicants for a practical test for a pilot
certificate or rating, and at least 80 percent of all applicants
endorsed in that period passed that test on their first attempt; or
(iii) After completing the flight training requirements in
paragraphs (h)(2)(i)(A) or (B) of this section, as appropriate, have
graduated from an FAA-approved flight instructor
[[Page 33008]]
enhanced qualification training program that satisfies the requirements
specified in paragraph (h)(3) of this section.
(3) Flight instructor enhanced qualification training program. A
flight instructor enhanced qualification training program must be
approved and conducted under part 141 or 142 of this chapter and meet
the following requirements--
(i) The ground training must include at least 25 hours of
instruction that includes the following subjects:
(A) Flight instructor responsibilities, functions, lesson planning,
and risk management, including how to instruct an initial flight
instructor applicant on these subjects.
(B) Teaching methods, procedures, and techniques applicable to
instructing an initial flight instructor applicant.
(C) Methods of proper evaluation of an initial flight instructor
applicant to detect improper and insufficient transfer of instructional
knowledge, training, and performance of the initial flight instructor
applicant.
(D) Corrective action in the case of unsatisfactory training
progress.
(ii) The flight training must include at least 10 hours of training
that includes the following areas:
(A) Scenario-based training to develop the flight instructor's
ability to instruct an initial flight instructor applicant how to
satisfactorily perform the procedures and maneuvers while giving
effective flight training.
(B) Instructional knowledge and proficiency to teach an initial
flight instructor applicant in abnormal and emergency procedures, which
must include stall awareness, spin entry, spins, and spin recovery
procedures, if applicable to the category and class of aircraft used in
the flight instructor enhanced qualification training program.
(C) Risk management and potential results of improper, untimely, or
non-execution of safety measures critical to flight training.
(D) Methods of proper evaluation of an initial flight instructor
applicant to detect improper and insufficient transfer of instructional
knowledge, training, and performance of the initial flight instructor
applicant.
(E) Corrective action in the case of unsatisfactory training
progress.
(F) Methods to detect personal characteristics of an initial flight
instructor applicant that could adversely affect safety.
(iii) Each flight instructor enrolled in the flight instructor
enhanced qualification training program must satisfactorily complete an
end-of-course written test specific to the ground training subjects in
paragraph (h)(3)(i) of this section and an end-of-course instructional
proficiency flight test specific to the flight training areas in
paragraph (h)(3)(ii) of this section.
(iv) A full flight simulator or flight training device may be used
to meet the flight training requirements of paragraph (h)(3)(ii) of
this section. The FFS or FTD must be--
(A) Qualified and maintained in accordance with part 60 of this
chapter or a previously qualified device as permitted in accordance
with Sec. 60.17 of this chapter;
(B) Approved by the Administrator pursuant to Sec. 61.4(a); and
(C) Used in accordance with the part under which the FAA-approved
course is conducted.
(v) A maximum of 5 hours of training received in an advanced
aviation training device may be used to meet the flight training
requirements of paragraph (h)(3)(ii) of this section for programs
conducted under part 141 of this chapter. The advanced aviation
training device must be--
(A) Approved by the Administrator pursuant to Sec. 61.4(c); and
(B) Used in accordance with part 141 of this chapter.
(vi) No certificate holder may use a person nor may any person
serve as an instructor of the flight instructor enhanced qualification
training program unless the instructor holds a flight instructor
certificate or ground instructor certificate and meets one of the
following qualifications:
(A) Serves as a chief instructor or assistant chief instructor in a
part 141 pilot school;
(B) Serves as a training center program manager or assistant
training center program manager of a part 142 training center; or
(C) Meets the qualifications of an assistant chief instructor,
pursuant to Sec. 141.36(d).
(vii) A part 141 pilot school or part 142 training center must
issue a graduation certificate to each flight instructor who
successfully completes the flight instructor enhanced qualification
training program.
* * * * *
0
9. Revise Sec. 61.197 to read as follows:
Sec. 61.197 Recent experience requirements for flight instructor
certification.
(a) A person may exercise the privileges of the person's flight
instructor certificate only if, within the preceding 24 calendar
months, that person has satisfied one of the recent experience
requirements specified in paragraph (b) of this section. The 24
calendar month period during which the flight instructor must establish
recent experience shall start from one of the following--
(1) The month the FAA issued the flight instructor certificate;
(2) The month the recent experience requirements of paragraph (b)
of this section are accomplished; or
(3) The last month of the flight instructor's current recent
experience period provided the recent experience requirements of
paragraph (b) of this section are accomplished within the 3 calendar
months preceding the last month of the certificate holder's current
recent experience period.
(b) A person who holds a flight instructor certificate may
establish recent experience by satisfying one of the following
requirements--
(1) Passing a practical test for--
(i) One of the ratings listed on the flight instructor certificate;
or
(ii) An additional flight instructor rating; or
(2) Satisfactorily completing one of the following recent
experience requirements, and submitting documentation of such in a form
and manner acceptable to the Administrator--
(i) During the preceding 24 calendar months, the flight instructor
has endorsed at least 5 applicants for a practical test for a
certificate or rating and at least 80 percent of those applicants
passed that test on the first attempt.
(ii) Within the preceding 24 calendar months, the flight instructor
has served as a company check pilot, chief flight instructor, company
check airman, or flight instructor in a part 121 or part 135 operation,
or in a position involving the regular evaluation of pilots.
(iii) Within the preceding 3 calendar months, the person has
successfully completed an approved flight instructor refresher course
consisting of ground training or flight training, or a combination of
both.
(iv) Within the preceding 24 calendar months from the month of
application, the flight instructor passed an official U.S. Armed Forces
military instructor pilot or pilot examiner proficiency check in an
aircraft for which the military instructor already holds a rating or in
an aircraft for an additional rating.
(v) Within the preceding 24 calendar months from the month of
application, the flight instructor has served as a flight instructor in
an FAA-sponsored pilot proficiency program, provided the flight
instructor meets the following requirements--
(A) Holds a flight instructor certificate and meets the appropriate
flight
[[Page 33009]]
instructor recent experience requirements of this part;
(B) Has satisfactorily completed at least one phase of an FAA-
sponsored pilot proficiency program in the preceding 12 calendar
months; and
(C) Has given at least 15 hours of flight training under the FAA-
sponsored pilot proficiency program to at least 5 pilots and has made
appropriate endorsements in the logbooks of those pilots.
(c) Except as provided in paragraph (f) of this section, a person
who fails to establish recent experience in accordance with paragraph
(b) of this section during the 24 calendar month period specified in
paragraph (a) of this section may not exercise flight instructor
privileges until those privileges are reinstated in accordance with
Sec. 61.199.
(d) The practical test required by paragraph (b)(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.
(e) A person who holds an unexpired flight instructor certificate
issued before [THE EFFECTIVE DATE OF FINAL RULE] may renew that
certificate by establishing recent experience in accordance with
paragraph (b) of this section prior to the month of expiration on that
person's flight instructor certificate. Except as provided in Sec.
61.40, if that person fails to establish recent experience prior to the
expiration of that person's flight instructor certificate, that person
may not exercise flight instructor privileges until those privileges
are reinstated in accordance with Sec. 61.199.
(f) A person who qualifies for the relief prescribed in Sec. 61.40
may establish recent experience in accordance with paragraph (b) of
this section, provided the requirements of Sec. 61.40 are met.
0
10. Amend Sec. 61.199 by revising the section heading and paragraph
(a), and removing paragraphs (c) and (d).
Sec. 61.199 Reinstatement of flight instructor privileges.
(a) Flight instructor privileges. The holder of a flight instructor
certificate who has not complied with the flight instructor recent
experience requirements of Sec. 61.197 may reinstate the person's
flight instructor privileges by filing a completed and signed
application with the FAA and satisfactorily completing one of the
following reinstatement requirements:
(1) If 3 calendar months or less have passed since the last month
of the flight instructor's recent experience period, the flight
instructor may successfully complete an approved flight instructor
refresher course consisting of ground training or flight training, or a
combination of both, or satisfy one of the requirements specified in
paragraph (a)(2) of this section.
(2) If more than 3 calendar months have passed since the last month
of the flight instructor's recent experience period, the flight
instructor must satisfactorily complete one of the following:
(i) A flight instructor certification practical test, as prescribed
by Sec. 61.183(h), for one of the ratings held on the flight
instructor certificate; or
(ii) A flight instructor certification practical test for an
additional rating.
(3) For military instructor pilots and pilot examiners, provide a
record showing that, within the preceding 6 calendar months from the
date of application for reinstatement, the person--
(i) Passed a U.S. Armed Forces instructor pilot or pilot examiner
proficiency check; or
(ii) Completed a U.S. Armed Forces instructor pilot or pilot
examiner training course and received an additional aircraft
qualification as a military instructor pilot or pilot examiner that is
appropriate to the flight instructor rating sought.
* * * * *
0
11. Revise Sec. 61.215 by adding paragraph (e) to read as follows:
Sec. 61.215 Ground instructor privileges.
* * * * *
(e) Ground training provided to an initial applicant for a flight
instructor certificate may only be provided by an authorized instructor
in accordance with Sec. 61.195(h)(1).
0
12. Revise Sec. 61.425 to read as follows:
Sec. 61.425 How do I establish recent experience for my flight
instructor certificate with a sport pilot rating?
(a) If you hold a flight instructor certificate with a sport pilot
rating issued after [THE EFFECTIVE DATE OF FINAL RULE], you must
establish recent experience in accordance with Sec. 61.197.
(b) If you hold an unexpired flight instructor certificate with a
sport pilot rating issued before [THE EFFECTIVE DATE OF FINAL RULE],
you must renew your certificate by establishing recent experience in
accordance with Sec. 61.197 prior to the month of expiration on your
flight instructor certificate. If you fail to establish recent
experience prior to the expiration of your flight instructor
certificate, you may not exercise flight instructor privileges until
you reinstate those privileges in accordance with Sec. 61.427.
0
13. Revise Sec. 61.427 to read as follows:
Sec. 61.427 How do I reinstate my flight instructor privileges if I
fail to establish recent experience for my flight instructor with a
sport pilot rating certificate?
If you fail to establish recent experience for your flight
instructor certificate with a sport pilot rating, you must reinstate
your flight instructor privileges by satisfactorily completing one of
the following reinstatement requirements:
(a) If 3 calendar months or less have passed since the last month
of your recent experience period, you must successfully complete an
approved flight instructor refresher course consisting of ground
training or flight training, or a combination of both, or satisfy the
requirements specified in paragraph (b) of this section.
(b) If more than 3 calendar months have passed since the last month
of the flight instructor's recent experience period, you must pass a
practical test as prescribed in Sec. 61.405(b) or Sec. 61.183(h) for
one of the ratings listed on your flight instructor certificate with a
sport pilot rating. The FAA will reinstate any privilege authorized by
that flight instructor certificate with a sport pilot rating.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
14. The authority citation for part 63 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
15. Amend Sec. 63.35 by revising paragraphs (c), (d)(1)(iii) and
(d)(2), and adding paragraph (d)(3) to read as follows:
Sec. 63.35 Knowledge requirements
* * * * *
(c) Before taking the written tests prescribed in paragraphs (a)
and (b) of this section, an applicant for a flight engineer certificate
must present satisfactory evidence of having completed one of the
experience requirements of Sec. 63.37. However, the applicant may take
the written tests before acquiring the flight training required by
Sec. 63.37
(d) * * *
(1) * * *
(iii) Meets the recurrent training requirements of the applicable
part or, for mechanics, meets the recency of
[[Page 33010]]
experience requirements of part 65 of this chapter;
(2) Within the period ending 24 calendar months after the month in
which the applicant passed the written test, the applicant participated
in a flight engineer or maintenance training program of a U.S.
scheduled military air transportation service and is currently
participating in that program; or
(3) An applicant is eligible to take a practical test for a flight
engineer certificate or rating under this part with an expired written
test report in accordance with Sec. 61.40 of this chapter.
* * * * *
0
16. Amend Sec. 63.53 by revising paragraph (b), and adding paragraph
(c) to read as follows:
Sec. 63.53 Knowledge Requirements
* * * * *
(b) A report of the test is mailed to the applicant. Except as
provided in paragraph (c) of this section, a passing grade is evidence,
for a period of 24 calendar months after the test, that the applicant
has complied with this section.
(c) An applicant is eligible to take a practical test for a flight
navigator certificate under this part with an expired written test
report in accordance with Sec. 61.40 of this chapter.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
17. The authority citation for part 65 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
18. Amend Sec. 65.55 by revising paragraph (b), and adding paragraph
(c) to read as follows:
Sec. 65.55 Knowledge requirements.
* * * * *
(b) Except as provided in paragraph (c) of this section, the
applicant must present documentary evidence satisfactory to the
Administrator of having passed an aircraft dispatcher knowledge test
within the preceding 24 calendar months.
(c) An applicant is eligible to take a practical test for an
aircraft dispatcher certificate under this part with an expired written
test report in accordance with Sec. 61.40 of this chapter.
0
19. Amend Sec. 65.71 by revising paragraphs (a)(4) and (b) to read as
follows:
Sec. 65.71 Eligibility requirements: General.
(a) * * *
(4) Comply with the sections of this subpart that apply to the
rating the applicant seeks.
(b) A certificated mechanic who applies for an additional rating
must meet the requirements of Sec. 65.77 and, within a period of 24
calendar months, pass the tests prescribed by Sec. Sec. 65.75 and
65.79 for the additional rating sought, except as provided in Sec.
65.75(d).
0
20. Amend Sec. 65.75 by adding paragraph (d) to read as follows:
Sec. 65.75 Knowledge requirements.
* * * * *
(d) An applicant is eligible to take a practical test for a
mechanic certificate or rating under this part with an expired written
test report in accordance with Sec. 61.40 of this chapter.
0
21. Amend Sec. 65.93 by revising the introductory text of paragraph
(a), and adding paragraph (d) to read as follows:
Sec. 65.93 Inspection authorization: Renewal.
(a) Except as provided in paragraph (d) of this section, to be
eligible for renewal of an inspection authorization for a 2-year period
an applicant must present evidence during the month of March of each
odd-numbered year, at the responsible Flight Standards office, that the
applicant still meets the requirements of Sec. 65.91(c)(1) through
(4). In addition, during the time the applicant held the inspection
authorization, the applicant must show completion of one of the
activities in paragraphs (a)(1) through (5) of this section by March 31
of the first year of the 2-year inspection authorization period, and
completion of one of the five activities during the second year of the
2-year period:
* * * * *
(d) A person who qualifies for the relief prescribed in Sec. 61.40
of this chapter is eligible to renew an expired inspection
authorization under this section, provided the requirements of Sec.
61.40 of this chapter are met.
PART 141--PILOT SCHOOLS
0
23. 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
24. Amend Sec. 141.11 by adding paragraph (b)(2)(ix) and paragraph
(b)(4) to read as follows:
Sec. 141.11 Pilot school ratings.
* * * * *
(b) * * *
(2) * * *
(ix) Flight instructor enhanced qualification training program.
* * * * *
(4) Combined Private Pilot Certification and Instrument Rating
Course (Appendix M).
0
25. Amend appendix K to part 141 by:
0
a. Revising the paragraph heading of paragraph 4.;
0
b. Revising paragraphs 4.(a) through (c); and
0
c. Adding paragraph 14.
The revisions and addition read as follows:
Appendix K to Part 141--Special Preparation Courses
* * * * *
4. Use of full flight simulators, flight training devices, or
aviation training devices.
(a) The approved special preparation course may include training in
a full flight simulator or flight training device, provided it is
representative of the aircraft for which the course is approved, meets
requirements of this paragraph, and the training is given by an
authorized instructor. A flight instructor enhanced qualification
training program may include training in an advanced aviation training
device in accordance with paragraph 14 of this appendix and Sec.
61.195(h)(3)(v) of this chapter.
(b) Except for the airline transport pilot certification program in
paragraph 13 of this appendix and the flight instructor enhanced
qualification training program in paragraph 14 of this appendix,
training in a full flight simulator that meets the requirements of
Sec. 141.41(a), may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or of
this section, whichever is less.
(c) Except for the airline transport pilot certification program in
pragraph 13 of this appendix and the flight instructor enhanced
qualification training program in paragraph 14 of this appendix,
training in a flight training device that meets the requirements of
Sec. 141.41(a), may be credited for a maximum of 5 percent of the
total flight training hour requirements of the approved course, or of
this section, whichever is less.
* * * * *
14. Flight instructor enhanced qualification training program. An
approved flight instructor enhanced qualification training program must
include the ground and flight training specified in Sec. 61.195(h)(3)
of this chapter. The FAA will not approve a course with fewer hours
than those prescribed in Sec. 61.195(h)(3) of this chapter.
[[Page 33011]]
Issued under authority provided by 49 U.S.C. 106(f),
44701(a)(5), and 44703(a) in Washington, DC.
Wesley L. Mooty,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2023-10182 Filed 5-22-23; 8:45 am]
BILLING CODE 4910-13-P