[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Rules and Regulations]
[Pages 22482-22520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06644]



[[Page 22481]]

Vol. 89

Monday,

No. 63

April 1, 2024

Part II





Department of Transportation





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 Federal Aviation Administration





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14 CFR Parts 61, 63, and 65





Airman Certification Standards and Practical Test Standards for Airmen; 
Incorporation by Reference; Final Rule

  Federal Register / Vol. 89 , No. 63 / Monday, April 1, 2024 / Rules 
and Regulations  

[[Page 22482]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2022-1463; Amdt. Nos. 61-153, 63-46, and 65-64]
RIN 2120-AL74


Airman Certification Standards and Practical Test Standards for 
Airmen; Incorporation by Reference

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

ACTION: Final rule.

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SUMMARY: This final rule revises certain regulations governing airman 
certification. Specifically, the FAA Airman Certification Standards and 
Practical Test Standards comprise the testing standard for practical 
tests and proficiency checks for persons seeking or holding an airman 
certificate and/or rating. This rule incorporates these Airman 
Certification Standards and Practical Test Standards by reference into 
the certification requirements for pilots, flight instructors, flight 
engineers, aircraft dispatchers, and parachute riggers.

DATES: This final rule is effective on May 31, 2024.
    The incorporation by reference of certain publications listed in 
this final rule is approved by the Director of the Federal Register as 
of May 31, 2024.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: James Ciccone, Training and 
Certification Group, AFS-810, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-1100; 
email faa.gov">ACSPTSinquiries@faa.gov.

SUPPLEMENTARY INFORMATION:

List of Abbreviations and Acronyms Frequently Used in This Document

Administrative Procedure Act (APA)
Aeronautical Information Manual (AIM)
Airman Certification Standards (ACS)
Airline Transport Pilot (ATP)
Area of Operation (AOO)
Aviation Rulemaking Advisory Committee ACS Working Group (ARAC ACS 
WG)
Instrument Proficiency Check (IPC)
Instrument Flight Rules (IFR)
Incorporation by Reference (IBR)
Pilot-in-Command Proficiency Check (PIC PC)
Practical Test Standards (PTS)
Vertical Takeoff and Landing (VTOL)
Visual Flight Rules (VFR)

Table of Contents

I. Executive Summary
II. Authority for This Rulemaking
III. Background
    A. Regulatory History and Incorporation by Reference
    B. Summary of NPRM
    C. General Overview of Comments
IV. Discussion of the Final Rule and Comments
    A. Amendments to 14 CFR Parts 61, 63, and 65
    1. Comments Concerning IBR
    2. Final Rule Amendments
    B. Discussion of Comments Related to the ACS and PTS
    1. Broad ACS Comments
    2. Specific ACS Comments
    3. Universally Applicable Comments
    C. ACS Testing Codes
    D. Record of Changes
    E. Out of Scope
V. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    1. Baseline for the Analysis
    2. Benefits
    3. Costs
    4. Regulatory Alternatives
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory 
Cooperation
VII. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

    This final rule adopts several amendments to parts 61, 63, and 65 
of Title 14 of the Code of Federal Regulations (14 CFR) by 
incorporating by reference (IBR) the Airman Certification Standards 
(ACS) and Practical Test Standards (PTS). The ACS and PTS \1\ serve as 
the testing standards for airman certificates and rating practical 
tests. The FAA notes that, while certain revisions were made to the ACS 
and PTS as an outgrowth of public notice and comment, there are no 
major substantive changes to the testing standards already in use or 
the conduct of the practical test such that the scope of the practical 
test is altered. Rather, this final rule brings the ACS and PTS into 
the FAA regulations through the proper notice and comment process 
required by the Administrative Procedure Act (APA).\2\
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    \1\ ACS and PTS refers to both the singular Standard and the 
plural Standards throughout the document.
    \2\ 5 U.S.C. 551-559.
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    As it pertains to pilots and flight instructors, the FAA 
incorporates thirty (30) pilot and flight instructor ACS and PTS in 
part 61 by reference through a centralized IBR section in new Sec.  
61.14. The FAA directs compliance on the respective practical tests and 
proficiency checks with the appropriate ACS and PTS through revisions 
in Sec. Sec.  61.43, 61.57, 61.58, 61.321, and 61.419. Additionally, 
the final rule adds an appendix to part 61, which sets forth which ACS 
or PTS applies to a certificate and/or rating sought or proficiency 
check.
    This final rule also makes a non-substantive conforming amendment 
to Sec.  61.157 to align the Airline Transport Pilot (ATP) airplane and 
powered-lift flight proficiency areas of operation with the areas of 
operation contained in the ATP and Type Rating for Airplane Category 
ACS and ATP and Type Rating for Powered-Lift Category ACS, 
respectively. The FAA also revised ``must consist of'' in Sec.  
61.57(d) to ``must include'' to align with the definitions in Sec.  
1.3. The remaining changes were made to the ACS or PTS documents as a 
result of public comments.
    Further, this final rule revises certain provisions applicable to 
flight engineers in part 63 and aircraft dispatchers and parachute 
riggers in part 65. First, this final rule incorporates the Flight 
Engineer PTS by reference in Sec.  63.39. Additionally, this final rule 
adds the Aircraft Dispatcher PTS and Parachute Rigger PTS to Sec.  
65.23, the existing centralized IBR section for part 65, and removes 
the now inapplicable Aviation Mechanic PTS from the centralized 
section. The final rule also revises the appropriate sections in 
subparts C and F of part 65 (i.e., Sec. Sec.  65.59, 65.115, 65.119, 
65.123) to require compliance with the respective PTS. Finally, minor 
editorial revisions remove gender references in both parts.

II. Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code (U.S.C.). Subtitle I, 
section 106, describes the authority of the FAA Administrator to 
promulgate regulations and rules. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.

[[Page 22483]]

    This rulemaking is promulgated under the authority granted to the 
Administrator in 49 U.S.C. subtitle VII, part A, subpart iii, chapter 
401, Section 40113 (prescribing general authority of the Administrator 
of the FAA with respect to aviation safety duties and powers to 
prescribe regulations) and subpart III, chapter 447, sections 44701 
(general authority of 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), 44702 (general authority 
of the Administrator to issue airman certificates), and 44703 (general 
authority of 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 rulemaking is within the scope of that authority.

III. Background

A. Regulatory History and Incorporation by Reference

    Under 49 U.S.C. 44703, the Administrator of the FAA possesses the 
authority to issue airman certificates when the Administrator finds, 
after investigation, that an individual is qualified for and able to 
perform the duties related to the position authorized by the 
certificate.\3\ The Administrator carries out this investigative 
authority through 14 CFR parts 61, 63, and 65, which prescribe the 
requirements for airmen to obtain a certificate and a rating.\4\ Each 
respective part contains the general requirements for eligibility, 
which include aeronautical knowledge, flight proficiency, and 
aeronautical experience, as applicable, for each certificate and/or 
rating sought. This generally includes the requirement to pass a 
practical test \5\ specific to the certificate and/or rating sought.\6\
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    \3\ By statute, a person may not serve in any capacity as an 
airman with respect to a civil aircraft, aircraft engine, propeller, 
or appliance used, or intended for use, in air commerce without an 
airman certificate authorizing the airman to serve in the capacity 
for which the certificate was issued. 49 U.S.C. 44711. Title 49 
U.S.C. 40102 sets forth the definition and the duties of an airman.
    \4\ Part 61 prescribes certification requirements for pilots, 
flight instructors, and ground instructors; part 63 prescribes 
certification requirements for flight crewmembers other than pilots; 
part 65 prescribes certification requirements for airmen other than 
flight crewmembers.
    \5\ A practical test is a test on the areas of operations for an 
airman certificate, rating, or authorization that is conducted by 
having the applicant respond to questions and demonstrate maneuvers 
in flight, in a flight simulator, or in a flight training device, 
pursuant to 14 CFR 61.1. Practical tests are administered by FAA 
inspectors or private persons designated by the Administrator. See 
49 U.S.C. 44702(d).
    \6\ Certain certificates do not require the successful 
completion of a practical test to obtain the certificate. For 
example, a certificate based on military competency requires only a 
military competency aeronautical knowledge test, pursuant to Sec.  
61.73(b); similarly, a ground instructor certificate requires only a 
knowledge test on fundamentals of instructing and certain 
aeronautical knowledge areas, pursuant to Sec.  61.213.
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    The FAA has long set forth certain items for inclusion on the 
practical test. Prior to 1997,\7\ these items were included directly in 
the regulations of part 61 through flight proficiency requirements, 
resulting in an unclear, broad, and discretionary testing framework.\8\ 
After 1997, the FAA set forth the flight proficiency requirements for 
flight training and practical tests with approved areas of operation, 
more general in character than the flight proficiency procedures and 
maneuvers, and simplified the practical test general procedures 
regulations to require performance of the areas of operation.\9\
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    \7\ Prior to 1997, the FAA referred to ``practical tests'' as 
both ``practical test'' and ``flight test.''
    \8\ For a comprehensive history of this testing framework, see 
Airman Certification Standards and Practical Test Standards for 
Airmen; Incorporation by Reference notice of proposed rulemaking, 87 
FR 75955 (Dec. 12, 2022).
    \9\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules final rule, 62 FR 16220 (Apr. 4, 1997).
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    To implement testing on the areas of operation, the FAA established 
the Practical Test Standards (PTS) to define acceptable performance of 
the flight proficiency required to obtain a certificate and/or rating. 
The PTS applied to specific certificates and/or ratings sought and 
incorporated the areas of operation set forth in the applicable 
regulations,\10\ some of which continue to be used as the current 
testing standard. Within the PTS, the areas of operation were 
designated as phases of the practical test, which were further 
extrapolated into tasks comprised of knowledge areas, flight 
procedures, or maneuvers appropriate to the overarching area of 
operation. An evaluator \11\ is responsible for determining whether the 
applicant meets the standards outlined in the objective of each 
required task evaluated in accordance with the respective PTS. While 
developed primarily in response to part 61 revisions, the FAA also 
published and utilized PTS for testing under parts 63 and 65.\12\
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    \10\ As an example, the FAA published a PTS for the Commercial 
Pilot--Rotorcraft Category, Helicopter and Gyroplane Class. Within 
the PTS, the areas of operation correspond with the areas of 
operation set forth in 14 CFR 61.127(b)(3) and (4), flight 
proficiency areas of operation for rotorcraft category rating with a 
helicopter class rating and rotorcraft category rating with a 
gyroplane class rating, respectively.
    \11\ As it applies to the particular evaluation, an evaluator is 
considered: an aviation safety inspector; pilot examiner (other than 
administrative pilot examiners); training center evaluator (TCE); 
chief instructor, assistant chief instructor, or check instructor of 
a pilot school holding examining authority; an instrument flight 
instructor conducting an instrument proficiency check; or an 
authorized sport pilot instructor.
    \12\ Specifically, the FAA developed PTS for Flight Engineers in 
part 63 and Aircraft Dispatchers, Mechanic Technicians, and 
Parachute Riggers in part 65. Because these regulations do not 
specifically set out the areas of operation in the same manner as 
part 61, respective sections of this preamble further describe these 
PTS.
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    In 2011, the FAA began establishing the ACS to enhance the testing 
standard for the knowledge and practical tests.\13\ In cooperation with 
the ACS Working Group (ARAC ACS WG), established through the Aviation 
Rulemaking Advisory Committee (ARAC),\14\ the FAA integrated 
``aeronautical knowledge'' and ``risk management'' elements into the 
existing areas of operations and tasks set forth in the PTS. Therefore, 
the ACS is a comprehensive presentation integrating the standards for 
what an applicant must know, consider, and do to demonstrate 
proficiency to pass the tests required for issuance of the applicable 
airman certificate or rating.
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    \13\ The ACS were intended to implement a new, systematic 
approach to testing that would (1) provide clearer standards, (2) 
consolidate redundant tasks, and (3) connect the standards for 
knowledge, risk management, and skills to the knowledge and 
practical tests.
    \14\ The Federal Advisory Committee Act, 5 U.S.C. app. 2, 
provides authority for the ARAC. The ARAC ACS WG includes the FAA, 
advocacy groups, instructor groups, training providers, academic 
institutions, and labor organizations.
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    Given this transition, in 2018,\15\ the FAA removed the reference 
to the practical test standards in Sec.  61.43 and broadened the 
regulatory language to encompass the standards set forth in the ACS, 
where applicable (i.e., where ACS were developed and actively utilized 
for practical tests of certain certificates). The regulatory language 
adopted in 2018 that required applicants to perform the tasks specified 
in the areas of operation for the airman certificate or rating sought 
is how the regulation is situated prior to this final rule. The FAA 
notes that some PTS have fully transitioned to ACS, rendering those

[[Page 22484]]

corresponding PTS obsolete.\16\ While FAA continues to actively convert 
the remaining PTS to ACS in collaboration with the ARAC ACS WG, FAA 
will continue to use the PTS for some certificates and ratings pending 
development of the corresponding ACS, followed by further rulemaking.
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    \15\ Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions 
final rule, 83 FR 30232 (Jun. 27, 2018).
    \16\ The FAA notes that it received one comment on the NPRM to 
this final rule contending that utilization of the ACS has increased 
the accident rate overall, encouraging a transition back to the PTS. 
However, the commenter did not provide any data, nor has the FAA 
identified any correlation between accidents and the ACS. The FAA 
intends to continue moving forward with the ACS framework as the 
testing standard for the foreseeable future.
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    While FAA did not originally consider the content of the ACS and 
PTS to contain regulatory requirements, as stated in the 2018 final 
rule,\17\ use of the ACS and PTS by the FAA impose requirements on all 
persons seeking an airman certificate or rating in parts 61, 63, and 
65. As previously discussed, the ACS and PTS require an applicant 
seeking a certificate or rating to complete specific tasks and 
maneuvers to a minimum prescribed standard to obtain the applicable 
certificate or rating.\18\ As such, if an applicant does not perform a 
task to the standard in the applicable ACS or PTS, the applicant cannot 
obtain the applicable certificate and rating. Unsatisfactory 
performance results in a notice of disapproval and/or denial of the 
certificate or rating.
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    \17\ 83 FR at 30269.
    \18\ The FAA directs examiners to conduct practical tests in 
accordance with the appropriate ACS or PTS pursuant to FAA Order 
8900.1, Vol. 5, Chap. 1, Sec. 4. The appropriate volume, chapter, 
and section pursuant to the applicable certificate or rating sought 
found in FAA Order 8900.1 provides additional direction (e.g., Vol. 
1, Chap. 2, Sec. 7, Conduct a Private Pilot Certification, Including 
Additional Category/Class Ratings, directs an examiner to conduct 
the practical test in accordance with the private pilot PTS in 
paragraph 5-382).
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    Because of the regulatory nature and purpose of the ACS and PTS, 
this final rule will IBR the ACS and PTS into parts 61, 63, and 65 so 
that the standards carry the full force and effect of regulation. Due 
to the unique nature of the ACS and PTS documents, which are lengthy 
and contain complex technical tables, the FAA finds it more appropriate 
to incorporate these standards by reference than to reproduce the 
documents in their entirety into the Code of Federal Regulations (CFR), 
as subsequently discussed in this preamble.
    IBR is a mechanism that allows Federal agencies to comply with the 
requirements of the APA to publish rules in the Federal Register and 
the CFR by referring to material published elsewhere.\19\ Material that 
is incorporated by reference has the same legal status as if it were 
published in full in the CFR and Federal Register.
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    \19\ 5 U.S.C. 552(a).
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    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\20\ the FAA 
makes the ACS and PTS reasonably available to interested parties by 
providing free online public access to view on the FAA Training and 
Testing website at www.faa.gov/training_testing. The ACS and PTS are 
available for download, free of charge, at the provided web address. 
The FAA will continue to provide the ACS and PTS to interested parties 
in this manner. For a complete list and discussion of the ACS and PTS 
incorporated by reference in parts 61, 63, and 65, see section IV.A.2. 
of this preamble.
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    \20\ 5 U.S.C. 552(a) requires that matter incorporated by 
reference be ``reasonably available'' as a condition of its 
eligibility. Further, 1 CFR 51.5(b)(2) requires that agencies 
incorporating material by reference discuss in the preamble of the 
final rule the ways that the material it incorporates by reference 
is reasonably available to interested parties and how interested 
parties can obtain the material.
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B. Summary of NPRM

    On December 12, 2022, the FAA published a notice of proposed 
rulemaking (NPRM) titled ``Airman Certification Standards and Practical 
Test Standards for Airmen; Incorporation by Reference.'' \21\ In the 
NPRM, the FAA proposed several amendments to parts 61, 63, and 65 that 
would IBR the ACS and PTS into the certification requirements for 
pilots, flight instructors, flight engineers, aircraft dispatchers, and 
parachute riggers. The rulemaking docket \22\ contained all ACS and PTS 
proposed to be incorporated by reference for public inspection.
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    \21\ 87 FR 75955.
    \22\ Docket No. FAA-2022-1463.
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C. General Overview of Comments

    The NPRM provided a 30-day comment period, extended by an 
additional 30 days,\23\ which ended on February 10, 2023. The FAA 
received comments from 39 individuals and organizations. The majority 
of comments came from individuals. Several industry advocacy 
organizations also submitted comments. Many comments pertained to more 
than one issue, such as specific revisions to narrow elements and tasks 
within the PTS and ACS, suggestions considered out of scope, legal 
issues, and administrative matters. In addition, the majority of 
comments received pertained to the content of the ACS and PTS documents 
rather than the proposed amendments to parts 61, 63, and 65.
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    \23\ Extension of Comment Period, Airman Certification Standards 
and Practical Test Standards for Airmen; Incorporation by Reference, 
88 FR 24 (Jan. 3, 2023).
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IV. Discussion of the Final Rule and Comments

A. Amendments to 14 CFR Parts 61, 63, and 65

    In the NPRM, the FAA proposed to amend parts 61, 63, and 65 to IBR 
the ACS and PTS. The FAA received several general comments opposed to 
this rulemaking, as discussed in the subsequent section. However, the 
FAA did not receive any comments suggesting alternatives to the 
mechanism of IBR or to the regulatory language in the proposed rule. 
The FAA adopts the regulatory text as proposed with various revisions 
to the ACS and PTS themselves, as discussed in the subsequent sections 
of this preamble. The following table lists the amendments made to the 
FAA regulations by this final rule and a summary of those provisions.
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    \24\ See section IV.A.2.i. of this preamble for a list of the 
ACS and PTS that will be incorporated by reference in new Sec.  
61.14.

                                     Table 1--Amendments to FAA Regulations
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               14 CFR Sec.   affected                                    Summary of provision
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61.14..............................................  Create a centralized IBR section to IBR 30 ACS and PTS in
                                                      part 61.\24\
61.43(a)(1)........................................  Revise to require completion of the practical test for a
                                                      certificate or rating to consist of performing the tasks
                                                      specified in the areas of operation in the applicable ACS
                                                      or PTS for the airman certificate or rating sought.
61.57(d)(1)........................................  Revise to state that the instrument proficiency check (IPC)
                                                      must consist of the areas of operation contained in the
                                                      applicable ACS as appropriate to the rating held.
61.58(d)(1)........................................  Revise to require that the PIC proficiency check
                                                      specifically consists of the areas of operation contained
                                                      in the applicable ACS or PTS.

[[Page 22485]]

 
61.157(e)..........................................  Revise areas of operation to align with the areas of
                                                      operation in the ACS.
61.321(b)..........................................  Revise to require the proficiency check for an additional
                                                      light-sport aircraft privilege to consist of the
                                                      appropriate areas of operation contained in the applicable
                                                      PTS.
61.419(b)..........................................  Revise to require the flight instructor to successfully
                                                      complete a proficiency check consisting of the appropriate
                                                      areas of operation contained in the applicable PTS for the
                                                      additional category and class flight instructor privilege
                                                      sought.
Appendix A to part 61..............................  Add appendix A to aid applicants and evaluators in
                                                      identifying which ACS or PTS they must utilize for the
                                                      certificate and/or rating sought or proficiency check to
                                                      administer.
63.39..............................................  Revise to IBR the Flight Engineer PTS and require an
                                                      applicant for a flight engineer certificate to
                                                      satisfactorily demonstrate the objectives in the areas of
                                                      operation contained in the Flight Engineer PTS.
65.23(a)(1) and (2)................................  Revise the centralized IBR section in part 65 to include
                                                      the Aircraft Dispatcher PTS and Parachute Rigger PTS.
65.59..............................................  Revise to require an aircraft dispatcher to satisfactorily
                                                      demonstrate the objectives in the areas of operation
                                                      specified in the Aircraft Dispatcher PTS.
65.115 and 65.119..................................  Revise to require applicant to pass the oral and practical
                                                      test by satisfactorily demonstrating the objectives in the
                                                      areas of operation in the Parachute Rigger PTS applicable
                                                      as appropriate to the respective certificate (e.g., senior
                                                      parachute rigger, master parachute rigger) and type rating
                                                      sought.
65.123(b)..........................................  Revise to require an applicant seeking an additional type
                                                      rating to satisfactorily demonstrate the objectives in the
                                                      area of operation applicable to the type rating sought, as
                                                      specified in the Parachute Rigger PTS.
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1. Comments Concerning IBR
    The FAA received a number of comments on the mechanism of IBR 
itself. These comments included enforcement questions, concerns about 
the FAA's justification for IBR, and apprehension with the timeliness 
and flexibility of the process. This section responds to concerns about 
IBR and provides additional explanation on IBR as set forth by the APA.
    First, the FAA received several comments regarding the effects of 
this rulemaking on enforcement. Two individuals and the National 
Association of Flight Instructors (NAFI) expressed concern that 
incorporating the ACS and PTS by reference may subject an applicant who 
fails a task or receives an unsatisfactory on a practical test or that 
applicant's instructor to an enforcement action. Additionally, NAFI 
expressed concern that the regulatory nature of the ACS and PTS would 
leave flight instructors who provide an endorsement that an applicant 
has received and logged the appropriate training and is prepared for 
the practical test \25\ vulnerable to an enforcement action should the 
applicant fail the practical test. Further, one commenter surmised that 
the regulatory nature of the ACS and PTS would result in a violated 
regulation when a designated pilot examiner improperly fails an 
applicant, resulting in an enforcement or higher legal action.
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    \25\ See 14 CFR 61.39(a)(6).
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    The Administrator does not currently bring enforcement actions 
against those persons who fail practical tests, and this final rule 
does not change such practice. Section 61.43, as amended by this rule, 
sets forth the general procedures for the practical test and defines 
successful completion of a practical test in terms of the tasks 
specified in the Areas of Operation contained in the applicable ACS or 
PTS. Similarly, Sec. Sec.  61.57, 61.58, 61.321, and 61.419 set forth 
the requirements for the completion of certain proficiency checks 
(i.e., completion of the areas of operation contained in the applicable 
ACS or PTS). The FAA regards these completion requirements as 
eligibility standards that allow an applicant to receive a certificate 
and/or rating (or obtain an endorsement for the privileges associated 
with completion of a proficiency check). Therefore, the only 
consequence for not successfully completing a specific task within an 
ACS or PTS as incorporated by reference would be ineligibility for a 
certificate and/or rating sought (or privileges accompanying a 
proficiency check). The applicant would simply not receive the 
certificate, rating, or privileges and would not be subject to an 
enforcement action only on the basis of unsatisfactory performance of 
the test or check.
    The FAA further emphasizes that, for the same reasons, the 
regulatory nature of the ACS and PTS would not affect the 
responsibilities of a flight instructor who endorses an applicant for 
purposes of the practical test and that applicant later fails the 
practical test. Specifically, the FAA recognizes that an applicant 
could fail a practical test for many reasons that may not necessarily 
reflect upon the flight instructor, including stress, misunderstanding, 
or human error. However, the FAA has the authority to take appropriate 
action, including reexamining or reinspecting a certificate holder, to 
resolve questions as to the holder's ongoing competence or 
qualification to hold a certificate.\26\
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    \26\ See 49 U.S.C. 44709.
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    Second, one commenter presented opposition to the incorporation by 
reference and believed the ACS and PTS documents should never carry the 
full force and effect of regulation. The commenter's reason is that 
ACS/PTS is vague, which is by design because it is a framework. The 
ACS/PTS is built to be adaptive to situations and scenarios and to 
evolve with the industry. Additionally, the commenter stated that the 
ACS and PTS are designed to allow for an evaluator's judgment, 
individualism, interpretations, and conclusions.
    The FAA agrees that the ACS and PTS documents are meant to be 
adaptive and each practical test is to be tailored to the applicant 
based on the identified deficiencies of the knowledge test. However, 
the ACS contain tasks that must be performed to demonstrate an 
individual has met the standard of proficiency required to obtain an 
airman certificate or rating. As such, the ACS are regulatory, and IBR 
is the appropriate process to make them so.
    In addition, commenters took issue with the general proposal to IBR 
the PTS and ACS documents, stating that there is a lack of sufficient 
justification for incorporating these documents by reference. The FAA 
holds the legal authority to utilize the mechanism of IBR as afforded 
by the APA. As previously discussed, under 49 U.S.C. 44703, the 
Administrator of the FAA possesses the authority to issue airman 
certificates when the Administrator finds after investigation that an 
individual is qualified for and able to perform the duties related to 
the

[[Page 22486]]

position authorized by the certificate. The Administrator carries out 
this authority through 14 CFR parts 61, 63, and 65, which prescribe the 
requirements for airmen to obtain a certificate and/or rating. The 
Administrator ensures that an airman possesses the requisite knowledge 
and skill to obtain a certificate and/or rating through demonstration 
of tasks consisting of knowledge, risk management, and skill elements 
as set forth in the applicable ACS and PTS.
    A rule \27\ that has the force and effect of law (i.e., one that 
imposes duties or obligations on regulated parties) constitutes a 
legislative rule that must be adopted in accordance with the notice and 
comment requirements of the Administrative Procedure Act (APA).\28\ The 
tasks in the ACS and PTS are legislative rules because an individual 
must accomplish them to obtain an airman certificate. As such, under 
the APA, the regulated community must receive notice and the 
opportunity to comment on the standards. The FAA determined that IBR 
presents the most appropriate mechanism by which to bring the ACS and 
PTS into the regulations.\29\ The 33 total ACS and PTS that accompanied 
the NPRM in the docket consist of many pages and include tables, notes, 
references, appendices, and technical material. Converting these 
standards into a format acceptable to print directly in the CFR would, 
first, draw upon considerable agency resources, second, result in a 
brand new presentation of material that could present usability 
challenges for the agency and regulated community, and, third, 
substantially increase the volume of material published in the Federal 
Register and CFR.\30\ Therefore, the FAA adopts the 33 ACS and PTS 
through incorporation by reference, as proposed, and maintains that, 
for the reasons discussed, sufficient support exists for this 
rulemaking.
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    \27\ As defined in 5 U.S.C. 551, a ``rule'' is ``the whole or a 
part of an agency statement of general or particular applicability 
and future effect designed to implement, interpret, or prescribe law 
or policy or describing the organization, procedure, or practice 
requirements of an agency[.]''
    \28\ 5 U.S.C. 552(A), which states, ``except to the extent that 
a person has actual or timely notice of the terms thereof, a person 
may not in any manner be required to resort to, or be adversely 
affected by, a matter required to be published in the Federal 
Register and not so published.
    \29\ For the purpose 5 U.S.C. 552(a), matter reasonably 
available to the class of persons affected thereby is deemed 
published in the Federal Register when incorporated by reference 
therein with the approval of the Director of the Federal Register.''
    \30\ The FAA notes that 1 CFR 51.7 states that an assumption 
exists that a publication produced by the same agency that is 
seeking its approval is inappropriate for incorporation by 
reference. However, the ACS and PTS overcame this assumption under 
the standards set forth in 1 CFR 51.7(b) due to the unique qualities 
described here.
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    Some commenters claimed that the process for changing the ACS and 
PTS documents must be faster and more flexible than the rulemaking 
process will allow due to technological developments and innovative 
aviation advancements. Commenters, particularly powered-lift 
manufacturers and planned commercial operators, emphasized the need to 
nimbly update the ACS and PTS in a timely manner and suggested the 
publication of clear revision cycles, review and revision timelines, 
and standing RINs.\31\
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    \31\ A Regulation Identifier Number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Regulatory and 
Deregulatory Actions.
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    The FAA acknowledges industry's concerns that the rulemaking 
process will prevent quick updates to the ACS and PTS.\32\ Rulemaking 
will be required to revise any document incorporated by reference into 
the CFR. As the ACS and PTS contain requirements for obtaining an 
airman certificate or rating, rulemaking will prevent the agency from 
imposing new requirements on a regulated entity by mandating a new 
version of a document without adhering to the APA (i.e., by not 
providing notice of the changes and an opportunity for comment). 
Essentially, because of the regulatory status of ACS and PTS, should 
the FAA want to add a task or element to an ACS or PTS, the regulated 
community would be given notice, have the opportunity to provide input 
on the addition, and have time to prepare accordingly for the change 
before effectivity. Given the technical nature of the ACS and PTS, the 
FAA intends to explore an expedited method for making required updates 
through the rulemaking process similar to the process used for airspace 
actions. For updates that are administrative in nature, the FAA may use 
direct final rules or interim final rules to make those types of non-
substantive changes.\33\
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    \32\ The FAA notes that it is unaware of any updates that were 
immediately required to respond to a safety concern or new 
technology. If the FAA determines that safety requires immediate 
action, the FAA will take the necessary steps within all available 
means to address that concern.
    \33\ See ACUS Recommendation 95.4, Jun. 15, 1995; ACUS 
Recommendation 2011-5, Dec. 8, 2011; and OMB Circular A-119, Jan. 
27, 2016.
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2. Final Rule Amendments
    The FAA's regulatory amendments to parts 61, 63, and 65 remain 
unchanged from the proposal.
i. Airman Certification Standards and Practical Test Standards 
Incorporated by Reference Into Part 61
    Title 14 CFR part 61 sets forth the certification requirements for 
pilots and flight instructors. As previously stated, new centralized 
IBR Sec.  61.14 lists the ACS and PTS incorporated by reference into 
part 61 pertaining to pilots and flight instructors. This section 
summarizes 15 ACS and 15 PTS \34\ that require applicants to perform 
the tasks specified in the areas of operation for the airman 
certificate and/or rating sought, as applicable.\35\ As noted 
previously, the FAA makes the ACS and PTS reasonably available for 
interested parties to view by providing free online public access to 
the FAA Training and Testing website at www.faa.gov/training_testing. 
Interested parties can also download the ACS and PTS free of charge at 
the provided web address. Additionally, the FAA developed an ACS 
companion guide for pilots providing guidance on certain non-regulatory 
and technical information previously published in the ACS.
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    \34\ The FAA added dates to the regulatory text for version and 
document identification. This date, November 2023, provides a 
specific identification month for the PTS and ACS.
    \35\ In accordance with 1 CFR 51.5(b)(3), an agency must 
summarize the material it incorporates by reference in the preamble 
of the final rule. Sections IV.A.2.ii. and iii. of this preamble 
summarize the material incorporated by reference in 14 CFR parts 63 
and 65.
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    Airman Certification Standards:
     FAA-S-ACS-2, Commercial Pilot for Powered-Lift Category 
Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for commercial pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; 
High-Altitude Operations; Special Operations; and Postflight 
Procedures.
     FAA-S-ACS-3, Instrument Rating--Powered-Lift Airman 
Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the powered-lift category.

[[Page 22487]]

    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control (ATC) Clearances 
and Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     FAA-S-ACS-6C, Private Pilot for Airplane Category Airman 
Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the private pilot 
certification in airplane category, single-engine land and sea, and 
multiengine land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Basic Instrument Maneuvers; Emergency Operations; Multiengine 
Operations; Night Operations; and Postflight Procedures.
     FAA-S-ACS-7B, Commercial Pilot for Airplane Category 
Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the commercial rating 
in the airplane category, single-engine land and sea, and multiengine 
land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
High-Altitude Operations; Emergency Operations; Multiengine Operations; 
and Postflight Procedures.
     FAA-S-ACS-8C, Instrument Rating--Airplane Airman 
Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control (ATC) Clearances 
and Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     FAA-S-ACS-11A, Airline Transport Pilot and Type Rating for 
Airplane Category Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Landings; In-flight 
Maneuvers; Stall Prevention; Instrument Procedures; Emergency 
Operations; and Postflight Procedures.
     FAA-S-ACS-13, Private Pilot for Powered-Lift Category 
Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Ground Reference Maneuvers; Navigation; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Night 
Operations; and Postflight Procedures.
     FAA-S-ACS-14, Instrument Rating--Helicopter Airman 
Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the instrument rating 
helicopter.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control (ATC) Clearances 
and Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     FAA-S-ACS-15, Private Pilot for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Night Operations; and 
Postflight Procedures.
     FAA-S-ACS-16, Commercial Pilot for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for a commercial pilot 
certification in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Special Operations; and 
Postflight Procedures.
     FAA-S-ACS-17, Airline Transport Pilot and Type Rating for 
Powered-Lift Category Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Departure Phase; In-
flight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Emergency Operations; and Postflight Procedures.
     FAA-S-ACS-25, Flight Instructor for Airplane Category 
Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the airplane category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, 
Landings, and Go-Arounds; Fundamentals of Flight; Performance and 
Ground Maneuvers, Slow Flight, Stalls, and Spins; Basic Instrument 
Maneuvers; Emergency Operations; Multiengine Operations; and Postflight 
Procedures.
     FAA-S-ACS-27, Flight Instructor for Powered-Lift Category 
Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency

[[Page 22488]]

standards for the flight instructor certificate in the powered-lift 
category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Heliport Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers; Ground Reference Maneuvers; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Special 
Operations; and Postflight Procedures.
     FAA-S-ACS-28, Flight Instructor--Instrument Rating 
Powered-Lift Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
instrument rating in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach procedures; Emergency 
Operations; and Postflight Procedure.
     FAA-S-ACS-29, Flight Instructor for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; November 2023.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Helicopter Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers, Emergency Operations; Special Operations; and 
Postflight Procedures.
    Practical Test Standards:
     FAA-S-8081-3B, Recreational Pilot Practical Test Standards 
for Airplane Category and Rotorcraft Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the recreational pilot practical tests for airplane, 
rotorcraft/helicopter, and rotorcraft/gyroplane.
    [cir] This PTS contains the following Areas of Operation for 
Single-Engine Airplane: Preflight Preparation; Preflight Procedures; 
Airport and Seaplane Base Operations; Takeoffs, Landing, and Go-
Arounds; Performance Maneuvers; Ground Reference Maneuvers; Navigation; 
Slow Flight and Stalls; Emergency Operations; and Postflight 
Procedures.
    [cir] This PTS contains the following Areas of Operation for 
Rotorcraft Helicopter: Preflight Preparation; Preflight Procedures; 
Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landing, 
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers; 
Navigation; Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for 
Rotorcraft Gyroplane: Preflight Preparation; Preflight Procedures; 
Airport Operations; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Ground Reference Maneuvers; Navigation; Flight at Slow 
Airspeeds; Emergency Operations; and Postflight Procedures.
     FAA-S-8081-7C, Flight Instructor Practical Test Standards 
for Rotorcraft Category Gyroplane Rating; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the rotorcraft category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; 
Fundamentals of Flight; Performance Maneuvers; Flight at Slow 
Airspeeds; Ground Reference Maneuvers; Emergency Operations; and 
Postflight Procedures.
     FAA-S-8081-8C, Flight Instructor Practical Test Standards 
for Glider Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the glider category.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Gliderport Operations; Launches and 
Landings; Fundamentals of Flight; Performance Airspeeds; Soaring 
Techniques; Performance Maneuvers; Slow Flight, Stalls, and Spins; 
Emergency Operations; and Postflight Procedures.
     FAA-S-8081-9E, Flight Instructor Instrument Practical Test 
Standards for Airplane Rating and Helicopter Rating; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
airplane and helicopter ratings.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach Procedures; Emergency 
Operations; and Postflight Procedures.
     FAA-S-8081-15B, Private Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical test for the rotorcraft 
category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuver, Ground Reference 
Maneuvers; Navigation; Flight at Slow Airspeeds; Emergency Operations; 
and Postflight Procedures.
     FAA-S-8081-16C, Commercial Pilot Practical Test Standards 
for Rotorcraft Category Gyroplane Rating; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot practical test for the rotorcraft 
category gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuvers, Navigation; Flight at 
Slow Airspeeds; Emergency Procedures; and Postflight Procedures.

[[Page 22489]]

     FAA-S-8081-17A, Private Pilot Practical Test Standards for 
Lighter-Than-Air Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical tests for the 
lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation for the 
Balloon class: Preflight Preparation; Preflight Procedures; Airport 
Operations; Launches and Landings; Performance Maneuvers; Navigation; 
Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for the 
Airship class: Preflight Preparation; Preflight Procedures; Airport 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; 
Ground Reference Maneuvers; Navigation; Emergency Operations; and 
Postflight Procedures.
     FAA-S-8081-18A, Commercial Pilot Practical Test Standards 
for Lighter-Than-Air Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical tests for 
the lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Launches and Landings; Performance 
Maneuvers; Navigation; Emergency Operations; and Postflight Procedures.
     FAA-S-8081-20A, Airline Transport Pilot and Aircraft Type 
Rating Practical Test Standards for Rotorcraft Category Helicopter 
Rating; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the airline transport pilot and type rating practical 
tests for helicopters.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoff and Departure Phase; 
Inflight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Normal and Abnormal Procedures; Emergency Procedures; and 
Postflight Procedures.
     FAA-S-8081-22A, Private Pilot Practical Test Standards for 
Glider Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Airspeeds; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
     FAA-S-8081-23B, Commercial Pilot Practical Test Standards 
for Glider Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Speeds; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
     FAA-S-8081-29A, Sport Pilot and Sport Pilot Flight 
Instructor Rating Practical Test Standards for Airplane Category, 
Gyroplane Category, and Glider Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airplane, gyroplane, glider, and flight instructor.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Airplane: Preflight Preparation; Preflight Procedures; Airport 
and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; 
Performance Maneuvers; Ground Reference Maneuvers; Navigation; Slow 
Flight and Stalls; Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Gyroplane: Preflight Preparation; Preflight Procedures; Airport 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; 
Ground Reference Maneuvers; Navigation; Flight at Slow Airspeeds; 
Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Glider: Preflight Preparation; Preflight Procedures; Airport and 
Gliderport Operations; Launches and Landings; Performance Speeds; 
Soaring Techniques; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Flight 
Instructor: Fundamentals of Instructing; Technical Subject Areas; and 
Preflight Lesson on a Maneuver to be Performed in Flight.
     FAA-S-8081-30A, Sport Pilot and Sport Pilot Flight 
Instructor Rating Practical Test Standards for Lighter-Than-Air 
Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airship, balloon, flight instructor.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Airship: Preflight Preparation; Preflight Procedures; Airport 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; 
Ground Reference Maneuvers; Navigation; Emergency Operations; and 
Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Balloon: Preflight Preparation; Preflight Procedures; Airport 
Operations; Launches and Landings; Performance Maneuvers; Navigation; 
Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Flight Instructor: Fundamentals of Instructing; Technical Subject 
Areas; and Preflight Lesson on a Maneuver to be Performed in Flight.
     FAA-S-8081-31A, Sport Pilot and Sport Pilot Flight 
Instructor Practical Test Standards for Powered Parachute Category and 
Weight-Shift-Control Category; November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the weight-shift-control, powered parachute, and flight instructor.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Weight-Shift-Control: Preflight Preparation; Preflight 
Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, 
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers; 
Navigation; Slow

[[Page 22490]]

Flight and Stalls; Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Powered Parachute: Preflight Preparation; Preflight Procedures; 
Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-
Arounds; Performance Maneuvers; Ground Reference Maneuvers; Navigation; 
Emergency Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for Sport 
Pilot Flight Instructor: Fundamentals of Instructing; Technical Subject 
Areas; and Preflight Lesson on a Maneuver to be Performed in Flight.
     FAA-S-8081-32A, Private Pilot Practical Test Standards for 
Powered Parachute Category and Weight-Shift-Control Aircraft Category; 
November 2023.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical tests for powered parachute 
and weight-shift-control.
    [cir] This PTS contains the following Areas of Operation for 
Powered Parachute: Preflight Preparation; Preflight Procedures; Airport 
and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; 
Performance Maneuver; Ground Reference Maneuvers; Navigation; Emergency 
Operations; Night Operations; and Postflight Procedures.
    [cir] This PTS contains the following Areas of Operation for 
Weight-Shift-Control Aircraft: Preflight Preparation; Preflight 
Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, 
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers; 
Navigation; Slow Flight and Stalls; Emergency Operations; Night 
Operation; and Postflight Procedures.
    Furthermore, the FAA adopts the proposed amendments pertaining to 
proficiency checks in 14 CFR part 61. As explained in the NPRM, 
proficiency checks include a type of review of a pilot's proficiency 
generally required to maintain existing privileges or to add privileges 
in the case of sport pilot certificates. A proficiency check differs 
from a practical test. However, evaluators refer to ACS and PTS when 
performing pilot proficiency checks. Therefore, the FAA adopts the 
proposed conforming amendments to the proficiency check requirements in 
part 61. Specifically, this final rule will require that instrument 
proficiency checks under Sec.  61.57(d), PIC proficiency checks under 
Sec.  61.58, and sport pilot proficiency checks under Sec. Sec.  61.321 
and 61.419 occur in accordance with the appropriate ACS or PTS, 
respectively, through minor revisions to the applicable section and 
cross-references to the centralized IBR section.
ii. Practical Test Standard Incorporated by Reference Into 14 CFR Part 
63
    Title 14 CFR part 63 contains the certification requirements for 
flight crewmembers other than pilots, specifically flight engineers. 
The standards contained in Sec.  63.39(c) require an applicant for a 
flight engineer certificate with a class rating to pass a practical 
test in the class of airplane for which the applicant seeks a rating. 
Revision of Sec.  63.39(a) conforms to the current practice and 
specifies that, to pass the practical test for a flight engineer 
certificate, an applicant must satisfactorily demonstrate the 
objectives in the areas of operation contained in the Flight Engineer 
PTS. The Flight Engineer PTS fashions the regulatory subject areas into 
areas of operation in the Flight Engineer PTS, which expands regulatory 
subject areas into tasks that list the required knowledge and skills 
appropriate to the area of operation.\36\ Each task lists an objective, 
which consists of the important elements that an applicant must 
satisfactorily perform to demonstrate competency. Specifically, the 
objective includes what the applicant must be able to do, the 
conditions under which the task is to be performed, and the minimum 
acceptable standards of performance. As noted previously, the FAA makes 
the PTS reasonably available to interested parties to view by providing 
free online public access to the FAA Training and Testing website at 
www.faa.gov/training_testing. Interested parties can download the ACS 
and PTS free of charge at the provided web address.
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    \36\ For example, Sec.  63.39(b)(1) requires the applicant to 
show that the applicant can satisfactorily perform preflight 
inspection. Preflight Inspection is implemented in the Flight 
Engineer PTS as area of operation II: Preflight Procedures, expanded 
into Task A: Preflight Inspection and Flight Deck Setup and Task B: 
Preflight Inspection--Exterior.
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iii. Practical Test Standards Incorporated by Reference Into Part 65
    Part 65 contains the certification requirements for airmen other 
than flight crewmembers, including aircraft dispatchers and parachute 
riggers. Both aircraft dispatchers and parachute riggers must pass a 
practical test to obtain a certificate and/or rating.\37\ Part 65 
currently contains a centralized IBR section in Sec.  65.23, which 
houses the Aviation Mechanic General, Airframe, and Powerplant 
Practical Test Standards and the Aviation Mechanic General, Airframe, 
and Powerplant Airman Certification Standard; therefore, this final 
rule adds the Aircraft Dispatcher Practical Test Standards and 
Parachute Rigger Practical Test Standards to Sec.  65.23. As noted 
previously, the FAA makes the PTS reasonably available to interested 
parties to view by providing free online public access to the FAA 
Training and Testing website at www.faa.gov/training_testing. 
Interested parties can download the ACS and PTS free of charge at the 
provided web address.
---------------------------------------------------------------------------

    \37\ 14 CFR 65.53(b)(4), 65.115, 65.119, and 65.123.
---------------------------------------------------------------------------

    The standards contained in the IBR section at Sec.  65.59 require 
an applicant for an aircraft dispatcher certificate to pass a practical 
test given by the Administrator with respect to any one type of large 
aircraft used in air carrier operations. Because the aircraft 
dispatcher practical test occurs in accordance with the Aircraft 
Dispatcher PTS, Sec.  65.59 will direct compliance with the Aircraft 
Dispatcher PTS through a cross-reference to the centralized IBR section 
of Sec.  65.23. The Aircraft Dispatcher PTS contains knowledge and 
skill tasks that an applicant must demonstrate to pass the practical 
test for an Aircraft Dispatcher certificate. Specifically, the Aircraft 
Dispatcher PTS contains areas of operation divided into tasks (e.g., 
navigation and aircraft navigation systems, practical dispatch 
applications). Each task lists an objective, which consists of the 
elements that the applicant must perform satisfactorily to demonstrate 
competency. Specifically, the objective includes what the applicant 
must do, the conditions for performance of the task, and the minimum 
acceptable standards of performance.
    Additionally, both a senior parachute rigger and a master parachute 
rigger must pass an oral and practical test for the issuance of a 
certificate; likewise, the addition of a type rating to a parachute 
rigger certificate (i.e., seat, back, chest, and/or lap type rating) 
requires the certificated parachute rigger to pass a practical 
test.\38\ The Parachute Rigger PTS governs (1) the oral and practical 
test for obtaining a senior parachute rigger certificate and master 
parachute rigger certificate and (2) the practical test for obtaining 
type ratings for seat, back, chest, and lap; therefore, Sec. Sec.  
65.115, 65.119, and 65.123(b) will direct compliance with the Parachute 
Rigger PTS through a cross-reference to

[[Page 22491]]

the centralized IBR section of Sec.  65.23. The Parachute Rigger PTS 
contains areas of operation (e.g., packing parachutes, parachute 
operation, and care), which divide into tasks applicable to the 
certificate and/or rating sought. For example, a task only involved in 
a seat type rating is delineated as Packing Seat Type Parachute (Seat 
Type Rating). Each task lists an objective, which consists of the 
elements the applicant must satisfactorily perform to demonstrate 
competency. Specifically, the objective includes the ability tested, 
the conditions under which the applicant performs the task to 
demonstrate ability, and the minimum acceptable standards of 
performance. This final rule removes gender references within the 
aforementioned parachute rigger regulations.
---------------------------------------------------------------------------

    \38\ 14 CFR 65.115, 65.119, 65.123(b).
---------------------------------------------------------------------------

    This final rule also makes one related technical amendment in part 
65. Currently, as previously stated, the centralized IBR section in 
part 65, Sec.  65.23, houses both the Aviation Mechanic ACS and PTS. As 
originally implemented,\39\ Sec. Sec.  65.75 and 65.79 provided that 
until July 31, 2023, a mechanic applicant must pass a written test 
including the subject areas on the Mechanic PTS and pass an oral and 
practical test by demonstrating the prescribed proficiency in the 
assigned objectives for the subject areas contained in the Mechanic 
PTS. Effective August 1, 2023, these sections required the written, 
oral, and practical tests to include the knowledge, risk management, 
and skill elements, as applicable, set forth by the Mechanic ACS. While 
the Mechanic PTS was removed from Sec. Sec.  65.75 and 65.79 upon the 
effective date of the ACS, the PTS remained in the centralized IBR 
section. Therefore, this final rule removes the Mechanic PTS from Sec.  
65.23 as it is no longer applicable.
---------------------------------------------------------------------------

    \39\ Aviation Maintenance Technician Schools interim final rule, 
87 FR 31391 (May 24, 2022); Aviation Maintenance Technician Schools 
final rule, 88 FR 38391 (Jun. 14, 2023).
---------------------------------------------------------------------------

B. Discussion of Comments Related to the ACS and PTS

    As previously discussed, the FAA provided the draft ACS and PTS 
documents proposed to be incorporated by reference in the docket for 
the NPRM associated with this final rule.\40\ The FAA received numerous 
comments on these proposed ACS and PTS. These comments included 
suggestions and remarks on groupings of ACS and PTS, as well as those 
specific to a single ACS/PTS. This section of the preamble addresses 
comments that the FAA considered but did not result in changes to the 
ACS and PTS and explains the FAA's reasoning for not adopting the 
changes as suggested or adopting a tangentially related revision 
related to a specific comment. The first section, Broad ACS Comments 
(section IV.B.1. of this preamble), responds to comments that are 
generic in nature to a group of ACS, whether by certificate level or 
category/class of aircraft. The second section, Specific ACS Comments 
(section IV.B.2. of this preamble), responds to comments intended to 
apply only to one ACS or PTS. The last section (section IV.B.3. of this 
preamble) discusses universally applicable comments noted by industry. 
For those comments that the FAA agreed with and therefore implemented 
the suggested change, see section IV.D of this preamble.
---------------------------------------------------------------------------

    \40\ FAA-2022-1463.
---------------------------------------------------------------------------

1. Broad ACS Comments
i. Airplane ACS
    First, Flight Safety International (FSI) commented on the use of 
the term ``flight manual,'' noting that the FAA's statement in the 
powered-lift ACS introduction explains what the term means and 
suggesting the addition of a similar explanation in an introduction to 
the Airplane ACS.\41\ The FAA notes that '' Use of the Term Flight 
Manual'' appears in the new Powered-Lift ACS introduction section to 
provide context needed to clarify that flight manual is synonymous 
language with powered-lift aircraft flight manual in order to 
facilitate the introduction of a novel aircraft. The generic term of 
flight manual was used for the powered-lift ACS in the absence of a 
specified regulatory term for the powered-lift flight manual as a 
result of rulemaking. The FAA did not implement this change to the 
Airplane and Rotorcraft ACS as it is already used throughout the 
CFR.\42\
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    \41\ FSI provided a similar suggestion in relation to the 
Helicopter ACS; the FAA declined to add an explanation to the 
Helicopter ACS regarding flight manuals for the same reasons 
provided herein.
    \42\ See 14 CFR 21.5, 91.9.
---------------------------------------------------------------------------

    One commenter suggested limiting preflight assessment in the 
Private, Commercial, and Flight Instructor Airplane ACS to only 
elements involving inspection of the aircraft without any elements 
related to human factors. The commenter stated that duplicated elements 
make the task unfocused and difficult to learn and assess. The FAA did 
not revise the ACS in this final rule as an applicant's assessment of 
the aircraft, airman, and environmental factors are all elements that 
could affect the safety of flight; therefore, an airman's ability to 
evaluate him/herself in relation to a flight is as compelling from a 
safety standpoint as assessing the aircraft and the weather.
    Next, the ARAC ACS WG commented on tasks related to runway 
incursion. The ARAC ACS WG suggested adding a runway incursion 
avoidance Task in the Private and Commercial Airplane ACS in AOO III, 
Airplane and Seaplane Base Operations, to align with the dedicated task 
that exists in the Instructor Airplane ACS. The FAA recognizes the 
importance of testing of runway incursion avoidance and notes that this 
topic is included in the private and commercial airplane ACS throughout 
multiple tasks. Runway incursion avoidance will be tested in at least 
one of the required tasks. An example of this is AOO II Task C. Taxiing 
of the Commercial Pilot Airplane ACS, which requires the evaluator to 
determine that the applicant exhibits satisfactory knowledge, risk 
management, and skills associated with taxi operations, including 
runway incursion avoidance. The FAA's intention is to mitigate risk by 
having the instructor applicant demonstrate during the practical test 
how to deliver training on the elements and techniques for runway 
incursion avoidance. Once certificated, the instructor will train their 
students how to avoid runway incursions as an inherent element of 
providing training on taxiing, takeoffs, and landings. This training 
should minimize the amount of runway incursions in the future. As a 
result, the FAA did not create a separate task for runway incursion 
avoidance in these ACS.
    Additionally, the ARAC ACS WG suggested moving the Runway Incursion 
Task found in the Instructor ACS, AOO II, Technical Subject Areas, to 
AOO VI, Airplane and Seaplane Base Operations. The FAA did not 
implement this change in the adopted ACS since evaluators already 
incorporate this required task in a plan of action.
    One commenter suggested removing certain risk management elements 
in the Human Factors tasks from the Airplane ACS.\43\ Specifically, the 
commenter supported the removal of ``Distractions, task prioritization, 
loss of situational awareness, or disorientation'' and ``Confirmation 
and expectation bias'' from the Human Factors Task, as the commenter 
believed they were vague. The FAA notes that the ACS is intended to 
communicate and demonstrate risk management as a continuous process 
that includes identification, assessment, and mitigation of task-
specific hazards

[[Page 22492]]

that create risk. The risk management element identifies the 
circumstantial issues that aviators must consider in association with a 
particular task. Furthermore, risk management sections in each ACS 
translate special emphasis items and abstract terms into specific 
behaviors relevant to each task. Human factors circumstantial issues 
have been identified by the National Transportation Safety Board (NTSB) 
incident and accident reports, which include distractions and 
expectation bias as factors.\44\ Furthermore, risk management elements 
like distractions, task prioritization, loss of situational awareness, 
disorientation, and confirmation expectation bias are observable risk 
management behaviors that are required to be evaluated. The references 
identified within each task provide additional information on the 
objective and task elements, which includes FAA guidance documents. As 
such, the Human Factors task found in the Airplane ACS provides 
reference material that leads to the FAA Risk Management Handbook (FAA-
H-8083-2, Pilot's Handbook or Aeronautical Knowledge, and Aeronautical 
Information Manual (AIM), which aligns with these ACS risk management 
elements.
---------------------------------------------------------------------------

    \43\ The Human Factors task is set forth in AOO I, Task H in the 
Private and Commercial Airplane ACS and AOO II, Task A in the Flight 
Instructor Airplane ACS.
    \44\ See, for example, NTSB Reports: DCA22LA126, DCA18IA081, 
DCA06MA064.
---------------------------------------------------------------------------

    Additionally, the commenter also recommended changing the risk 
element ``aeromedical and physiological issues'' to associate with the 
first knowledge element of the Human Factors Task--``Symptoms, 
recognition, causes, effects, and corrective actions associated with 
aeromedical and physiological issues.'' The commenter stated that this 
would allow the examiner the ability to select up to three sub-elements 
and ask the applicant to identify, assess, and mitigate the associated 
risks with those sub-elements. Currently, the ACS addresses the 
commenter's concern as examiners must select at least one knowledge 
element and a risk management element. This allows the examiner to ask 
the applicant to assess risk related to any knowledge element. The FAA 
did not make the requested changes to the risk management elements 
identified in the Airplane ACS Human Factors tasks for the reasons 
noted above.
    The same commenter suggested that the Private, Commercial, and 
Flight Instructor Airplane ACS return to how slow flight was performed 
in the Flight Instructor Airplane PTS, as the commenter asserted that 
the ability to fly an airplane at its absolute minimum controllable 
airspeed proficiently is far more beneficial than merely avoiding the 
stall warning because ``pilots will get used to it.'' The commenter 
also stated that the new method of slow flight implicitly teaches 
pilots dependence on stall warning devices, which, for many airplanes, 
is highly inaccurate and advisory at best.
    The FAA notes that Safety Alert for Operations (SAFO) 17009 \45\ 
identified loss of control in flight to be the leading cause of fatal 
general aviation accidents in the United States and commercial aviation 
worldwide. As a result, the prevention of loss of control in flight in 
general aviation was identified on the National Transportation Safety 
Board's (NTSB) \46\ Most Wanted List of Safety Improvements for 2017. 
With the release of the Private Pilot--Airplane ACS in June 2016, the 
FAA revised the slow flight evaluation standard to reflect maneuvering 
without a stall warning (e.g., aircraft buffet, stall horn, etc.). The 
FAA explained this change in SAFO 16010 \47\ as one approach to 
addressing loss of control in flight accidents in general aviation. One 
of the primary concerns was that because a pilot would no longer be 
evaluated while flying at slow speeds with the airplane near the 
critical angle of attack (AOA), that pilot would not be trained or 
proficient at maneuvering under these conditions or understand what 
happens beyond the stall warning. The FAA asserted in SAFO 16010 and 
maintains the position that a pilot is still expected to ``know and 
understand the aerodynamics behind how the airplane performs from the 
time the stall warning is activated to reaching a full stall.'' The FAA 
also suggested that the pilot can acquire this knowledge in ground 
training and further consolidate it in the airplane while practicing 
the Stall Task skills in the ACS. At the time of the publication of 
SAFO 17009, the FAA reviewed Slow Flight and Stalls AOOs to ensure the 
knowledge, risk management, and skill elements adequately capture what 
a pilot should know, consider, and do relative to each task. As a 
result of that review, the FAA revised the evaluation standards for 
certain tasks for the private pilot airplane and commercial pilot 
airplane practical tests. The FAA continues to adopt this rationale and 
did not implement the requested changes to the maneuvering during slow 
flight tasks to the Private, Commercial, or CFI Airplane ACS.
---------------------------------------------------------------------------

    \45\ FAA SAFO 17009, Airman Certification Standards (ACS): Slow 
Flight and Stalls, May 30, 2017.
    \46\ NTSB 2017-2018 Most Wanted List of Transportation Safety 
Improvements, https://www.ntsb.gov/Advocacy/mwl/Documents/2017-18/MWL-Brochure2017-18.pdf.
    \47\ To avoid confusion the FAA has cancelled SAFO 16010, 
Maneuvering During Slow Flight in an Airplane, and replaced it with 
a more comprehensive discussion in SAFO 17009, Airman Certification 
Standards (ACS): Slow Flight and Stalls.
---------------------------------------------------------------------------

    One commenter commented on several elements pertaining to 
electronic flight bags (EFB). First, the commenter suggested making the 
use of an EFB a separate knowledge element from route planning within 
the Preflight Preparation AOO since an EFB can be used in other 
planning calculations. The commenter also suggested removing EFB as a 
risk element since it is not a significant cause of accidents, 
incidents, or violations and removing it as a skill element since its 
use is implicit in S1, Use an electronic flight bag (EFB), if 
applicable. While the FAA understands the commenter's reasoning for 
wanting a separate knowledge element for EFB, the intention of the 
element is for the applicant to demonstrate the understanding of route 
planning using an EFB if available. The FAA maintains that use of an 
EFB is most appropriate in the risk and skill portions of the practical 
test because use of an EFB presents potential hazards. An applicant who 
supplies or uses an EFB might use it in a manner that can affect the 
safety of the flight, thereby necessitating training and testing on the 
skill necessary for its use and the inherent risk of its use. In 
addition, the skill elements pertaining to an EFB more broadly 
encompass all use of an EFB by the applicant for planning and 
navigation.
ii. Helicopter ACS
    The FAA received several general comments to the Rotorcraft 
Category, Helicopter Class ACS that apply to more than one ACS (i.e., 
suggested changes in the Private Helicopter would result in related 
changes in the Commercial Helicopter, which could, in turn, have 
implications for the Flight Instructor Helicopter ACS). This section 
summarizes and responds to the comments in a generalized fashion rather 
than duplicate explanations per specific ACS.
    One commenter requested a change in the Vertical Takeoff and 
Landing Task under Hovering Maneuvers (AOO IV, Task A, in both the 
Private and Commercial Helicopter ACS) to specify the position 
maintained within 4 feet of a designated point should be with minimal 
aft movement rather than with no aft movement, as currently required. 
The commenter stated that it is unrealistic to require no aft movement 
during the Vertical Takeoff and Landing Task because the applicant may 
not be able to prevent the helicopter from

[[Page 22493]]

moving aft due to variable or gusty winds, particularly in a light 
training helicopter.
    The FAA notes some components of the Hovering Maneuver, Vertical 
Takeoff and Landing task is a demonstration of directional control and 
maintaining a position over the intended hover area, which inherently 
includes rotor safety considerations. The tail rotor of some 
helicopters cannot be seen from the cabin, and it can be difficult to 
judge distance from obstructions. In addition, strong crosswinds and 
tailwinds may require the use of more tail rotor thrust to maintain 
directional control. A consideration to be evaluated prior to the 
flight portion of the practical test is to operate within the 
limitations of the RFM, as well as the applicant's personal minimums. 
Personal minimums are evaluated as part of the Preflight Preparation, 
Human Factors task. Operating within those parameters is a 
demonstration of risk-based decision making and should give the 
applicant opportunity to demonstrate mastery of the aircraft. As 
described in the ACS, evaluators assess the applicant's mastery for 
specified tasks. The failure to take prompt corrective action when 
tolerances are exceeded is an example of one typical area of 
unsatisfactory performance for disqualification of a task. The FAA did 
not implement this change in the adopted ACS and maintains no aft 
movement as the level of expected proficiency for the task to qualify 
for the certificate or rating and maintain the level of safety required 
in operations.
    The same commenter stated the use of the term ``normal'' as it 
applies to the Normal Approach and Landing Task \48\ is arbitrary and 
may vary given different conditions, obstacles, etc. Specifically, the 
commenter sought to replace the standard of normal approach angle and 
rate of closure with ``constant'' approach angle and rate of closure. 
However, the FAA notes that it uses the term ``normal'' intentionally 
to account for a range of conditions pilots may encounter. A descent 
angle is established to provide distinguishing differences between a 
shallow, normal, and steep approach. The Helicopter Flying Handbook, 
FAA-H-8083-21, which is listed as a reference for this particular task, 
describes a normal approach technique as using a descent angle between 
7[deg] and 12[deg], which provides an open range to capture what would 
be considered a ``normal'' maneuver.\49\ This descent angle range of 
5[deg] captures the margin of error that can occur with slight 
variances in a person's normal approach visualized glide angle, but 
still falls within those parameters. Furthermore, the Helicopter Flying 
Handbook defines the differences in glide angles for a shallow approach 
at 3[deg] to 5[deg] and a steep approach at 13[deg] to 15[deg].
---------------------------------------------------------------------------

    \48\ The FAA revised the task name ``Normal Approach and 
Landing'' to ``Normal and Crosswind Approach'' pursuant to comments, 
as set forth in the Record of Changes in section IV.D., Table 3 of 
this preamble.
    \49\ FAA-H-8083-21, Helicopter Flying Handbook (2019), Chapter 
9: Basic Flight Maneuvers, Approaches, Normal Approach to Hover (pp. 
9-19).
---------------------------------------------------------------------------

    Additionally, the commenter suggested revising an element \50\ 
pertaining to determination of wind direction to remove the option of 
the use of visible wind direction indicators. The commenter stated that 
the element, as currently written, is superfluous. The FAA disagrees 
with the commenter's contention. Helicopters often land and take off 
from off-airport sites, which requires the pilot to determine wind 
direction using various means. The element simply provides the pilot 
the clear option to demonstrate competency determining wind direction 
with or without wind direction indicators.
---------------------------------------------------------------------------

    \50\ The FAA notes that these comments specifically reference 
AOO V, Task G in the Private Helicopter ACS and AOO V, Task B in the 
Commercial Helicopter ACS, but this element appears in numerous 
instances throughout all Helicopter ACS.
---------------------------------------------------------------------------

    The commenter also commented on an element within AOO VI 
(Performance Maneuvers), Task C: Autorotation with Turns in a Single-
Engine Helicopter in both the Private and Commercial Helicopter ACS. 
Specifically, the commenter stated that the skill element that requires 
rolling out of the turn no lower than 300 feet above ground level (AGL) 
along the flight path to the selected landing area should be 
eliminated. The commenter asserted the element is arbitrary and 
unrealistic in some situations since training helicopters may begin the 
autorotation at 500 feet and would not roll out of the turn above 300 
feet. The commenter stated that if the FAA felt elimination was not 
necessary, then the element should simply require roll out no lower 
than the start of the cyclic deceleration.
    The FAA disagrees with the commenter's recommendation to eliminate 
or alternatively modify this skill element because a lower roll out 
altitude decision point increases the risk of helicopter accidents 
during training and practical tests. In response to helicopter 
autorotation training accidents, the FAA published Advisory Circular 
(AC) 61-140, Autorotation Training, (dated August 31, 2016) which 
discusses a study conducted by the FAA and the Joint Helicopter Safety 
Analysis Team regarding helicopter training accidents. The AC outlines 
several safety recommendations, including a 300 feet AGL decision check 
with helicopter maneuvering completed before that point and the 
helicopter properly aligned with the intended landing area. Given the 
Joint Helicopter Safety Analysis Team findings, the FAA finds the 
safety recommendation to complete all turns by 300 feet AGL will 
enhance safety during training and practical tests since this change 
reduces the tendency of the applicant to rush through the turn and 
compromise safety during the maneuver.
    However, in light of the commenter's concern, and to enable pilots 
to rollout from turns no lower than 300 feet AGL, the FAA finds it 
necessary to increase the minimum entry altitude of the maneuver from 
500 feet AGL to 700 feet AGL. Accordingly, the FAA amended appendix 3, 
Operational Requirements, Limitations, & Task Information for 
``Autorotation with Turns in a Single-Engine Helicopter'' to reflect a 
minimum entry altitude of at least 700 feet AGL.
    Next, FSI suggested moving the ``Taxiing with Wheel-type Landing 
Gear'' Task from the Hovering Maneuvers AOO to the Airport and Heliport 
Operations AOO. The FAA disagrees because an evaluator could ask an 
applicant who brings a helicopter with wheel-type landing gear to 
demonstrate the Taxiing with Wheel-type Landing Gear Task on the ground 
or perform a hover taxi, as well as other related Tasks in the Hovering 
Maneuvers AOO.
    The ARAC ACS WG suggested that autorotation Tasks should not 
include a testing standard for accuracy of a selected designated point. 
However, the FAA expects an applicant to select and reach a designated 
point within a given tolerance as part of an autorotation during a 
practical test. By choosing the entry point and autorotating to a 
selected spot, the applicant demonstrates the skill to select and 
maneuver to a suitable landing point should an engine failure occur, 
much like a realistic scenario in the national airspace system (NAS).
    Finally, the ARAC ACS WG noted that the Helicopter ACS use the 
terms IIMC or UIMC, which may lead the aviation industry to assume each 
term has a different meaning. The FAA notes it uses both terms, 
unintended flight in instrument meteorological conditions (UIMC) and 
inadvertent instrument meteorological conditions (IIMC) to describe 
flight in visual meteorological conditions (VMC) continued into

[[Page 22494]]

instrument meteorological conditions (IMC) without the intent to do so. 
Use of either or both terms can inform the public of how aviation 
agencies categorize this event. The FAA introduced UIMC in addition to 
IIMC in the Helicopter Flying Handbook. The FAA understands how 
confusion could arise and has, therefore, removed the word ``or'' from 
the affected ACS element and replaced it with a solidus symbol to read 
``IIMC/UIMC'' to communicate the interchangeability of the phrases and 
acronyms.
iii. Powered-Lift ACS
    While many commenters expressed appreciation to the FAA for 
publication of the six Powered-Lift ACS, commenters also noted 
perceived shortcomings to the Powered-Lift ACS as a whole. Most 
prominently, Embraer S.A., General Aviation Manufacturers Association 
(GAMA), Wisk Aero, and Lilium GmbH made similar comments regarding 
powered-lift and a vertical takeoff and landing (VTOL). The commenters 
urged the FAA to ensure the certification standards properly train and 
qualify airmen, while considering powered-lift's imminent entry into 
commercial operations. However, the commenters indicated that the 
Powered-Lift ACS series does not address the complexities of every type 
of VTOL, eVTOL, or powered-lift under development. For context, Lilium 
specifically provided an example that the required aircraft knowledge 
related to fuel, hydraulic, and pneumatic systems would not apply to 
the all-electric Lilium jet, which does not contain these components. 
As another example, Embraer also expressed concern that multiple tasks 
under the In-Flight Maneuvers AOO within the ATP/Type Rating Powered-
Lift ACS and the High-Altitude Operations AOO within the Commercial 
Pilot for Powered-Lift ACS may not apply to all powered-lift types.
    The FAA notes that it developed the Powered-Lift ACS with the 
understanding that these novel aircraft will possess varied systems and 
operating and handling characteristics such that a rigid airman 
certification framework would be difficult to implement. In other 
words, the FAA understands the flexibility required of the 
corresponding ACS for airman certification. For example, powered-lift 
may be precluded from certain tasks due to the powered-lift's design 
(e.g., stalls or circling approaches) that would be required by the 
ACS. Conversely, a powered-lift may be able to perform a maneuver that 
was not contemplated by the ACS, as adopted in this final rule.
    The FAA maintains that the six Powered-Lift ACS, as adopted in this 
final rule, provide an appropriate practical test foundation for the 
forthcoming powered-lift operations. GAMA echoed this sentiment in a 
comment, emphasizing that the documents provide a suitable initial set 
of standards. Additionally, Joby Aviation acknowledged that the ATP and 
Type Rating for Powered-Lift ACS are relatively flexible and adaptable 
to support new and novel technologies. The FAA notes that while 
industry and working groups provided extensive input and expertise on 
the Powered-Lift ACS, a degree of uncertainty remains regarding the 
addition of discrete tasks for certain powered-lift type ratings based 
on the powered-lift's unique characteristics. Should the Flight 
Standards Board Report (FSBR) and type certification process reveal any 
additional tasks not accounted for in the ACS but considered essential 
to the operation of the specific type of powered-lift, the FAA may set 
forth these tasks in a type-specific appendix to the ACS, subject to 
incorporation by reference in accordance with the APA.
    On June 14, 2023, the FAA published the proposed rule, Integration 
of Powered-Lift: Pilot Certification and Operations; Miscellaneous 
Amendments Related to Rotorcraft and Airplanes.\51\ This NPRM proposed 
certain flexibilities in consideration of the differing powered-lift 
characteristics related to type specific airman certification testing. 
Upon publication of the NPRM, stakeholders had an opportunity to submit 
public comments on the FAA's proposal, including these flexibilities. 
The FAA will consider all significant comments received on the powered-
lift NPRM in the final rule and reconcile the powered-lift final rule 
(and necessary guidance) with this final rule, as appropriate. Once the 
FAA publishes the powered-lift final rule, the FAA will actively engage 
with stakeholders to develop or mitigate Tasks and publish guidance 
specific to differentiating powered-lift types as the FAA and industry 
work to achieve aircraft certification.
---------------------------------------------------------------------------

    \51\ 88 FR 38946.
---------------------------------------------------------------------------

    As it pertains to specific comment from Lilium and Joby, the FAA 
understands the use of the term ``fuel'' rather than the term 
``energy'' could lead individuals to reach the conclusion that this 
term excludes electric propulsion systems. In a prior rulemaking, the 
FAA stated it did not intend to preclude the certification of electric 
propulsion systems or other non-fossil-fuel-based propulsion systems, 
such as provided by certain carbon-based fuels or electrical potential, 
and the FAA maintains that position now.\52\ The term ``fuel systems'' 
also includes a means of storage for the electrical energy provided 
(e.g., batteries that provide energy to an electric motor) or devices 
that generate energy for propulsion (e.g., solar panels or fuel 
cells).\53\ The FAA considers it appropriate to use the term ``engine'' 
for powered-lift electric motors and recognized this in the first 
special conditions for an electric engine in September 2021.\54\
---------------------------------------------------------------------------

    \52\ See Revision of Airworthiness Standards for Normal, 
Utility, Acrobatic, and Commuter Category Airplanes final rule, 81 
FR 96572 (Dec. 30, 2016).
    \53\ For example, Sec.  91.205(b)(9) refers to a ``[f]uel gauge 
indicating the quantity of fuel in each tank.'' In instances such as 
this, the fuel tank may refer to the electric battery that stores 
the energy.
    \54\ Special conditions: magniX USA, Inc., magni350 and magni650 
Model Engines; Electric Engine Airworthiness Standards final special 
conditions, 86 FR 53508 (Sep. 27, 2021).
---------------------------------------------------------------------------

    Joby stated that elements with applicability qualifiers and 
references to appendix 3 of the ACS create redundancy and confusion. 
Specifically, a portion of appendix 3, Equipment Requirements & 
Limitations, states that an evaluator is expected to test the 
applicant's knowledge of the systems that are available or installed 
and operative during the ground and flight portions of the practical 
test. Joby stated this indicates a pilot should only be checked in 
accordance with the aircraft's equipment, but that certain 
applicability modifiers \55\ used throughout the ACS introduce 
confusion by implying items without the modifier are required, even if 
the aircraft isn't equipped accordingly. Joby proposed the removal of 
all applicability language from the element and, instead, suggested 
reinforcement of the applicability of appendix 3 language to all 
elements.
---------------------------------------------------------------------------

    \55\ Joby refers to phrases such as ``as applicable,'' ``if 
applicable,'' ``if equipped,'' ``if installed,'' ``if available,'' 
and ``as applicable,'' and similar language.
---------------------------------------------------------------------------

    The FAA did not remove applicability language in the adopted ACS. 
As previously discussed in this section, the FAA understands that some 
powered-lift will not be equipped with certain equipment that may be 
required in these foundational ACS, just as some equipment and elements 
in airplane and helicopter ACS are inapplicable to some airplanes and 
helicopter. Additionally, due to emerging technology and active 
aircraft certification projects, the FAA cannot determine which one 
statement would be applicable to all powered-lift aircraft and cannot 
address this issue without more input from stakeholders,

[[Page 22495]]

as intended through an aircraft's certification process and Flight 
Standards Board. These key processes will inform airman certification 
frameworks for each specific powered-lift type.
    Next, Joby noted that the ACS documents should not introduce new 
requirements not found in part 61 without also modifying part 61. Joby 
cited a few examples, including aviation security concerns, required 
use of safety restraint systems, and passenger safety briefings. Joby 
stated that these items are already captured more broadly in Area of 
Operation I, Preflight Preparation, Task E, The Code of Federal 
Regulations. The FAA did not adopt Joby's recommendation. The FAA seeks 
to place elements in Tasks where they fit logically as part of an Area 
of Operation and Task and maintains transparency in knowledge and 
testing expectations through explicit elements. Specifically, because 
Areas of Operation in part 61 are extensive in scope and limited in 
detail, a Task or element might not be referenced in 14 CFR. The items 
identified by Joby are appropriate elements of preflight procedures, 
thus FAA has placed them in AOO II, Preflight Procedures, consistent 
with the same requirements in the airplane and rotorcraft ACS. Because 
IBR is a process by which content is made regulatory, these items have 
the same standing as the areas of operation listed in part 61.\56\
---------------------------------------------------------------------------

    \56\ If the FAA determined that a testing task was required to 
determine the pilot's proficiency, but that task did not properly 
fit under an existing area of operation, the FAA would revise the 
areas of operation in part 61 to accommodate the new testing task. 
The FAA most recently did this in the Operations of Small Unmanned 
Aircraft Systems over People final rule (86 FR 4314, Jan. 15, 2021) 
when it added night operations and operations over people to the 
list of knowledge areas for airman certification under part 107.
---------------------------------------------------------------------------

iv. Glider PTS
    The ARAC ACS WG and Soaring Safety Foundation (SSF) provided a list 
of suggested changes to the Glider PTS. The FAA notes that several of 
the items suggested by the ARAC ACS WG and SSF simply set forth 
revisions without explanation, safety rationale, or data for the 
requested change. The FAA notes that many elements already encompass 
the commenters' suggested items.\57\ Commenters also suggested 
amendment of many Fundamentals of Instructing (FOI) elements in the 
Glider Flight Instructor PTS to align with the Aviation Instructor's 
Handbook, which the FAA notes is listed as a reference. The Glider PTS 
is slated to transition to ACS in the future, and the agency may 
consider these items when collaborating with the ARAC ACS WG to draft 
the Glider ACS. To note, the FAA agreed with several suggestions and 
implemented corrections in the Glider PTS adopted with this final rule. 
These accepted changes are detailed in section IV.D of this preamble.
---------------------------------------------------------------------------

    \57\ For example, within the Commercial Glider PTS, the ARAC ACS 
WG suggested modification of the weather Task to include low-level 
wind shear conditions and techniques for avoiding them. The FAA 
notes that evaluators can cover this information when asking the 
applicant to explain hazards associated with flight in the vicinity 
of thunderstorms (item 3). As another example, the ARAC ACS WG 
suggested the addition of self-imposed medical stress in the 
Aeromedical Factors Task (AOO I, Task F). The FAA notes that item 
1.g. (stress and fatigue) within Task F may encompass all types of 
stress, including self-imposed medical stress. Further, The ARAC ACS 
WG suggested adding Notices to Air Missions (NOTAMs) as an item in 
AOO VIII, Navigation, Task B, National Airspace System for the 
Private and Commercial PTS. The FAA notes that Task B (National 
Airspace System) in this AOO includes all necessary information for 
the applicant to function in the NAS and does not exclude NOTAMs.
---------------------------------------------------------------------------

    SSF suggested the addition of clearing procedures in all flight 
maneuver tasks in the Private, Commercial, and Flight Instructor Glider 
PTS. The FAA notes while only some Tasks may list that the applicant 
clears the area before a maneuver, the unsatisfactory performance 
section of the Glider PTS specifically discusses the failure to use 
proper and effective visual scanning techniques to clear the area 
before and while performing maneuvers. Because this is incorporated 
within the practical test via the appendix, the FAA does not see a need 
to add the specific element in each task. When the PTS transitions to 
the ACS, it may be more appropriate to delineate clearing the area as a 
skill task at that time.
    Other SSF comments related to slips with or without the use of drag 
devices during the skill portion of the Slip to Landing Task. The FAA 
notes not all gliders have the capability to demonstrate a slip with 
drag devices extended. Therefore, the Slips to Landing task 
appropriately tests the airman's knowledge of slips with and without 
the use of drag devices. Only the skill element requires a slip without 
the use of drag devices. No justification or safety information was 
provided with the comment, and the FAA did not make a change.\58\
---------------------------------------------------------------------------

    \58\ The SSF referenced an FAA Designee Update from January 2000 
published by the FAA in their justification for changes to the PTS; 
however, the FAA is unable to locate the reference document and, 
therefore, is unable to determine the proposed wording change.
---------------------------------------------------------------------------

v. Commercial Pilot ACS
    As part of FSI's comments encouraging the FAA to strive for 
uniformity within the various ACS and PTS, FSI noted inconsistencies 
pertaining to the Night Operations tasks among the Commercial ACS. 
Specifically, FSI noted that the Commercial Airplane ACS has no Night 
Operations task, while the Commercial Powered-Lift ACS has a designated 
Night Operations task under AOO I, Preflight Preparation, and the 
Commercial Rotorcraft-Helicopter ACS includes the Night Operations task 
under AOO IX, Special Operations. The FAA agrees that for uniformity 
among the ACS Commercial Pilot documents the Night Operations task for 
both Powered-Lift and Helicopter categories now appear in AOO I, 
Preflight Preparation. The helicopter and powered-lift aircraft conduct 
lower altitude operations and off-airport night operations into 
unprepared landing areas, which involve a higher degree of risk due to 
an increase in unpredictability compared to standard airport 
operations. As a result, the FAA included the Night Operations task in 
the Powered-Lift and Helicopter ACS and did not add it to the 
Commercial Airplane ACS.
vi. Instrument Rating and Flight Instructor--Instrument Rating ACS
    The FAA proposed to incorporate by reference five ACS and PTS to 
obtain an instrument rating and/or an instrument instructor rating.\59\ 
Similar to the helicopter comments, some commenters suggested revisions 
for one specific Instrument ACS or PTS that would apply to the entire 
series of instrument and flight instructor-instrument rating standards. 
This section summarizes those comments related to the Instrument ACS 
and PTS and responds accordingly.
---------------------------------------------------------------------------

    \59\ Instrument Rating--Airplane, Instrument Rating--Helicopter, 
Instrument Rating--Powered-Lift; Flight Instructor Instrument--
Airplane and Helicopter, Flight Instructor Instrument--Powered-Lift.
---------------------------------------------------------------------------

    First, one commenter stated that the Instrument Proficiency Check 
(IPC) Task table in the Instrument ACS appendix has no regulatory basis 
and inappropriately mandates a certain minimum number of Tasks within 
the corresponding AOOs mentioned in 14 CFR 61.57. The commenter further 
asserted that the addition of an IPC Task table with specific Tasks 
should not be part of the ACS/PTS IBR rule and should be a separate 
rulemaking process to allow comments on the FAA's selection of Tasks. 
The commenter suggested either (1) removing the IPC requirements from 
the ACS and issuing a subsequent rulemaking to address the topic of IPC 
requirements (with content added to AC 61-98 in the meantime) or

[[Page 22496]]

(2) reissuing the NPRM to solicit comments on the IPC requirements.
    As previously explained, Sec.  61.57(d), prior to this final rule, 
listed the specific AOOs for an IPC. In practice, these AOOs were also 
set forth in the applicable PTS or ACS with an accompanying task table. 
Therefore, in the NPRM, the FAA simply proposed to remove the specific 
AOOs from the regulation itself and, instead, provide a table within 
the applicable ACS in the appendix with the specific AOOs and tasks to 
be tested. The footprint of the IPC was neither expanded nor were 
additional AOOs and tasks added to the IPC ACS and PTS via the tasking 
table. In other words, the previously required minimum AOOs and Tasks 
for an IPC remain unchanged. Additionally, the FAA amended the 
regulatory text for Sec.  61.57(d) to direct a person to the 
appropriate ACS to identify the requirements for an IPC. Within the 
appropriate ACS is an IPC task table that identifies the minimum 
required AOOs and tasks. This change incorporates language to specify 
the minimum requirements of an IPC, but also allows for additional 
tasks if the instructor deems it necessary to determine instrument 
proficiency.
    To illustrate, pursuant to Sec.  61.57(d) prior to this final rule, 
the IPC requirements included at least: air traffic control clearances 
and procedures, flight by reference to instruments, navigation systems, 
instrument approach procedures, emergency operations, and postflight 
procedures. In examining the IPC table in, for example, the Instrument 
Rating--Airplane ACS, the AOOs/Tasks correspond in the following 
manner:

                Table 2--Example Comparison of IPC Tasks
------------------------------------------------------------------------
 Area of operation set forth
 by Sec.   61.57(d)(1) prior    Corresponding AOO/task in the instrument
      to this final rule             rating--Airplane ACS IPC table
------------------------------------------------------------------------
Sec.   61.57(d)(1)(i): Air     AOO III (Air Traffic Control Clearances
 traffic control clearances     and Procedures), Task B: Holding
 and procedures.                Procedures in Air Traffic Control
                                Clearances.
Sec.   61.57(d)(1)(ii):        AOO IV (Flight by Reference to
 Flight by reference to         Instruments), Task B: Recovery from
 instruments.                   Unusual Flight Attitudes in Flight by
                                Reference.
Sec.   61.57(d)(1)(iii):       AOO V (Navigation Systems), Task A:
 Navigation systems.            Intercepting and Tracking Navigational
                                Systems and DME Arcs.
Sec.   61.57(d)(1)(iv):        AOO VI (Instrument Approach Procedures),
 Instrument approach            All Tasks.
 procedures.
Sec.   61.57(d)(1)(v):         AOO VII (Emergency Operations), Task B:
 Emergency operations.          One Engine Inoperative (Simulated)
                                during Straight-and-Level Flight and
                                Turns; Task C: Instrument Approach and
                                landing with an Inoperative Engine
                                (Simulated); and Task D: Approach with
                                Loss of Primary Flight Instrument
                                Indicators.
Sec.   61.57(d)(1)(vi):        AOO VIII (Postflight Procedures), All
 Postflight procedures.         Tasks.
------------------------------------------------------------------------

    The commenter stated that the tasking table would transform the 
task table from strong guidance about what the FAA considers a 
representative set of tasks to affirmative regulations mandating the 
use of the task table, thereby decreasing a flight instructor's 
discretion in conducting the IPC. As illustrated in the table, the 
tasking table does narrow some of the AOOs; however, the evaluator 
retains discretion to select multiple knowledge and risk management 
elements within those tasks. Additionally, where the FAA narrowed the 
area of operation to a task, it does not change the parameters expected 
of the check. An evaluator would cover such tasks under Sec.  
61.57(d)(1) as written prior to this final rule and, therefore, the 
table does not add any additional requirements to the proficiency 
check.
    Finally, to the extent that the commenter suggested the ACS and PTS 
documents were not an appropriate means to establish the IPC 
requirements, because an IPC is designed to ensure that a pilot has 
maintained the instrument skills required for initial certification, 
the FAA deems the ACS and PTS the appropriate mechanism to delineate 
the necessary tasks for an IPC. The FAA notes that this rulemaking 
extended an opportunity for the regulated community to provide comments 
related to any and all of the ACS and PTS, which included substantive 
comments on required tasks and content contained in the appendices.
    Relatedly, the ARAC ACS WG commented that Sec.  61.57(d) does not 
incorporate ACS-8, the Instrument Rating--Airplane ACS, by reference. 
Based on the comment provided, the FAA could not determine the 
rationale behind the ARAC ACS WG's perception. The language, as adopted 
by this final rule, requires that an IPC must include the AOOs 
contained in the applicable ACS, incorporated by reference by Sec.  
61.14 as listed in new appendix A to part 61 appropriate to the rating 
held. Appendix A to part 61 provides that the Instrument Rating--
Airplane ACS, as set forth in Sec.  61.14, applies to a person seeking 
an Instrument Proficiency Check--Airplane.
    Further, the ARAC ACS WG commented on the required tasks set forth 
by the IPC table pertaining to AOO VI (Instrument Approach Procedures) 
stating that the IPC table should only require one non-precision 
approach and not require all tasks in the AOO, which effectively 
requires evaluation of two different non-precision approaches via Task 
A and the note regarding that task in appendix 3. As the FAA previously 
stated, an IPC is designed to ensure that a pilot has maintained the 
instrument skills required for initial certification. Additionally, it 
is possible a pilot could be non-current for many years, prior to 
fulfilling the IPC requirements. As a result, in the interest of 
safety, the FAA did not change the requirement.
    Additionally, the ARAC ACS WG sought confirmation regarding a 
revision to Localizer Performance with Vertical guidance (LPV) 
approaches. Specifically, the ARAC ACS WG noted that the testing 
standard within the published Instrument Rating--Airplane ACS prior to 
this final rule (FAA-S-ACS-8B) considers the LPV approaches to be non-
precision if the Decision Altitude (DA) is more than 300 feet and 
precision if the DA is less than 300 feet. The ARAC ACS WG stated that 
the Instrument Rating--Airplane ACS set forth with the NPRM to this 
final rule (FAA-S-ACS-8C) does not address LPV as in the past and 
sought confirmation as to whether this change was intentional. The FAA 
notes that it made this change intentionally to align the Instrument 
ACS with the criteria in Advisory Circular (AC) 90-107, Guidance for 
Localizer Performance with Vertical Guidance and Localizer Performance 
without Vertical Guidance

[[Page 22497]]

Approach Operations in the U.S. National Airspace System. Because a 
precision approach includes any approach flown to a DA with approved 
vertical guidance, the FAA removed the 300 feet height above touchdown 
(HAT) in all category Instrument ACS and the Flight Instructor--
Instrument ACS, as criteria to determine whether an RNAV (RNP) or RNAV 
(GPS) approach with LPV published minimums could count as a precision 
approach during a practical test. Appendix 3: Aircraft, Equipment, and 
Operational Requirements & Limitations for Precision Approach, states 
that an applicant must accomplish a precision approach to the decision 
altitude (DA) using aircraft navigational equipment for centerline and 
vertical guidance and that precision approach is a standard instrument 
approach procedure to a published decision altitude using provided 
approved vertical guidance.
vii. Private Pilot PTS
    One commenter suggested including elements in the Private Pilot PTS 
on the subject area of knowledge and proficiency in conducting a post-
flight self-review. The commenter contended that post-flight self-
checks are important for continued improvement and should include 
knowledge and proficiency in National Aeronautics and Space 
Administration (NASA) Aviation Safety Reports, NTSB accident reports, 
and how the FAA WINGS program can help applicants with improving and 
maintaining knowledge, skills, and proficiency. The FAA encourages 
pilots at all levels to continually evaluate their performance before, 
during, and after any flight operation, but notes that making a post-
flight review part of the practical test could affect the post-flight 
task in all ACS and PTS documents. The FAA also describes a post-flight 
analysis in the Pilot's Handbook of Aeronautical Knowledge, FAA-H-8083-
25, which states, ``when you have safely secured the airplane, take the 
time to review and analyze the flight as objectively as you can. 
Mistakes and judgment errors are inevitable; the most important thing 
is for you [pilot applicant] to recognize, analyze, and learn from them 
before your next flight.'' This does not prevent a pilot from using 
additional means of research and resources during their analysis. 
However, the FAA does not test an applicant's ability to conduct a 
post-flight self-evaluation at the conclusion of any practical test. 
The FAA requires the evaluator to perform a post-flight briefing of the 
applicant's performance.\60\ Therefore, adding a standard for an 
applicant to conduct a post-flight self-assessment, review of aviation 
safety reporting, or search of the NTSB database would be superfluous 
to the responsibilities of an evaluator.
---------------------------------------------------------------------------

    \60\ See FAA Order 8900.1, Volume 5, Chapter 2, Section 1, 
Paragraph 5-222.
---------------------------------------------------------------------------

2. Specific ACS Comments
i. FAA-S-ACS-11A, ATP and Type Rating for Airplane ACS, November 2023
    As part of FSI's broader notation that the ACS in general should 
align as much as possible in structure, content, layout, and tasks, FSI 
suggested a number of specific revisions to the ATP and Type Rating for 
Airplane ACS (referred to as the ATP Airplane ACS for purposes of this 
section) to encourage uniformity. First, FSI commented that the ATP 
Airplane ACS does not contain a Removal of VFR Type Rating table while 
the Powered-Lift ATP ACS does. The FAA notes that the Airplane ATP ACS 
includes a type rating limited to VFR table for a type rating practical 
test conducted in aircraft not capable of instrument flight. No table 
exists for testing to remove this specific limitation as the specific 
airplane type does not have IFR capability. On the contrary, powered-
lift that are capable of instrument maneuvers and procedures present a 
situation that differs from other categories of aircraft because the 
FAA has not previously required a type rating for each type of aircraft 
that falls within a broad category of aircraft. Therefore, the Powered-
Lift ATP ACS includes a VFR only table for the purposes of initial 
certification to coincide with the Powered-Lift NPRM (as previously 
discussed) that proposes a Special Federal Aviation Regulation (SFAR) 
for alternate eligibility requirements to safely certificate initial 
groups of powered-lift pilots. As a result, the ACS documents cannot 
succinctly align regarding the Removal of VFR Type Rating Table.
    FSI also suggested adding flightdeck management to the Airplane ATP 
ACS for uniformity of content. The FAA notes that the ATP Airplane ACS 
currently encompasses the flightdeck management concept and includes it 
throughout the ACS. Examples of flightdeck management are: AOO II, Task 
C, K6, which requires applicants to demonstrate understanding of 
appropriate flightdeck activities prior to taxi and AOO I Task E, Air 
Carrier Operations, which requires applicants to exhibit the skill to 
apply crew resource management (CRM) principles in a crew environment. 
As a result, the FAA is not amending the Airplane ATP ACS, as the 
flightdeck management concept is already present.
    One commenter asked for clarification in appendix 3 of the ATP 
Airplane ACS, specifically pertaining to AOO V., Stall Prevention. 
Within Tasks A, B, and C, the appendix states that when accomplished in 
a flight simulation training device (FSTD), stall entries should be 
consistent with the expected operational environment for a stall in 
cruise flight with no minimum entry altitude defined. The commenter 
inquired whether ``expected operational environment'' means something 
similar to a scenario-based event or actually performing the stall 
event at the location and operation of flight where the stall would 
occur (e.g., from the landing configuration stall at the minimum 
descent altitude for a non-precision approach in IMC conditions). The 
FAA notes that air agencies and air carriers using FSTDs train stall 
recovery procedures using realistic scenarios that have no need to meet 
the altitude recovery limits that apply to practical tests conducted in 
an actual airplane. Therefore, the note in the appendix simply allows 
for scenario-based testing of the stall prevention task using an FSTD 
that mimics real world experiences in an operational environment (e.g., 
weather, airspace, hazards, etc.) to meet the flight testing objectives 
without an altitude limitation. In other words, the evaluator should 
design the scenario such that the stall prevention occurs at a point 
that provides realistic testing.
    The same commenter noted the ATP Airplane ACS appendix 3 contains 
information pertaining to a part 25 or Sec.  23.3(d) commuter 
multiengine airplane. The commenter noted that 14 CFR 23.3 is an 
obsolete regulation. The FAA agrees; however, air carriers and 
operators still use aircraft certificated under the obsolete regulation 
and the statement applies to those aircraft. The FAA modified the 
sentence to clarify that these airplanes were certificated as commuter 
multiengine airplanes under 14 CFR part 23, historical Sec.  
23.3(d).\61\
---------------------------------------------------------------------------

    \61\ 14 CFR 23.3(d) provided that the commuter category is 
limited to multiengine airplanes that have a seating configuration, 
excluding pilot seats, of 19 or less, and a maximum certificated 
takeoff weight of 19,000 pounds or less. The commuter category 
operation is limited to any maneuver incident to normal flying, 
stalls (except whip stalls), and steep turns, in which the angle of 
bank is not more than 60 degrees. In 2016, part 23 was reorganized 
pursuant to the Small Airplane Revitalization Act of 2013 (Pub. L. 
113-53, 49 U.S.C. 44704 note), resulting in the relocation and 
revision of Sec.  23.3(d). See Revision of Airworthiness Standards 
for Normal, Utility, Acrobatic, and Commuter Category Aircraft final 
rule, 81 FR 96572 (Dec. 30, 2016).

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

[[Page 22498]]

    A commenter suggested using ``must'' instead of ``shall'' in 
appendix 1 of the ATP Airplane ACS (which would result in a change to 
all ACS as boilerplate language). The FAA acknowledges that FAA Order 
1000.36 (FAA Writing Standards) advises against the use of ``shall'' 
and recommends the use of ``must'' to impose requirements. The FAA 
retained the use of ``shall'' in this single instance and notes that it 
has the meaning set forth in 14 CFR 1.3.\62\ Consistent with that 
meaning, its use constitutes a requirement for examiners.
---------------------------------------------------------------------------

    \62\ Under FAA's rules of construction in 14 CFR 1.3, the term 
``shall'' is used in the imperative sense meaning it is a directive 
or command.
---------------------------------------------------------------------------

ii. FAA-S-ACS-17, ATP and Type Rating for Powered-Lift ACS, November 
2023
    As previously noted, FSI suggested that the content of the ATP ACS 
for airplane, helicopter, and powered-lift should align as much as 
possible and, specifically, include second-in-command (SIC) in appendix 
1 of the ATP and Type Rating for Powered-Lift ACS (referred to as the 
ATP Powered-Lift ACS for purposes of this section). While the FAA is in 
favor of uniformity where appropriate, in this case, the ACS are 
intentionally designed to be different. The Airline Transport Pilot and 
Type Rating for Airplane Category ACS specifically addresses a 
``Second-In-Command Required'' Limitation that is specific to aircraft 
that allow for a pilot flight crew compliment of single or dual crew as 
required by Sec.  61.43(b). This table is not applicable to powered-
lift aircraft at this time and therefore not listed in appendix 1 of 
the ATP and Type Rating for Powered-Lift ACS.
    FSI suggested the inclusion of an Air Carrier Operations Task in 
the ATP Powered-Lift ACS, specifically in AOO I (Preflight 
Preparation), stating that operators plan to use powered-lift in part 
135 operations and most of the knowledge tasks apply to obtaining an 
ATP certificate in powered-lift. While the FAA understands FSI's 
reasoning for seeking addition of this task to the powered-lift ACS, 
the FAA first notes that the air carrier operations task was derived 
from Public Law 111-216, section 217, to apply to airplane multi-engine 
operations, specifically. Because the task is narrowly tailored to a 
different aircraft, the FAA requires additional operating information 
pertaining to powered-lift before analyzing the applicability of the 
task into the ATP Powered-Lift ACS. Additionally, powered-lift 
operations are not yet envisioned for part 121 air carriers. To 
mitigate the safety risk in part 135 operation, the FAA relies jointly 
on (1) practical testing with the use of the ACS and incorporation of 
part 135 regulations (e.g., AOO I, Task E; AOO II, Task A) and (2) the 
approved part 135 training and checking programs, contemplated by the 
powered-lift NPRM and forthcoming final rule (as previously discussed). 
As industry expands into part 121 operations and the FAA garners the 
requisite information on powered-lift air carrier operations, the FAA 
may consider adding an Air Carrier Operations Task to the ATP Powered-
Lift ACS similar to that in the ATP Airplane ACS.
    The ARAC ACS WG commented that the Steep Approach Task and other 
Tasks specific to landing set forth in the ATP Powered-Lift ACS exist 
in the Private and Commercial Powered-Lift ACS, and the FAA should not 
test the same Tasks at the ATP and Type Rating level because it creates 
redundant testing. The FAA notes that there are some tasks throughout 
certificate levels that require duplicate testing. Due to the array of 
differing characteristics and capabilities of aircraft being pursued by 
industry, as well as pending airman certification pathways, the FAA 
continues to require these crucial approach and landing maneuvers in 
each respective certificate level at this time.
    FSI made several discrete points suggesting the FAA reorganize the 
ATP Powered-Lift ACS to align with the ATP Airplane ACS or for 
preferred categorization under an AOO.\63\ Some of these suggestions 
included removing AOO VI (Landings and Approaches to Landings), 
consolidating landing and hover tasks within AOO III (Takeoffs and 
Landings), and retitling requisite AOOs to mirror those ATP Airplane 
AOOs. The FAA notes this would require a substantial overhaul to 
include removing, consolidating, and reorganizing both AOOs, tasks, and 
elements. Changes of this nature would also require further revisions 
to regulatory text within Sec.  61.157 to align the AOOs. The unique 
characteristics of airplanes, rotorcraft, and powered-lift, which 
differ as independent categories of aircraft, require varied AOOs and 
tasks for airman certification purposes. While the FAA recognizes a 
desire to have the ACS as uniform as possible across categories and 
classes of aircraft, the FAA does not find it feasible from an 
efficiency or safety perspective to overhaul the Powered-Lift ACS as 
proposed.
---------------------------------------------------------------------------

    \63\ The FAA notes that FSI also made several suggestions to the 
commercial ACS with this same rationale. This section generally 
responds to the breadth of uniformity concerns.
---------------------------------------------------------------------------

    Joby remarked that some elements are inconsistent between the ATP 
Powered-Lift ACS and other ACS documents. Joby questioned why the 
battery used for propulsion element was only in the ATP Powered-Lift 
ACS. The FAA notes that the knowledge element ``Battery(s) used for 
propulsion-charging, discharging, and condition, as applicable'' is 
appropriate for testing at most levels of airman certification for 
powered-lift and, therefore, added it to the final Private, Commercial, 
and Flight Instructor ACS.\64\ Adding this element provides the level 
of detail needed to adequately evaluate an applicant's knowledge of 
this unique topic as this relates to the necessity of electrical energy 
storage or devices that generate energy for propulsion specific to some 
powered-lift aircraft and otherwise would not be adequately examined 
prior to reaching the ATP certificate level. The FAA did not add this 
element to the Instrument or the Flight Instructor--Instrument ACS as 
those documents focus on aircraft systems related to instrument flight, 
as do the other Instrument ACS. In the building block approach to pilot 
certification, these items would be covered in prior testing (e.g., at 
the private and/or commercial level).
---------------------------------------------------------------------------

    \64\ This element is in AOO I, Task G. Operation of Systems in 
the Private and Commercial Powered-Lift ACS and under AOO II, Task 
E. Flight Controls and Systems in the Flight Instructor ACS.
---------------------------------------------------------------------------

    Additionally, Joby also questioned why distractions, task 
prioritization, loss of situational awareness, and disorientation were 
excluded from several tasks. The FAA did not add the risk management 
element pertaining to the identification, assessment, and mitigation of 
distractions, task prioritization, loss of situational awareness, or 
disorientation to each risk management section of the ATP Powered-Lift 
ACS. The FAA intentionally assigned that element where appropriate 
throughout the ATP Powered-Lift ACS. The FAA does not use identical and 
redundant language in each risk management section in an effort to 
better highlight applicable elements related to distraction in context. 
This is done to tailor the possible risks to the task rather than 
facilitate redundancy. For example, some risk management elements 
include ``passenger distractions'' or ``division of attention.''
    Furthermore, Joby also questioned whether ``coordinate with crew, 
as

[[Page 22499]]

applicable,'' and ``use SRM or CRM, as appropriate'' were synonymous, 
as Joby noted inconsistency when one element appeared in some skills 
but both elements appeared in other skills. The FAA notes the skill 
element referred to in these tasks specify ``coordinate with crew, if 
applicable, and complete the appropriate checklist(s) in a timely 
manner'' and ``[u]se single-pilot resource management (SRM) or crew 
resource management (CRM), as appropriate.'' The FAA does not find 
these two skill elements are intended to be synonymous. The first skill 
element described is specific to the responsibility of checklist usage, 
while the following skill is specific to SRM or CRM principles, which 
includes the effective use of all available resources.
    Finally, Joby suggested that AOO I, Preflight Preparation, Task E, 
The Code of Federal Regulations, should apply to all applicants for 
type ratings, not only be tested during ATP certificate tests. The FAA 
did not make this change, as the type rating test focuses more on the 
unique aspects of the specific aircraft type to ensure a person is 
qualified to act as PIC of that type of aircraft. Additionally, the FAA 
seeks to reduce redundancy of testing over basic elements. This matches 
the expectations set forth in the ATP and Type Rating Airplane ACS.
iii. FAA-S-ACS-2, Commercial Pilot for Rotorcraft Category Helicopter 
Rating ACS, November 2023
    Members of the ARAC Helicopter ACS WG and U.S. Helicopter Safety 
Team collectively submitted comprehensive comments to the Commercial 
Pilot for Rotorcraft Category Helicopter Rating ACS, some of which were 
echoed by GAMA.\65\ The group summarized their efforts to draft the 
helicopter ACS to include advancements in aircraft equipment and 
avionics and expressed concern that the drafts submitted to the FAA did 
not resemble the drafts that accompanied the NPRM. The FAA duly 
considered the group's comments and underscores its appreciation to the 
ARAC ACS WG for their work to continually improve and update the ACS in 
collaboration with the FAA. As explained in this section, the FAA did 
not implement some of the suggested changes. However, the table 
contained in section IV.D. of this preamble illustrates those changes 
that the FAA felt appropriate to make at this time.
---------------------------------------------------------------------------

    \65\ The group, which includes the ARAC Helicopter ACS WG, U.S. 
Helicopter Safety Team, and GAMA, noted that their comments 
highlight only the Commercial Pilot Rotorcraft Category, Helicopter 
Class ACS, but that many of their comments could apply to the 
Private Pilot Rotorcraft Category, Helicopter Class ACS as well. 
Because the comments specifically addressed the Commercial ACS, the 
FAA responded to the comments in the commercial context.
---------------------------------------------------------------------------

    One prominent comment by the group detailed the four additional 
maneuvers developed by the ARAC ACS WG for their draft commercial 
helicopter test to ensure the commercial test is more in-depth than the 
private test: (1) advanced autorotations, (2) flight solely by 
reference to instruments, (3) recovery from unusual attitudes, and (4) 
hover out-of-ground effect. The group acknowledged the FAA's addition 
of unusual attitude recoveries (AOO VII, Task L) as proposed in the 
FAA's draft ACS. The FAA notes that the Commercial Helicopter ACS 
adopted in this final rule includes the group's suggested task of 
flight solely by reference to instruments, as subsequently discussed. 
This section also contains discussion on the FAA's decision at this 
time to exclude the two remaining tasks.
    Foreword and Appendices. First, the group noted that the foreword 
in the ACS gives little explanation about the ACS, which it considers 
significant because the majority of the helicopter community will be 
transitioning from the PTS testing format to the ACS. Additionally, the 
group noted that certain appendices have been eliminated, namely the 
References (formerly appendix 9) and Abbreviations and Acronyms 
(formerly appendix 10). The FAA did not eliminate this information but 
simply relocated it. Interested parties can find more information about 
the use of the ACS within the ACS Companion Guide for Pilots, as well 
as numerous resources provided by the FAA on the FAA's Airman 
Certification website.\66\ Additionally, the Abbreviations and Acronyms 
appendix was relocated to section 6 of the ACS Companion Guide for 
Pilots, and conforming revisions were made within the ACS to ensure 
consistency in abbreviation and acronym usage. Further, rather than a 
single page of references for each ACS, the entire set of references 
moved to section 5 of the ACS Companion Guide for Pilots.
---------------------------------------------------------------------------

    \66\ Airman Certification Standards [verbar] Federal Aviation 
Administration (faa.gov).
---------------------------------------------------------------------------

    Area of Operation II (Preflight Procedures). The group stated that 
the skill element within Task D (Before Takeoff Check) requiring an 
applicant to maintain powerplant and main rotor speed (Nr) within 
normal limits is nonsensical because the aircraft is not flying during 
this Task. The FAA notes the Task requires the applicant to first 
perform the ``Complete the appropriate checklist(s)'' skill element, 
which includes setting and maintaining the power and main rotor speed 
within normal limits per the manufacturer's POH or RFM, prior to the 
helicopter becoming airborne. Therefore, this skill element is feasible 
for pre-takeoff activity, and the FAA kept the skill element. 
Helicopters may maintain power and rotor speed in different ways while 
on the ground and prior to takeoff. In some aircraft, the pilot manages 
the powerplant and main rotor speed operational limits through throttle 
manipulation. Some manufacturers will require the pilot to increase 
throttle to the normal operational range and manually maintain those 
parameters. Some helicopter manufacturers' ``before takeoff 
checklists'' include the pilot setting the throttle to the normal 
operating position and then the aircraft maintains the normal operating 
limitations while the pilot monitors those parameters in the event 
conditions require intervention. As part of the before takeoff 
sequence, pilot responsibility includes maintaining the powerplant and 
main rotor speeds within the normal operating limits regardless of the 
design features of the helicopter. Further, the inadequate management 
of powerplant and main rotor normal operating limits prior to takeoff 
could result in aircraft damage (i.e., powerplant and main rotor 
overspeed).
    Area of Operation IV (Hovering Maneuvers). The group suggested that 
various hovering maneuvers should exclude the requirement for an 
applicant to complete the appropriate checklist because there are 
hovering maneuvers where checklists do not exist. The group stated 
that, in turn, this makes the skill superfluous and broad. The FAA 
retained the skill element of completing the appropriate checklist in 
the adopted ACS since a practical test determines an applicant 
possesses the skill to perform all Tasks without missing critical 
steps. The FAA recognizes that, in certain situations, the helicopter 
pilot may not have time to review the checklist immediately due to the 
complexity of the helicopter or the maneuver, or a checklist may not 
correspond to a particular maneuver in real operations. For this 
reason, the ACS uses the modifier ``appropriate'' within the skill 
element.
    Area of Operation V (Takeoffs, Landings, and Go-Arounds). The group 
noted that the FAA used the title ``Maximum Performance Takeoff and 
Climb'' rather than ``Advanced Takeoff Profile and Climb,'' as set 
forth in the group's draft. The group stated that

[[Page 22500]]

maximum power is not required and the Helicopter Flying Handbook allows 
for different climb profiles, which seems better embodied by the title 
set forth by the group. The FAA notes that the skill elements within 
this Task do not require the applicant to use maximum power, but the 
takeoff power necessary, or power as specified by the evaluator to 
maximize the takeoff performance and safely complete the Task. Pilots 
must take operational considerations into account to minimize the risk 
of exposure in the H/V diagram when clearing obstacles. The FAA did not 
implement the change to the term ``advanced'' as this may minimize the 
risk that applies to similar Tasks and the FAA kept the Task title as 
published in the NPRM.
    Area of Operation VI (Performance Maneuvers). First, the group 
noted that a study conducted by the U.S. Helicopter Safety Team 
reported that 30% of helicopter training accidents occur in practice 
autorotations. Therefore, the group emphasized that the FAA should 
adequately update and address corresponding autorotation training in 
the Helicopter ACS, whether in the tasks themselves or in the 
appendices. The group stated that elements within the Straight-In 
Autorotation in a Single Engine Helicopter require refinement for 
safety purposes. Specifically, the group noted that the Helicopter 
Flight Manual defines a straight-in autorotation as not having any 
turns; however, the elements under this task imply turns are necessary 
to avoid undershooting or overshooting. The group urged the FAA to 
correct this inconsistency by revising the title of the Task to ``Basic 
Autorotation'' and eliminating certain turning and accuracy skills.
    The FAA agrees that AOO VI, Performance Maneuvers, Task B,. 
Straight-In Autorotations in a Single-Engine Helicopter, describes an 
autorotation made from altitude with no turns. The Helicopter Flying 
Handbook includes several factors that affect the rate of descent in 
autorotations, including bank angle, density altitude, gross weight, 
rotor RPM, trim condition, and airspeed. It further details the primary 
ways to control the rate of descent including airspeed and rotor 
RPM.\67\ The term ``maneuver'' may refer to banking or turning and 
would also include pitch attitude adjustments for airspeed changes to 
avoid undershooting or overshooting. The FAA agrees that straight-in 
autorotation entry location and altitude should set task tolerances so 
the applicant can arrive at the chosen termination point without 
requiring turning techniques. For clarity, the FAA changed the skill 
element to remove the word ``maneuver,'' and replaced it with the 
language proposed in the ARAC ACS WG's Commercial Helicopter draft that 
stated, ``Compensate for wind speed and direction as necessary to avoid 
undershooting or overshooting the selected landing area.'' The FAA 
applied this change to the Private Pilot and Flight Instructor 
Helicopter ACS for consistency. Further, the FAA maintains the term 
Straight-in Autorotation describes the autorotation set forth by the 
elements within the Task most accurately and did not adopt the change 
to the task name as suggested.
---------------------------------------------------------------------------

    \67\ FAA-H-8083-21B, Helicopter Flying Handbook (2019), Chapter 
11: Helicopter Emergences and Hazards (p. 11-2).
---------------------------------------------------------------------------

    Next, the ARAC ACS WG stated that the Autorotation with Turn Task 
should test an applicant's ability to make an autorotation with a 90-
to-180-degree turn. The group asserted that, while the Helicopter 
Flying Handbook and ACS as proposed with the NPRM uses the term 
``Autorotation with Turn,'' the Handbook defines the most common turns 
in an autorotation as 90 degrees and 180 degrees. The group notes that 
ACS proposed in the NPRM requires a turn of 180[deg], not 170[deg] or 
160[deg], which would be within the parameters of the Handbook's 
definition of most common autorotation. The group stated that a larger 
margin is necessary where the Handbook provides a broader range of 
common autorotations, especially to account for crosswind or ATC 
corrections and considerations.
    The FAA disagrees and notes the applicant may demonstrate an 
autorotation with turns with either two 90-degree turns in the same 
direction or one continuous turn of 180 degrees. The Helicopter Flying 
Handbook generally states the most common types of autorotations as 90-
degrees and 180-degrees in the context of two turning options but 
describes the technique with a 180-degree turn.\68\ The FAA expects the 
applicant to demonstrate the ability to turn the helicopter and 
complete the maneuver on a reciprocal track from the entry direction. 
This allows for wind corrections or other considerations to align the 
helicopter with the intended track to the landing area. To provide 
clarity, the FAA removed the note from the Autorotation with Turns Task 
and revised the corresponding language in appendix 3 of the ACS (as 
well as in the Private Pilot and Flight Instructor Helicopter ACS, 
where this issue would also apply). The ACS appendix 3 language 
explains that the 180-degree turn refers to a change in direction with 
respect to ground track, and not an exact reciprocal heading, which 
should account for the group's concerns regarding variations in the 
exact amount of turning on this task.
---------------------------------------------------------------------------

    \68\ FAA-H-8083-21B, Helicopter Flying Handbook (2019), Chapter 
11: Helicopter Emergences and Hazards (p. 11-6).
---------------------------------------------------------------------------

    Next, the group expressed concern that certain tasks pertaining to 
autorotations are only tested for those persons who bring a single-
engine helicopter to the practical test. The group commented that, if 
an applicant brings a multiengine helicopter to the practical test, 
they should have trained and tested autorotations in a multiengine 
helicopter. The group compared the requisite civilian training with 
that of the United States Army, explaining that military primary 
training requires power recovery autorotations in the twin engine UH-
72.
    The FAA notes that autorotations in multiengine helicopters present 
unnecessary risk. Civilian pilots do not perform autorotations in 
multiengine helicopters during practical tests due to the powerplant 
redundancy and the remote likelihood of a dual engine failure in 
civilian operations. The FAA applies similar logic in multiengine 
airplane practical testing, where an applicant is not required to 
simulate failure of all engines. While the FAA does not differentiate 
between single and multiengine helicopter class, because the 
autorotation tasks are an integral piece of the practical test and will 
not be performed in a multiengine helicopter, an applicant who does 
bring a multiengine helicopter for a practical test would be required 
to provide a single-engine helicopter to demonstrate the autorotation 
Tasks, as detailed in appendix 3 of the Helicopter ACS.
    The ARAC ACS WG commented that the FAA did not add the group's 
suggested Advanced Autorotation Task to the Commercial Pilot Helicopter 
ACS. The ARAC ACS WG noted that they referenced Special Federal 
Aviation Regulation (SFAR) No. 73,\69\ enhanced training in 
autorotation procedures flight training requirement to create their 
proposed enhanced autorotations Task. The group explained that the 
Task, titled Advanced Autorotation, would incorporate the ability to 
use a variety of techniques to maneuver the helicopter in an 
autorotation to a specific landing area. The FAA notes

[[Page 22501]]

SFAR No. 73 requires specific pilot training, in addition to the 
requirements of part 61, to respond to the high number of accidents 
involving Robinson model R-22 and R-44 helicopters. However, the FAA 
does not purport to write testing standards for airman certificates and 
ratings for a specific make and model of aircraft. Furthermore, 
elements from the advanced autorotation concept are inherently 
incorporated into AOO VIII., Emergency Operations, Task B. Powerplant 
Failure at Altitude in a Single-Engine Helicopter. This task includes 
skill elements such as maneuvering to avoid undershooting or 
overshooting the selected landing area, which encompasses autorotation 
airspeed and rotor RPM combinations as dictated in the RFM for the 
aircraft used and can include varying bank angle. Therefore, the FAA 
did not add the Advanced Autorotation task at this time.
---------------------------------------------------------------------------

    \69\ SFAR No. 73 was adopted in 1995 (60 FR 11254) to establish 
special training and experience requirements for pilots operating 
the Robinson model R-22 and R-44 helicopters in response to the 
number of accidents involving these models.
---------------------------------------------------------------------------

    Area of Operation VIII (Emergency Operations). As previously 
mentioned, the group proposed to include additional Tasks in the draft 
ACS submitted to the FAA. Specifically, the group stressed that 
inadvertent IMC accidents are a major cause of helicopter fatalities 
and developed two corresponding Tasks to include in the Commercial 
level ACS: (1) Flight Solely by Reference to Instruments and (2) 
Recovery from Unusual Flight Attitudes. The Commercial ACS accompanying 
the NPRM only included the Recovery from Unusual Flight Attitudes Task, 
which the group noted was nonsensical to include, given the exclusion 
of the Flight Solely by Reference to Instruments Task. The group 
described a safety concern where an evaluator may ask the applicant to 
perform an unusual attitude recovery without knowing if the applicant 
could even fly straight and level under the hood.
    Upon review, the FAA agrees with the group regarding the 
relationship between the Flight Solely by Reference to Instruments Task 
and the Recovery from Unusual Flight Attitudes Task and added the 
Flight Solely by Reference to Instruments Task to the Commercial 
Helicopter ACS (as well as the Flight Instructor Helicopter ACS). The 
FAA concurs that this Task allows evaluators an opportunity to assess 
an applicant's ability to control the helicopter by reference to 
instruments before the demonstration of the recovery from unusual 
flight attitudes Task. The Task provides a safety benefit for those 
applicants demonstrating the recovery and results in a de minimis 
addition to the practical test such that it would not substantially 
expand the envelope of the training and testing.
    Miscellaneous. Finally, the group commented that the FAA should 
have included a Hovering Out of Ground Effect (OGE) Task, developed by 
the group, for the Commercial Helicopter ACS. The group supported this 
contention by explaining that commercial pilots generally need to hover 
OGE in commercial operations, are not taught or tested how to do it, 
and end up teaching themselves the requisite skills. The group also 
stated that the importance of performance planning, potential risks, 
and specific techniques for this maneuver are lost. The group stated 
that this maneuver occurs in commercial operations, which would 
indicate that an operator or air carrier could include it in an 
approved training program, where training tailored for a specific 
operation may occur. The FAA notes that AOO I, Preflight Preparation, 
Task F, Performance and Limitations, covers the type of performance 
planning that would apply to OGE hover. As a result, the FAA would rely 
on this task, as well as the part 121 and/or 135 approved training 
programs, to cover this, and did not include this task in the 
Commercial Helicopter ACS.
iv. FAA-S-8081-18A, Commercial Pilot PTS for Lighter-Than-Air Category, 
November 2023
    One commenter recommended two revisions to the Commercial Pilot PTS 
for LTA Balloon. Specifically, within AOO VIII, Performance Maneuvers, 
the commenter questioned why Task F, High Altitude Flight (LBG),\70\ 
only applies to gas balloons (as indicated by the parenthetical LBG 
within the ACS) since balloons with airborne heaters (``hot air 
balloons'') can also achieve high altitudes. The commenter further 
supported the expansion of Task G, Obstacle Avoidance (LBH), and Task 
H, Tethering (LBH), from balloons with airborne heaters to gas balloons 
since those types of balloons also avoid obstacles and tether.
---------------------------------------------------------------------------

    \70\ LBG stands for Lighter-Than-Air, Balloon (Gas); LBH stands 
for Lighter-Than-Air, Balloon (with Airborne Heater).
---------------------------------------------------------------------------

    The FAA notes that balloon pilot certificates are issued with a 
limitation for either airborne heater or gas.\71\ Traditionally, gas 
balloons operate at altitudes above most obstacles, while balloons with 
airborne heaters typically operate closer to terrain. Gas balloons 
tether as a part of the inflation process, which is captured in AOO V, 
Task E Inflation, unlike balloons with airborne heaters, where they 
tether for the purpose of multiple ascents and descents. Therefore, due 
to the low occurrence of obstacle avoidance and tethering functions in 
gas balloons, the FAA sees no reason to expand these testing areas to 
gas balloons. Likewise, while the FAA tests the high-altitude task for 
gas balloons only, the FAA notes that pilots may fly balloons with 
airborne heaters at high altitudes. The elements of high-altitude 
flight for balloons with airborne heat is captured in the AOO III in 
Preflight Preparation, and AOO VIII, Task J Mountain Flying. The FAA 
finds, given the predominant operational footprints for gas balloons 
and balloons with airborne heaters, expanding these testing areas to 
all balloon applicants is not necessary to determine the proficiency to 
act as PIC.
---------------------------------------------------------------------------

    \71\ See 14 CFR 61.115 and 61.133(b). For both the private and 
commercial certificate level, the limitation may be removed when the 
person obtains the required aeronautical experience in the balloon 
comprising the limitation and receives a logbook endorsement from an 
authorized instructor attesting to the accomplishment of such 
experience and ability to satisfactorily operate that sort of 
balloon.
---------------------------------------------------------------------------

v. FAA-S-ACS-25, Flight Instructor for Airplane Category ACS, November 
2023
    One commenter stated that weather knowledge and understanding is 
poor among many pilots, including flight instructors, and it is vital 
for safety for pilots to adequately understand this subject area. The 
commenter specifically noted that the Flight Instructor Airplane ACS 
requires the evaluator to select only three sub-elements from K2 or 
three sub-elements from K3 within AOO III, Preflight Preparation, Task 
C, Weather Information.\72\ The commenter recommended an increase of 
elements for K2 to include all sub-elements and for K3 to include at 
least 5 sub-elements. The FAA notes it did not change the requirements 
within this Task because the sub-elements simply set a minimum standard 
that the evaluator must select ``at least'' three sub-elements. 
Evaluators should ask more than the minimum weather elements if needed 
to determine that the applicant possesses the required knowledge 
pertaining to weather information within the AOO. This minimum 
requirement does not restrict the evaluator from selecting additional 
elements but rather provides flexibility when an applicant demonstrates 
satisfactory knowledge of that Task. Additionally, evaluators may 
question applicants on weather information

[[Page 22502]]

during various Tasks throughout the ACS (e.g., National Airspace System 
within Technical Subject Areas, Preflight Assessment within Preflight 
Procedures) to ensure that an applicant possesses the requisite 
knowledge and skill pertaining to weather information outside of those 
sub-elements within the singular Task C.
---------------------------------------------------------------------------

    \72\ For reference, AI.III.C.K2 is acceptable weather products 
and resources required for preflight planning, current and forecast 
weather for departure, en route, and arrival phases of flight; 
AI.III.C.K3 is meteorology applicable to the departure, en route, 
alternate, and destination under VFR in VMC, including expected 
climate and hazardous conditions.
---------------------------------------------------------------------------

    One commenter suggested removing many of the risk management 
elements in the Fundamentals of Instructing (FOI) AOO of the Flight 
Instructor Airplane ACS (AOO I), stating that Task F, Elements of 
Effective Teaching that Include Risk Management and Accident 
Prevention, sufficiently covers all risk management for this AOO.\73\ 
Additionally, the commenter suggested revising the skill elements in 
the FOI AOO to set forth a single skill element for each of the six FOI 
Tasks. The FAA notes the risk management elements outside of Task F, 
which include tasks associated with human behavior and communication, 
the learning process, course development, and student assessment, 
remain unchanged from the proposed ACS. These risk management areas 
associated with the other Tasks are necessary to evaluate the overall 
effectiveness of an instructor. Additionally, the FAA did not combine 
any skill elements within the FOI AOO in the adopted final draft of the 
ACS due to the itemization of testing codes, which the FAA discusses 
further in section IV.C. of this preamble.
---------------------------------------------------------------------------

    \73\ The risk management element in Task F requires the 
applicant to identify, assess, and mitigate risk associated with 
hazards associated with providing instruction, obstacles to 
maintaining situational awareness during flight instruction, and 
recognizing and managing hazards arising from human behavior, 
including hazardous attitudes.
---------------------------------------------------------------------------

    The ARAC ACS WG commented that all tasks and elements should be 
focused on teaching and application of FOI. Specifically, the group 
stated that some of the tasks have skill elements that state ``deliver 
instruction,'' others say ``teach,'' others have neither, and the FAA 
should revise for consistency throughout. The groups suggested revising 
the stem of the skill elements to state that the applicant demonstrates 
the ability to either (1) deliver instruction ``by teaching how to:'' 
or (2) ``apply learning theories, communication techniques, teaching 
methods, and learning assessment while:'' and then list the skill 
elements and revise as needed to complete the statement. The FAA notes 
that a Flight Instructor ACS generally uses skill lead-ins that include 
demonstration and explanation as opposed to performance alone. However, 
in certain cases, if skill elements specifically mention teaching or 
demonstration, the FAA chose a shorter lead-in to avoid redundancy. For 
example, one skill element AOO X, Task G, Elevator Trim Stall 
Demonstration uses the lead-in, ``The applicant exhibits the skill to: 
describe and demonstrate conditions that lead to an elevator trim stall 
for future avoidance.'' If using the common instructor skill lead-in, 
the skill would read, ``The applicant demonstrates and simultaneously 
explains how to: describe and demonstrate conditions that lead to an 
elevator trim stall for future avoidance.'' As indicated above, the FAA 
believes that this suggestion is already incorporated in the ACS 
document and no further modifications are needed.
    The ARAC ACS WG suggested limiting demonstration of flight 
characteristics at various configurations and airspeeds (AOO X, Task B) 
to ASEL and ASES aircraft only because the task elements were not 
created to mimic the demonstration of effects of various airspeeds and 
configurations during one-engine inoperative performance (AOO XII, Task 
C), which is only applicable to AMEL and AMES. The FAA agrees with the 
ARAC ACS WG's rationale, and the ACS adopted with this final rule 
reflects AOO X, Task B, as applicable to ASEL and ASES only.\74\ 
Specifically, the FAA adjusted a global note, which sets forth the 
Tasks required to be tested in AOO X, to remove Task B as a requirement 
for multiengine applicants. As an outgrowth of this adjustment, the FAA 
added skill sub-elements to the corresponding multiengine skill element 
referenced by the ARAC ACS WG (i.e., Task C of AOO XIII) to communicate 
the expectations for demonstrating smooth control inputs when 
transitioning between various airspeeds and configurations.\75\
---------------------------------------------------------------------------

    \74\ AMEL stands for Airplane Multiengine Land; AMES stands for 
Airplane Multiengine Sea; ASEL stands for Airplane Single-Engine 
Land; ASES stands for Airplane Single-Engine Sea.
    \75\ These sub-elements include demonstrating the skill with 
landing gear extended, wing flaps extended, landing gear and wing 
flaps extended, and windmilling propeller on the inoperative engine.
---------------------------------------------------------------------------

    The ARAC ACS WG requested revisions to Sec.  61.187 (specifically, 
Sec.  61.187(b)(1) and (2)) to exactly align this regulation with the 
AOOs in the ACS. The FAA did not revise Sec.  61.187(b) in this final 
rule. For efficiency, the ACS combined the performance maneuver and 
ground reference AOOs in Sec.  61.187 and the multiengine operations 
appears in the ACS generally (with a designator that the Tasks within 
the AOO apply only to multiengine practical tests), rather than 
separate ACS per class of airplane. Because the ACS applies to both 
single-engine (Sec.  61.187(b)(1)) and multiengine (Sec.  
61.187(b)(2)), the ACS account for both sets of AOOs in cohesion with 
the regulations.
    The ARAC ACS WG commented that the use of the asterisk in the added 
rating tables was not clear, and the FAA should use ``ALL'' in its 
place. The FAA disagrees, as use of the word ``ALL'' implies that the 
applicant would complete all the Tasks in the area of operation in the 
Instructor--Airplane ACS, which would exceed the Tasks required for the 
initial rating. The asterisk requires the evaluator to apply at least 
the required number of Tasks as listed in the Flight Instructor 
Airplane ACS for an added rating as those required for an initial 
instructor--airplane rating.\76\
---------------------------------------------------------------------------

    \76\ The asterisk designation is important in the added ratings 
tables for ACS documents that do not require all tasks to be 
completed. Each AOO and/or task has a note identifying the 
requirements. The asterisk directs the evaluator to review the note 
and test accordingly. If ``ALL'' was listed on the added ratings 
table, then all tasks within the AOOs would be required. As a 
result, the practical test for an added rating would be more 
restrictive and burdensome than the initial practical test for that 
certificate or rating.
---------------------------------------------------------------------------

    The ARAC ACS WG stated that the Note on AOO II, Technical Subject 
Areas, Task A, Human Factors, should require the evaluator to assess 
half the sub-elements and that testing on all sub-elements is 
excessive. Appendix 1 of each ACS indicates that, if a knowledge 
element includes sub-elements, the evaluator may choose the primary 
element and select at least one sub-element to satisfy the requirement, 
unless otherwise noted in a specific Task. Because the Human Factors 
Task did not note that additional sub-elements are required, only the 
primary element and at least one sub-element should be selected by the 
evaluator. Therefore, the task remains unchanged.
    One commenter submitted many comments on the format and layout of 
the flight instructor ACS. The commenter suggested that all tasks in 
the Flight Instructor Airplane ACS equivalent to those in the Private 
and Commercial Pilot Airplane ACS should have identical elements. In 
other words, the commenter stated the only difference should be the 
requirement for instructional knowledge in the objective to streamline 
the organization of the ACS. Additionally, the commenter suggested that 
the FAA first remove all risk management elements in AOO I, 
Fundamentals of Instructing, and second include a single skill element 
requiring the evaluator to evaluate all knowledge elements. The ACS 
uses a

[[Page 22503]]

common FOI intended to confirm an applicant's ability to provide 
instruction in general terms that applies to all instruction, similar 
to the equivalence between the Fundamentals of Instructing Tasks in the 
respective Instructor PTS. The purpose of the Flight Instructor ACS is 
to determine if an applicant is able to teach the material in a manner 
conducive to an applicant's learning and, therefore, requires basic and 
similar knowledge, risk management, and skill element validation.
    Finally, one commenter posed questions regarding the use and 
evaluation of certain elements in the Flight Instructor Airplane ACS. 
The commenter's questions generally concerned how the FAA evaluates 
risk and skill elements that are part of the FOI and what AOOs and 
Tasks evaluators test on the ground versus in flight (and whether 
tangential tasks could be combined). The FAA notes that the commenter's 
questions reference how an evaluator designs a practical test, creates 
a plan of action, and administers the test. First, in general, while 
knowledge of FOI theory applies during the ground portion of the 
practical test, risk and skill elements associated with the FOI may 
also apply during the flight portion of a practical test for an 
instructor rating. Next, while evaluators focus on AOOs I through V 
during the ground portion of the practical test (i.e., the FOI, 
technical subject areas, a preflight lesson on a maneuver to be 
performed in flight, preflight planning, and elements of preflight 
preparation), evaluators may ask questions or observe applicant 
behaviors that relate to these same subjects during the flight portion 
of the practical test. Evaluations conducted during the flight portion 
of the practical test consider whether an applicant meets instructional 
criteria, provides appropriate technical information, and performs risk 
management. Prospective applicants should read the ACS Companion Guide 
for Pilots, ACS Introductory paragraphs, the ACS appendices, and may 
view FAA online resources to better understand design and 
administration of practical tests.
    The ARAC ACS WG provided an extensive list of suggested 
administrative changes to the Flight Instructor Airplane ACS that do 
not change the objectives of the tasks and AOOs. For example, the ARAC 
ACS WG suggested adding a risk element addressing wrong surface 
operations to the Runway Incursion Avoidance Task (AOO II, Task C). The 
focus of this Task is to prevent runway incursions, which should 
already encompass wrong surface operations that can lead to a runway 
incursion. As another example, the ARAC ACS WG recommended adding a 
risk element pertaining to NOTAMs within risk management of the NAS 
(AOO II, Task G). However, the FAA notes that this topic is already 
covered in AOO II, Task I. The FAA intends to continue working with the 
ARAC ACS WG in the future to continually improve the ACS and will 
consider administrative suggestions for later revisions of those 
elements.
    Additionally, several of these editorial comments by the ARAC ACS 
WG suggested the FAA reorganize, rename, and resituate tasks within the 
Flight Instructor Airplane ACS, which would require a substantial 
overhaul, consolidation, and reorganization of AOOs, tasks, and 
elements. The FAA understands the desire for uniformity amongst the 
series of ACS for convenience but notes the ACS consist of independent 
documents and standards, applicable to different categories and classes 
of aircraft over multiple certificate levels. Because the requested 
editorial and organizational changes would not have any impact on 
safety in the NAS, the FAA only made the changes specified in Table 3, 
Record of Editorial/Minor Changes, at this time.
vi. FAA-S-8081-9E, Flight Instructor--Instrument PTS for Airplane 
Rating and Helicopter Rating, November 2023
    The Flight Instructor Instrument PTS for Airplane Rating and 
Helicopter Rating provides a table for the addition of an instrument 
instructor rating to an existing flight instructor certificate. 
Specifically, the table lists each possible flight instructor 
certificate and rating held and then provides the required AOOs and 
Tasks included on the practical test for an additional rating. The ARAC 
ACS WG commented that the header ``IA,'' meaning Instructor 
Instrument--Airplane Rating, was nonsensical because the applicant 
would already hold that certificate. However, this PTS sets forth the 
requirements for both a flight instructor instrument--helicopter rating 
and a flight instructor instrument--airplane rating. Therefore, the 
table in this PTS serves applicants who may hold an instructor 
instrument airplane rating, who would follow the ``IA'' header to know 
what AOOs must be completed for an instrument instructor-helicopter 
rating; accordingly, the PTS retains the ``IA'' header.
vii. FAA-S-8081-8C, Flight Instructor Glider PTS for Glider Category, 
November 2023
    The Soaring Safety Foundation (SSF) recommended adding a Runway 
Incursion Avoidance task to the Flight Instructor Glider PTS and stated 
that the proliferation of motor gliders, both touring and all other 
types, increases the likelihood of a runway incursion. However, the FAA 
notes that the introduction to the PTS states that evaluators and 
instructors must place special emphasis on areas of aircraft operation 
considered critical to flight safety, which expressly includes a 
reference to runway incursion avoidance. Because this risk is accounted 
for in the special emphasis areas, the FAA finds the special emphasis 
area sufficient. During the transition to ACS, the FAA may relocate 
this special emphasis area to a risk element, if warranted.
    Additionally, the SSF recommended adding a night operations task to 
the flight instructor PTS only, citing the same reasons as the 
recommended addition of the Runway Incursion Avoidance task. While the 
FAA agrees that motor gliders could operate at night if properly 
equipped, given the small community of night-flying glider pilots and 
the absence of a task in the Private and Commercial Glider ACS, there 
is not an urgent safety-sensitive reason to expand the footprint of the 
flight instructor test without notice and comment at this time. It 
would also be difficult to require a flight instructor to demonstrate 
instructional ability for this task when there is no requirement within 
the pilot PTS for gliders. However, the addition of this task may be 
considered across all glider certificate levels when transitioning the 
Glider PTS to ACS in the future if there is a safety-based case to do 
so.
    Finally, the SSF also requested the addition of a high-altitude 
operations task in the Flight Instructor Glider PTS. Specifically, SSF 
stated the increased number of high-altitude glider cross-country 
flights that largely occur between 12,500 feet and 18,000 feet when 
flying in the mountains warrant a specific task to ensure competency. 
However, relevant testing on this subject area is already housed under 
AOO X, Soaring Techniques, Task C, Wave Soaring, which predominately 
occurs at high altitudes.
viii. FAA-S-ACS-8C, Instrument Rating--Airplane ACS, November 2023
    One commenter suggested that the FAA modify the Instrument Rating--
Airplane ACS to include the option for

[[Page 22504]]

evaluation of filing an IFR flight plan to ensure realistic ATC 
handling. Currently, the skill element found in AOO I, Preflight 
Preparation, Task C, Cross-Country Flight Planning, differs from the 
suggestion in that it would provide the option of creating a navigation 
plan and actual filing of an IFR flight plan. The FAA did not implement 
this option in any of the Instrument Rating ACS since the intent of the 
task is to test the applicant orally and not demonstrate the cross-
country in flight and the applicant is tested on ATC handling AOO III, 
Task A. Additionally, the training required for an instrument rating 
set forth by Sec.  61.65 requires instrument flight training on cross-
country flight procedures performed under IFR when a flight plan has 
been filed with an ATC facility.\77\ The applicant already demonstrated 
their ability to fly a cross-country in the certificate level they 
hold. This rating is for the purposes of instrument flight only. The 
FAA considers that simulated filing of an IFR flight plan on a 
practical test provides sufficient assurance an applicant can file an 
IFR flight plan and receive a clearance. As such, the FAA did not make 
the change in the final ACS.
---------------------------------------------------------------------------

    \77\ 14 CFR 61.65(d)(2)(ii).
---------------------------------------------------------------------------

    Another commenter stated that the phrasing used in AOO I, Preflight 
Preparation, Task A, Pilot Qualifications changed between the original 
Instrument Rating--Airplane ACS (FAA-S-ACS-8), published in 2016, which 
used the element ``when an instrument rating is required'' and the 
Instrument Rating--Airplane draft published in 2019 and maintained in 
the NPRM draft (FAA-S-ACS-8B and FAA-S-ACS-8C, respectively), which use 
the phrase ``privileges and limitations.'' The commenter stated that 
because privileges and limitations only exist for pilot certificates, 
not ratings, the knowledge element should be changed back to the 2016 
phrasing. The FAA did not make a change to the adopted ACS. The 
terminology ``privileges and limitations'' aligns with part 61. 
Specifically, Sec.  61.2(a) defines the validity of privileges of a 
certificate and a rating. When a rating appears on a pilot certificate, 
the rating itself conveys certain privileges and limitations. For 
example, a person who has a commercial pilot certificate with an 
airplane category rating is limited from exercising commercial pilot 
privileges in a rotorcraft category, helicopter class until they obtain 
a rotorcraft category, helicopter class rating. The same concept 
applies to those privileges accompanying an instrument rating (i.e., 
flight under IFR).
    One commenter stated that AOO II, Task A, Aircraft Systems Related 
to Instrument Flight Rules (IFR) Operations, traditionally focused only 
on deicing systems and noted that the FAA added knowledge, risk 
management, and skill elements pertaining to autopilots. The commenter 
suggested eliminating duplication of elements related to automation 
between that Task and AOO II, Task B, Aircraft Flight Instruments and 
Navigation Equipment task. The FAA notes that Task A is specific to 
aircraft systems related to IFR operations. This area not only includes 
de-icing systems, but also automatic flight control systems (AFCS) as 
set forth in the draft ACS. The FAA intentionally added the elements 
for automation systems given technological advancement and modern 
aircraft equipage. The purpose of Task B is to test the applicant on 
the flight instruments and navigation pertaining to IFR operations. The 
flight instruments correlate to automation; however, the two tasks have 
two different objectives. Based on these reasons, the FAA is retaining 
these elements in the final ACS.
    The ARAC ACS WG recommended that the FAA remove the requirement for 
a circle-to-land in the IPC so pilots may complete the IPC solely using 
an Advanced Aviation Training Device (AATD). The FAA disagrees with 
this recommendation, as AATD's lack the fidelity requirements for both 
the visual and motion (no motion system requirement) systems to 
properly represent the conduct of a circling and landing approach. 
Pilots need to demonstrate their ability in a realistic environment so 
that they are prepared to conduct the maneuver in the NAS.\78\ It is 
for this reason that credit is also not provided for landing tasks. To 
receive accurate training on these tasks, the pilot will have to use an 
airplane or a full flight simulator (Level B, C, or D).
---------------------------------------------------------------------------

    \78\ See Advisory Circular 61-136B, appendix E.
---------------------------------------------------------------------------

ix. FAA-S-ACS-6C, Private Pilot for Airplane Category ACS, November 
2023
    One commenter suggested the FAA remove knowledge of certification 
requirements from the Private Pilot Airplane ACS, element PA.I.A.K1. 
Specifically, AOO I, Preflight Preparation, Task A, Pilot 
Qualifications, requires an applicant to demonstrate understanding of 
certification requirements, recent flight experience, and record 
keeping. The suggested change would remove ``certification 
requirements'' from the element, as the commenter stated that knowledge 
of the certification requirements is irrelevant for an applicant at the 
practical test stage and would be more relevant to flight instructors. 
The FAA disagrees with this removal, as a private pilot applicant 
should know specific FAA regulations under title 14 Code of Federal 
Regulations that not only pertain to initial private pilot 
certification but also pertain to maintaining certification to continue 
operating privileges (e.g., removal of any certification limitations, 
adding ratings). While flight instructors provide the required dual 
ground and flight training and verify the applicant meets the minimum 
requirements for that pilot certificate, this fact alone does not 
relieve an applicant from knowing the regulatory requirements for their 
own continuing certification.
    The same commenter suggested the FAA change a skill element found 
in AOO I, Preflight Preparation, Task D, Cross-Country Flight Planning, 
to create an aviation plan and file, or simulate filing, a VFR flight 
plan as directed by the evaluator (specifically, element PA.I.D.S3). 
The commenter further detailed that some applicants have never filed a 
VFR flight plan airborne or on the ground. This change would give the 
evaluator the option to ask an applicant to demonstrate opening and 
closing a flight plan during the flight portion of a practical test as 
opposed to only simulating this requirement. The FAA notes that two 
elements within AOO I (PA.I.D.K4, elements of a VFR flight plan and 
PA.I.D.K5, procedures for filing, activating, and closing a VFR flight 
plan), allow an evaluator to determine the understanding and ability of 
an applicant to create, file, open, and close a VFR flight plan. The 
FAA did not modify the ACS as suggested, as this task corresponds with 
the oral portion of the practical test that occurs prior to flight, and 
the applicant would demonstrate this task as a simulation.
    One commenter suggested that the Tasks in the AOO for Basic 
Instrument Maneuvers (AOO VII) should be moved to Emergency Procedures 
because the focus of basic instrument maneuvers should be to enable a 
non-instrument rated pilot to successfully avoid and, failing that, 
recover from inadvertent IMC. The commenter stated that the location of 
the tasks will more appropriately emphasize the purpose of the 
training. The FAA agrees with the commenter that emergency procedures 
may situationally necessitate basic instrument maneuvers and, 
therefore, would involve both AOOs. However, the FAA did not make the 
resulting change in the adopted Private Pilot

[[Page 22505]]

Airplane ACS because tasks pertaining to basic instrument maneuvers 
appropriately prioritize within their own AOO. Additionally, this AOO 
corresponds to the regulatory AOO for Basic Instrument Maneuvers as set 
forth by Sec.  61.107(b)(1)(ix) and (b)(2)(ix). When creating a plan of 
action, the evaluator can combine tasks into one scenario to address 
the commenter's suggestion.
    The ARAC ACS WG suggested the addition of a note to clarify whether 
applicants can use avionics-generated information to provide a 
destination estimate for the initial or revised estimate during the 
Pilotage and Dead Reckoning Task within AOO IV, Navigation. The ACS and 
PTS create requirements for certification, and the FAA handbooks and 
guidance provide accepted methods of compliance. In accordance with a 
reference listed for this Task, the Pilot's Handbook of Aeronautical 
Knowledge \79\ defines pilotage as navigation by reference to landmarks 
or checkpoints. The guidance explains that, due to safety concerns in 
the event of electronic navigation failure, applicants should have the 
ability to use pilotage and dead reckoning for navigation. While the 
FAA accepts using a computer-generated initial estimate as part of 
flight planning, this Task provides the applicant an opportunity to 
demonstrate basic understanding of the speed, time, and distance 
relationship using realistic estimates without the benefit of satellite 
or ground-based electronic navigation equipment. The FAA did not add a 
note to the pilotage and dead reckoning task for avionics-generated 
information to provide a destination estimate since the FAA's handbook 
definition of pilotage and dead reckoning does not involve the use of 
GPS or electronic navigation.
---------------------------------------------------------------------------

    \79\ FAA-H-8082-25.
---------------------------------------------------------------------------

    The ARAC ACS WG suggested adding Tasks from AOO IX, Emergency 
Operations, Tasks E, F, and G (involving engine failures/inoperative 
engines specific to multiengine airplanes) to the requirements for an 
added multiengine sea rating based on the applicant already holding a 
multiengine land rating. In the absence of safety data requiring 
additional emergency operation testing for an airplane multiengine sea 
added rating, the FAA maintains that these Tasks have sufficient 
commonality in required maneuvering between AMEL and AMES and, 
therefore, did not require the emergency operation testing for an added 
multiengine sea rating.
    The ARAC ACS WG suggested changing a skill element for the 
Emergency Descent Task (AOO IX, Task A) to reference the Airplane 
Flying Handbook (FAA-H-8083-3) and the airplane flight manual (POH/
AFM). However, the Task lists the Airplane Flying Handbook as a general 
reference and the POH/AFM as a specific reference within the element 
itself. These references provide applicants with the opportunity to 
develop familiarity with that handbook information regarding an 
emergency descent. During a demonstration of an emergency descent, the 
FAA expects applicants to follow the manufacturer's guidance (i.e., the 
POH/AFM) as the most tailored information to that aircraft.
x. FAA-S-8081-32A, Private Pilot PTS for Powered Parachute Category and 
Weight-Shift-Control Aircraft Category, November 2023
    Members of the ARAC ACS WG noted that the Private Pilot PTS for 
Powered-Parachute and Weight-Shift Control lacks elements related to 
risk management. The FAA notes that the PTS uses special emphasis areas 
that apply globally to PTS Tasks to address risk mitigation. In 
addition, the section on unsatisfactory performance discusses failure 
to use proper and effective visual scanning techniques to clear the 
area before and while performing maneuvers. While the FAA made minor 
changes to PTS documents published as part of the NPRM, the FAA 
considered it appropriate to develop risk management elements within 
each Task when converting the PTS to an ACS through the collaborative 
process established within the ARAC ACS working group, especially where 
no safety concerns were identified by the commenters to justify an 
addition as part of this rule.
xi. FAA-S-8081-17A, Private Pilot PTS for Lighter-Than-Air Category, 
November 2023
    One commenter recommended inclusion of an additional ratings task 
table for applicants seeking a balloon rating. The FAA notes the PTS 
that accompanied the NPRM had not been converted into ACS and were 
largely unchanged from their pre-NPRM version. As a result, the FAA did 
not create the additional ratings task table during this rulemaking. 
The FAA intends to consult with members of the ARAC ACS WG prior to 
proposing an additional rating task table for future revisions.
xii. FAA-S-8081-10E, Aircraft Dispatcher PTS, November 2023
    The ARAC ACS WG provided extensive comments regarding the Aircraft 
Dispatcher PTS and aircraft dispatcher certification in general. The 
FAA found many of these comments and suggestions, such as raising 
minimum enrollment requirements, increasing training hours, and 
reducing items unique to pilots, outside the scope of this rulemaking. 
However, in this section, the FAA responds to the comments pertaining 
to the Aircraft Dispatcher standards, currently in the form of a PTS 
and planned for conversion to an ACS in the future. See section IV.D., 
Table 3 Editorial/Minor changes of this preamble for editorial/minor 
changes made to the Aircraft Dispatcher PTS.
    One comment suggested removing certain elements from the Aircraft 
Systems, Performance, and Limitations Task in the Flight Planning/
Dispatch Release AOO. Specifically, the commenter recommended removal 
of elements corresponding to weight and balance because the commenter 
contended that these issues have been removed from the knowledge test. 
The FAA notes that the dispatcher knowledge test does have weight and 
balance questions, and the FAA will continue to support questions for 
those enumerated elements within the PTS (eventually ACS). 
Additionally, an applicant must demonstrate skill in the areas of 
knowledge specified in appendix A of part 65, which includes weight and 
balance. As a result, the FAA maintains the elements that require the 
applicant to compute weight and balance and determine limits, which 
directly impacts aircraft performance for all phases of flight.
    The commenter further suggested removing elements related to marker 
beacons, Automatic Direction Finder (ADF), and Doppler Radar in AOO I, 
Flight Planning/Dispatch Release, Task F, Navigation and Aircraft 
Navigation Systems. The FAA did remove doppler radar and marker beacons 
from the NPRM version of this PTS. However, the FAA does not agree with 
removal of automatic direction finder (ADF). Because low altitude 
airways in the NAS rely on non-directional beacons, aircraft 
dispatchers may reference these routes, and some aircraft may track 
these routes using an ADF or Radio Magnetic Indicator (RMI). The FAA's 
current U.S. Terminal Procedures Publication (TPP) contains Non-
Directional Beacon (NDB) approaches, which require an appropriate 
display.
3. Universally Applicable Comments
i. ARAC ACS WG Comments
    The ARAC ACS WG submitted extensive comments to the NPRM and

[[Page 22506]]

various ACS and PTS. Discussion of a number of these comments occurred 
within sections IV.A. and IV.B. of this preamble. Additionally, the FAA 
adopted many of the ARAC ACS WG's suggestions in the ACS and PTS 
accompanying this final rule, detailed in Table 3 of Section IV.D. of 
this preamble. The FAA offers the following responses to the ARAC ACS 
WG comments.
    The ARAC ACS WG suggested several formatting revisions, such as a 
change from tables to lists, numbering of the ACS appendix tables, and 
clarifying section headers. The FAA maintained the format of the ACS as 
proposed in the NPRM and notes that clear titles appear above each 
chart, followed by a brief description of the chart's purpose for each 
ACS, as well as within the body of the ACS themselves. In its 
continuing collaboration with the ARAC ACS WG, the FAA will consider 
recommendations and implement any changes that the FAA determines will 
improve the readability and understanding of the ACS documents.
    The ARAC ACS WG questioned whether a determination that an 
applicant or certificate holder has met certain English language 
requirements applies only to the practical test or to an IPC as well. 
The ARAC ACS WG referred, specifically, to certain content in the ACS 
that requires an evaluator to determine whether an applicant meets the 
FAA Aviation English Language Standard (AELS). The ARAC ACS WG seems to 
contend that the text should clarify English requirements, as the ACS 
states it only applies to evaluators administering a practical test, 
which does not include an IPC. The FAA examined this language and 
determined that the paragraph in question does apply to a practical 
test, evidenced by terminology and phrasing such as ``applicant,'' 
``before starting the practical test,'' and ``discontinue the practical 
test.'' However, the FAA neglected to include checking, as explained in 
AC 60-28B, in the ACS AELS section of appendix 1 and pointed out by the 
ARAC ACS WG. As a result of the review, the FAA updated appendix 1 of 
each ACS to include a practical test and regulatory checks (e.g., IPC 
or pilot-in-command proficiency check). The evaluator conducting 
testing, training, or any required regulatory check should evaluate if 
the applicant for an FAA certificate or holder of an FAA certificate 
demonstrates the FAA AELS.
    Next, the ARAC ACS WG suggested that sample airman knowledge test 
questions need to have representative questions reflecting the ACS 
coding on actual tests to accurately reflect what an applicant missed 
on the practice exam. The ARAC ACS WG stated that this, in turn, will 
aid applicants, instructors, and evaluators in discrete identification 
and training on specific missed elements. The FAA currently provides 
codes for the sample knowledge test questions related to an ACS. As PTS 
convert to ACS, the FAA works to ensure it updates the sample test bank 
and will continue to do so as an outgrowth of this rulemaking. 
Additionally, many independent sources, as well as the FAA's contracted 
vendor for knowledge testing, PSI Services, LLC, have practice tests 
available where users can receive sample test reports and ACS codes. 
However, because these practice tests are not authored or administered 
by the FAA, the FAA cannot commit to future efforts to tie test reports 
to the ACS codes in those instances.
    Lastly, the ARAC ACS WG suggested revisions to part 141 to align 
with the revisions to part 61. Specifically, the ARAC ACS WG stated 
that the NPRM is inaccurate in its statement that the AOOs for testing, 
whether under part 61 or part 141, will be governed by areas of 
operation in the applicable ACS or PTS. The ARAC ACS WG sought clarity 
in both Sec.  141.67(c) and appendix E.4.(c) to part 141 to align the 
AOOs with part 61 and the ATP ACS.\80\
---------------------------------------------------------------------------

    \80\ 14 CFR 141.67(c) requires tests given by a part 141 school 
that holds examining authority to be at least equal in scope, depth, 
and difficulty to the tests prescribed under part 61. Appendix E to 
part 141 prescribes the minimum curriculum for an airline transport 
pilot certification course for the following ratings: airplane 
single engine, airplane multiengine, rotorcraft helicopter, and 
powered-lift. Section 4.(c) in the appendix requires an approved 
course to include flight training on the AOOs listed in that 
section.
---------------------------------------------------------------------------

    As discussed in the NPRM, the FAA contemplated the proposal of 
conforming amendments to part 141 to reconcile the proposed changes in 
part 61. However, the FAA did not propose any revisions to part 141. In 
other words, applicants from a pilot school (or provisional pilot 
school) either take the practical test or an end-of-course test given 
by a pilot school that holds examining authority. The practical test 
under part 61 would align with the applicable ACS by direct reference 
in part 61: Sec. Sec.  61.14 and 61.43, as adopted. The end-of-course 
test would align with the applicable ACS through the cross-reference in 
Sec.  141.63(c), without need for further amendment because Sec.  
141.67(c) already requires such end-of-course test to be equal in 
scope, depth, and difficulty to the comparable practical test 
prescribed by the Administrator under part 61 (i.e., the practical test 
that aligns with the applicable ACS by regulation).
    As stated in the NPRM, the FAA acknowledges that the areas of 
operation in part 141, appendix E, section 4.(c) will not precisely 
align with the areas of operation set forth in Sec.  61.157(e) as 
adopted in this final rule. The FAA considered making conforming 
amendments to part 141 appendices in this rulemaking; however, the 
concern for unintentional administrative repercussions to part 141 
pilot schools and approved training curriculums that would be outside 
the scope of this rulemaking outweighed the aspiration for consistency 
at this time.
ii. Other General Comments
    Outside of the ARAC ACS WG comments, many commenters' statements 
were general in nature. This section addresses general comments 
regarding ACS and PTS across a broad range of aircraft.
    One commenter questioned how incorporating the ACS and PTS by 
reference would affect the referenced material with each task (e.g., 
other regulations, ACs, Handbooks, Flight Manuals, etc.). The FAA notes 
that secondary references included in a document incorporated by 
reference are not considered regulatory unless another mechanism has 
made them so.\81\ For example, a secondary reference to an Advisory 
Circular is not regulatory because an Advisory Circular is guidance by 
nature. Conversely, a secondary reference to a specific 14 CFR section 
would be regulatory because it is adopted into the CFR. Therefore, 
incorporation by reference does not reach to the reference material 
listed under each Task heading in all ACS and PTS unless another 
mechanism makes the references regulatory. In the event of a conflict 
between secondary references and the ACS and PTS, the ACS and PTS would 
control, as the secondary references, unless made regulatory through 
other means, only constitute guidance.\82\ Because these references and 
other guidance in existence do not

[[Page 22507]]

require an applicant seeking a certificate or rating to complete 
specific tasks and maneuvers to a minimum given standard to obtain the 
applicable certificate or rating as the ACS and PTS do, the FAA did not 
incorporate those documents by reference in this rulemaking.
---------------------------------------------------------------------------

    \81\ The Office of the Federal Register contemplated the 
inclusion of secondary references in material that has been 
incorporated by reference and declined to extend its regulatory 
purview to allow for IBR of secondary material merely referenced in 
the primary document. See Incorporation by Reference, 76 FR 66267, 
66275 (Nov. 7, 2014).
    \82\ The commenter specifically noted that Lighter-Than-Air 
Balloon Manual PTS, which lists the balloon flight manual as 
reference and notes that no regulation exists requiring a balloon to 
have a flight manual. The FAA lists a flight manual in the Lighter-
Than-Air Balloon as a reference only to contemplate a balloon that 
does have a flight manual as a resource for applicants and DPEs for 
that specific task. If a flight manual does not exist, then that 
reference would simply not apply.
---------------------------------------------------------------------------

    Additionally, the commenter stated that rather than using 
incorporation by reference for the PTS and ACS, the FAA should move to 
a testing standard model like that of the Financial Accounting 
Standards Board, where an independent entity of experts provides 
generally accepted accounting standards. The commenter conceded that 
these standards are authoritative and without IBR as law with the 
Securities and Exchange Commission (SEC). The FAA does not purport to 
be an expert in regulation by other Federal agencies but notes that it 
considers these standards to satisfy the criteria in section 108 of the 
Sarbanes-Oxley Act of 2002 as generally accepted for purposes of 
federal securities laws. The FAA does not find that this model 
translates to airman certification as the commenter suggests. The FAA 
drafted and revised ACS and PTS in collaboration with industry 
affiliates. Rulemaking further enhances and facilitates a broad range 
of input and provides an equal opportunity for any interested party to 
provide comments for consideration. However, the FAA possesses the 
statutory authority under 49 U.S.C. 44702 to issue airman certificates 
when the Administrator finds an individual qualified for and able to 
perform the duties related to the position authorized by the 
certificate. The FAA does not find it appropriate to allow outside 
parties to maintain a performance-based approach to certification 
standards whereby an outside entity may create an independent framework 
to certification. Further, consideration of an overhaul to the 
certification system of this nature falls outside the scope of this 
rulemaking.
    One commenter provided extensive feedback on the broad concept of 
risk management elements within the ACS. Specifically, the commenter 
stated that risk management elements should only be tailored to those 
subject areas that have historically been common causes of accidents, 
incidents, and/or violations to ensure an objective practical test. The 
commenter stated that the addition of risk management elements, as well 
as the open-ended phrasing and lack of guidance material, creates a 
subjective, overwhelming, and unreasonable testing standard that does 
not enhance aviation safety and, rather, makes learning and evaluation 
more difficult. The commenter provided several examples to support the 
position that the risk management elements may seem to pose a 
significant risk but, in actuality, do not pose such a risk; the 
commenter offered the element of ``unexpected runway changes by ATC'' 
to support this contention. Specifically, the commenter stated that 
this element is required in the Private Pilot ACS, but that is not a 
threat until a pilot is operating an aircraft at an ATP certificate 
level.
    The FAA recognizes that each of the ACS contains many risk 
management elements. However, the FAA does not agree that regulatory 
testing should only include risk management elements that have 
objectively resulted in accidents, incidents, and/or violations. A 
risk, by definition, includes the composite of the predicted severity 
and likelihood of the potential effect of a hazard; therefore, an 
action cannot require a fixed standard or minimum of a certain level of 
accidents or fatalities as the only benchmark to be considered as 
``risky.'' If the FAA only included those risk factors identified 
through accident or incident data, it could unintentionally remove a 
risk management element that succeeds in keeping the accident and 
incident rate low in that particular area, thereby creating greater 
risk (i.e., training and testing on a certain risk management element 
could explain a lack of accidents/incidents attributed to that risk 
management element). Conversely, many accident/incident reports may 
attribute a cause to one area when multiple causes affect an outcome. 
As the regulator of the NAS, the FAA seeks to ensure pilots train and 
test to the highest standard of safety and finds that the risk 
management elements equip pilots with the knowledge and strategies to 
(1) reduce hazardous situations in the NAS and (2) mitigate situations 
when they do arise.
    While some risk management elements may seem duplicative or 
redundant, the vast array of unique piloting scenarios and challenges 
may require a pilot to consider the same hazards at multiple instances. 
The FAA agrees that the number of risk management elements in the ACS 
exceeds the number of Special Emphasis items in the PTS; however, the 
FAA intended this development. The PTS has long required the evaluation 
of knowledge and risk management elements in both the ground and flight 
portions of the practical test. The ACS acts as a better tool because 
it clearly defines these elements and organizes them in the context of 
phases of flight rather than broadly scoped risk identification. As the 
commenter pointed out, the risk management element of ``collision 
hazard'' is often parroted throughout the ACS. However, with mastery of 
the knowledge and skill of, for example, recovery from unusual flight 
attitudes, emergency descent, or night operations, the ACS ascertains 
that a pilot should be proficient at identifying any resulting 
collision hazards.
    Additionally, the FAA authored the Risk Management Handbook \83\ as 
guidance to help recognize and manage risk. Specifically, applicants 
and instructors may use the handbook as a tool to identify potential 
flight hazards, assess the hazard, and mitigate associated risks. ACS 
tasks reference this Risk Management Handbook, and it provides context, 
expansion, and case studies on several risk management elements. For 
example, many of the ACS include risk management elements specific to 
fuel planning (e.g., Private Pilot for Airplane Category ACS AOO I: 
Preflight Preparation, Task D: Cross-Country Planning, risk management 
element 6: the applicant can identify, assess, and mitigate risk 
associated with fuel planning). The Risk Management Handbook sets forth 
a hypothetical scenario in which a reduced fuel load due to additional 
weight requires a risk assessment of fuel stop planning, alternate 
landing destinations, fuel efficiency due to weather and/or altitude, 
etc. While the FAA agrees with the commenter that the handbook does not 
have a specific scenario for every risk management element, the 
handbook provides a foundation of analytical tools a pilot could apply 
to the complexities of risk mitigation. During a practical test, the 
element of subjectivity may decrease insofar as the applicant may also 
test on their awareness, mitigation, and consideration of elements in 
the context of a separate task or maneuver in the operating 
environment.
---------------------------------------------------------------------------

    \83\ https://www.faa.gov/regulationspolicies/handbooksmanuals/risk-management-handbook-faa-h-8083-2a.
---------------------------------------------------------------------------

    Finally, the FAA notes that, in collaboration with the ARAC ACS WG, 
it revised the risk management elements from identification of negative 
action (e.g., failure to do something) to simply identification of the 
area within which an applicant could analyze risk. The actual risk 
involves hazards associated with the action, rather than failure to do 
something specific, as a pilot's failure to do something may not be the 
only time risk presents itself in a scenario (e.g., collision hazards, 
a system malfunction). The FAA expects applicants to demonstrate 
knowledge of hazards and risks associated with a Task

[[Page 22508]]

and to demonstrate the aeronautical decision-making ability to mitigate 
risks that develop during the practical test, including those risks 
inside and outside of a pilot's control (or failure to maintain 
control).
    GAMA, members of the ARAC ACS WG, and several individual commenters 
urged the FAA to continue working with the ARAC ACS WG to continue 
fostering a collaborative environment with the airmen training and 
testing regime. GAMA specifically encouraged the FAA to task the ARAC 
ACS WG with the continuation of its work to support the agency's 
experts in managing and modernizing the airman certification framework. 
Additionally, these groups expressed concern regarding communication 
between the ARAC ACS WG and the FAA due to ex parte limitations during 
a rulemaking. Further, GAMA would like the FAA to provide a clear 
schedule for development to assist the industry.
    First, the FAA notes it does not intend to disengage from the ARAC 
ACS WG and plans to continue working together on further ACS 
publications and safety-related matters. Specifically, the FAA expects 
the ARAC ACS WG and the FAA to collaborate in the conversion of the 
remaining PTS to ACS, refinement of the active ACS, and incorporation 
of future developments in aviation innovation within the airmen 
certification framework. The ARAC ACS WG development process does not 
need to change simply because the FAA must make ACS documents 
regulatory through the IBR process once they are submitted to the FAA 
by ARAC.
    Because the ACS and PTS attain regulatory status upon the effective 
date of this final rule, any revisions made to the documents will 
require rulemaking. While this benefits the regulated community in that 
it will clearly inform and define the revisions in a given ACS or PTS 
that the regulated community must adhere to, it also means that the FAA 
and the regulated community, including the ARAC ACS WG, must heed ex 
parte considerations \84\ upon the commencement of the rulemaking. The 
FAA notes that this does not mean all communications would halt with 
the ARAC ACS WG and/or other interested industry parties. Rather, the 
FAA simply cannot discuss or negotiate the substance of that particular 
rule with an outside party without providing the same opportunities to 
all members of the regulated community. For example, if the ARAC ACS WG 
submitted a recommendation with the Commercial Pilot Airplane ACS 
through ARAC and the FAA concurred and commenced a rulemaking, the FAA 
would follow the Department of Transportation (DOT) requirements and 
guidance on ex parte contacts during informal rulemaking.\85\ However, 
this limitation would not necessarily keep the FAA from continuing to 
collaborate with the ARAC ACS WG on matters unrelated to the 
rulemaking, for example, the Private Helicopter ACS. Additionally, the 
FAA could meet with interested parties to receive information and may 
ask clarifying questions, as long as such meetings are appropriately 
memorialized and promptly docketed. Finally, the FAA cannot commit at 
this time to a clear schedule of the PTS to ACS transition or provide a 
concrete revision cycle but will collaborate on timelines with the ARAC 
ACS WG based on revision priority and resources.
---------------------------------------------------------------------------

    \84\ See 49 CFR 5.5. See also Guidance on Communication with 
Parties outside of the Federal Executive Branch (Ex Parte 
Communications), April 19, 2022; https://www.transportation.gov/regulations/memorandum-secretarial-officers-and-heads-operating-administrations.
    \85\ The FAA notes that, in accordance with the APA, the 
regulated community would have an opportunity to comment within that 
rulemaking docket, similar to this IBR process.
---------------------------------------------------------------------------

    Finally, one commenter suggested some general changes to the 
weather task elements throughout all of the ACS. The commenter first 
recommended removing the weather depiction chart as obsolete, which the 
FAA agrees with and has made the change in the appropriate ACS (see 
section IV.D., Table 3, of this preamble for weather-related element 
changes, including other weather charts as referred to by the 
commenter). Additionally, the commenter generally disagreed with 
itemizing the weather-related products throughout the ACS and suggested 
that, if itemization was necessary, the FAA reorganize the element as 
observation, analyses, forecasts, and in-flight weather advisories. 
While the FAA has maintained the general itemization of those weather 
elements to provide specific feedback for applicants on knowledge tests 
and to allow applicants, instructors, and evaluators to focus on 
specific incorrect knowledge elements related to weather products and 
resources, the FAA updated ACS to maintain currency with aviation 
products.

C. ACS Testing Codes

    As previously discussed, the FAA is in the process of converting 
the PTS to ACS. Since this endeavor began in 2011, a number of PTS 
have, in fact, been converted into ACS and are utilized today as the 
testing standard. However, as part of this rulemaking, the FAA proposed 
revisions to existing ACS in addition to incorporation by reference. As 
a result, some ACS element codes were revised. The ACS codes for these 
elements serve as the link between the airman knowledge test and the 
practical test. Specifically, the FAA assigns an ACS code to every 
knowledge test question. When a person answers a question incorrectly 
on an airman knowledge test, the ACS code associated with that test 
question appears on the applicant's knowledge test report so that an 
evaluator may include the ACS element on the practical test. 
Additionally, pursuant to Sec.  61.39(a)(6), an applicant must obtain 
an endorsement from an authorized instructor certifying that the 
applicant demonstrated satisfactory knowledge of the subject areas 
shown as deficient on the airman knowledge test. Therefore, the 
accuracy of these codes ensures that an applicant has the required 
knowledge before receiving a certificate.
    Because the ACS elements link to an ACS code, as existing ACS are 
modified, ACS codes may undergo revision. Specifically, ACS codes will 
be added when ACS elements are added to tasks under areas of operation. 
Further, the addition of ACS elements could create a shift in ACS codes 
for subsequent ACS elements. Conversely, ACS element codes may archive 
when the FAA removes ACS elements from tasks under areas of operation. 
Given that airman knowledge report and associated test codes remain 
valid for 24 months or 60 months,\86\ shifting ACS element codes could 
create problems in the accurate identification of ACS elements trained 
and endorsed under Sec.  61.39(a)(6) and tested by the evaluator.\87\ 
The ARAC ACS WG commented on this potential problem with revised ACS, 
stating that the FAA needs a way to convey what subjects correspond to 
the ACS element code on the Airman Knowledge Test Report to ensure the 
correct retraining takes place should ACS code shuffling occur.
---------------------------------------------------------------------------

    \86\ See Sec.  61.39(a) prerequisites for practical tests.
    \87\ The FAA notes that some commenters suggested reorganization 
of tasks and elements for alignment purposes across certain ACS. For 
example, Flight Safety International commented that tasks in the 
Preflight Preparation Area of Operation should be reorganized to 
align the ATP and Type Rating Airplane, Helicopter, and Powered-Lift 
ACS and PTS. The FAA declined to revise tasks solely for the purpose 
of alignment where this would result in major changes to the testing 
codes.
---------------------------------------------------------------------------

    The FAA notes that it proposed four revised ACS with the NPRM that 
contained reordered elements: Private Pilot for Airplane Category ACS, 
Commercial Pilot for Airplane Category

[[Page 22509]]

ACS, Instrument Rating--Airplane ACS, and ATP and Type Rating for 
Airplane Category ACS. As noted by the ARAC ACS WG, these revisions 
resulted in code shuffling,\88\ which the FAA corrected in the versions 
of these ACS incorporated by reference. Additionally, the ARAC ACS WG 
suggested additional detail within certain elements of ACS. Breaking 
out elements could create a disruption in the middle of codes in the 
proposed ACS revisions, thereby creating a waterfall effect of ACS 
coding changes. Therefore, the final ACS revisions now list several new 
sub-elements under the overarching element, a framework that will not 
substantially affect ACS codes and that the FAA could apply for future 
ACS revisions. For example, the Instrument Rating--Airplane ACS dated 
June 2018, FAA-S-ACS-8B, sets forth the knowledge element of ``Route 
planning, including consideration of the available navigational 
facilities, special use airspace, preferred routes, and alternate 
airports.'' The FAA recognizes that many substantive concepts reside 
within this overarching element, such that a discrete deficiency should 
receive a narrower scope (i.e., an applicant could be deficient in 
demonstrating knowledge of route planning because the applicant missed 
a question in chart supplements but subsequently receive an endorsement 
from an instructor by demonstrating knowledge of special use airspace, 
thereby failing to cure the deficiency). Therefore, the FAA further 
detailed the element into sub-elements.\89\ These sub-elements will 
also provide applicants, evaluators, and authorized instructors with 
more discrete identification of subject deficiency.
---------------------------------------------------------------------------

    \88\ For example, the ARAC ACS WG provided that an AKTR with 
code ``CA.I.C.K1.a'' did not correspond to anything because it was 
removed from the ACS version that was proposed to be incorporated by 
reference with this rulemaking (i.e., FAA-S-ACS-7B). Additionally, 
because of the shuffling, upon finalization of this final rule and 
the revised ACS, a person would be unclear whether the AKTR code 
``PA.VI.B.S6'' on their AKTR means ``uses proper communication 
procedures when utilizing radar services,'' as stated in FAA-S-ACS-
6B, or ``maintain the selected altitude,  200 feet and 
heading,  15[deg],'' as stated in FAA-S-ACS-6C.
    \89\ The sub-elements listed as: K1a through K1h include: 
available navigational facilities, special use airspace, preferred 
routes, primary and alternate airports, enroute charts, chart 
supplements, NOTAMs, and terminal procedures publications (TPP). The 
sub-elements were also added in the Instrument-Helicopter ACS, 
Instrument-Powered-Lift ACS, and Flight Instructor-Instrument 
Powered Lift ACS.
---------------------------------------------------------------------------

    In the future, if the FAA adds discrete elements to ACS tasks, the 
FAA has identified a framework of including additions at the end of the 
listing so as to not create a waterfall effect of code shifting. 
Additionally, where the FAA removed an element, the FAA simply replaced 
the text with the term ``Archived.'' A record of archived ACS testing 
codes appears in Section 8 of the ACS Companion Guide for Pilots, as 
well as a record of changes in the front matter of the particular ACS. 
The FAA plans to update and utilize Section 8 of the Companion Guide to 
communicate archived codes in future revisions of ACS that may occur.
    Finally, an applicant must test in accordance with the regulations 
that exist at the time of the practical test, meaning that the 
evaluator must base the practical test on the version of the ACS 
incorporated by reference at the time of that test. Evaluators will 
test applicants on the elements that the applicant was shown to be 
deficient on the knowledge test; however, if the codes correspond to 
any archived elements that no longer apply to the ACS with which the 
practical test must align, evaluators would not include those elements 
on the practical test.\90\ Therefore, the FAA modified appendix 1 of 
the ACS series with an applicability statement in the minimum elements 
tested for each applicable task.
---------------------------------------------------------------------------

    \90\ The FAA notes, however, that the requirement for the 
applicant to demonstrate satisfactory knowledge of the deficient 
elements pursuant to Sec.  61.39(a)(6) remains in effect. In the 
case of an archived code, the applicant, and the authorized 
instructor in providing the endorsement, would use the ACS Companion 
Guide for Pilots to determine the specific subject area 
corresponding to that code.
---------------------------------------------------------------------------

D. Record of Changes

    The FAA received a number of editorial or minor changes to specific 
ACS, PTS, and the ACS Companion Guide for Pilots. Because the FAA 
concurs and adopts these changes as submitted, the FAA does not find it 
necessary to respond to each individual comment with substantial 
rationale. Additionally, during the pendency of the rulemaking, the FAA 
identified certain modifications necessary to improve the quality of 
the documents. The FAA presents the following record of changes as 
implemented in the ACS and PTS incorporated by reference in this final 
rule and the companion guide.

               Table 3--Record of Editorial/Minor Changes
------------------------------------------------------------------------
           Document                             Changes
------------------------------------------------------------------------
FAA-G-ACS-2, Airman            1. Modified Applicant's Checklist to
 Certification Standards        allow for ``printed or electronic''
 Companion Guide for Pilots.    Chart Supplement or AIM.
                               2. Replaced weather AC 00-6, AC 00-45,
                                and AC 00-54 with the Aviation Weather
                                Handbook (FAA-H-8083-28) in Section 5:
                                References.
                               3. Revised acronym ``KOL'' to ``KOEL``.
                               4. Added AC 60-22, Aeronautical Decision
                                Making to Section 5: References.
                               5. Removed FAA-H-8083-33 from Section 5:
                                References.
All Airman Certification       1. Added an introductory note in the
 Standards.                     Foreword referencing and explaining the
                                ACS Companion Guide for Pilots.
                               2. Added Pilots Handbook of Aeronautical
                                Knowledge (FAA-H-8083-25) and the Risk
                                Management Handbook (FAA-H-8083-2) as a
                                reference in various Tasks.
                               3. Replaced weather AC 00-6, AC 00-45,
                                and AC 00-54 with the Aviation Weather
                                Handbook (FAA-H-8083-28).
                               4. Revised weather task sub-element texts
                                to current weather products.
                               5. Added legend with added ratings table
                                acronym definitions in appendix 1,
                                Practical Test Roles, Responsibilities,
                                and Outcomes, where applicable.
                               6. Revised acronym ``KOL'' to ``KOEL'',
                                as applicable.
                               7. Included information related to
                                proficiency checks and English language
                                proficiency in the appendix 1, Practical
                                Test Roles, Responsibilities, and
                                Outcomes, Evaluator Responsibilities
                                section.
                               8. Edited Use of Flight Simulation
                                Training Devices (FSTD) paragraph in
                                appendix 3, Aircraft, Equipment, and
                                Operational Requirements & Limitations.
All Airplane Airman            1. Standardized use of ASEL, ASES, AMEL,
 Certification Standards.       and AMES acronyms.
                               2. Added Major Enhancements Section for
                                existing Airplane ACS providing a key of
                                added and archived elements.

[[Page 22510]]

 
FAA-S-ACS-11A, Airline         1. Corrected Table of Contents to include
 Transport Pilot and Type       the Credit for Pilot Time in an ATD
 Rating for Airplane Category   section.
 Airman Certification          2. Added AC 60-22, Aeronautical Decision
 Standards.                     Making, as a reference to AOO I,
                                Preflight Preparation, Task F, Human
                                Factors.
                               3. Added statement pertaining to certain
                                training and checking programs in
                                appendix 1, Practical Test Roles,
                                Responsibilities, and Outcomes,
                                Satisfactory Performance.
                               4. Added statement to appendix 3,
                                Aircraft, Equipment, and Operational
                                Requirements & Limitations, V. Stall
                                Prevention, ``Other warnings, cautions,
                                or alerts that do not meet the
                                definition of a stall warning, such as a
                                low airspeed warning, cannot be used as
                                an indication of an impending stall for
                                completion of these stall Tasks.''
FAA-S-ACS-25, Flight           1. Corrected out-of-sequence knowledge
 Instructor for Airplane        sub-element of K6 in AOO I, Fundamentals
 Category Airman                of Instructing, Task D, Student
 Certification Standards.       Evaluation, Assessment, and Testing.
                               2. Removed the AOO II, Technical Subject
                                Areas, Task H, Navigation Systems and
                                Radar Services task skill element
                                requiring an applicant to maintain the
                                appropriate altitude.
                               3. Added a note specifying the minimum
                                knowledge elements required in AOO II,
                                Technical Subject Areas, Task P, One
                                Engine Inoperative Performance.
                               4. Relocated information regarding
                                previously developed lesson plans from
                                the objective for AOO IV, Preflight
                                Lesson on a Maneuver to be Performed in
                                Flight, Task A, Maneuver Lesson, into a
                                note.
                               5. Replaced phrase within AI.VII.E.K2
                                ``approach and landing performance''
                                with ``takeoff and climb performance''.
                               6. Revised phrase within AI.X.D.R5 from
                                ``elevator stall'' to ``elevator trim
                                stall''.
                               7. Formatting revisions within appendix
                                1, Practical Test Roles,
                                Responsibilities, and Outcomes,
                                Evaluator Responsibilities.
FAA-S-ACS-7B, Commercial       1. Added 14 CFR 119.1(e) as a reference
 Pilot for Airplane Category    to the AOO I, Preflight Preparation,
 Airman Certification           Task A, Pilot Qualifications.
 Standards.                    2. Replaced phrase within CA.IV.E.K1 ``on
                                approach and landing performance'' with
                                ``on takeoff and climb performance''.
                               3. Added CA.VI.B.S5 element.
                               4. Revised phrase within CA.VII.C.R5 from
                                ``elevator stall'' with ``elevator trim
                                stall''.
                               5. Removed the complex airplane
                                requirement statement from appendix 3,
                                Aircraft, Equipment, and Operational
                                Requirements & Limitations, Equipment
                                Requirements & Limitations section.
FAA-S-ACS-6C, Private Pilot    1. Replaced phrase within PA.IV.E.K1 ``on
 for Airplane Category Airman   approach and landing performance'' with
 Certification Standards.       ``on takeoff and climb performance''.
                               2. Revised phrase within PA.VII.C.R5 from
                                ``elevator stall'' with ``elevator trim
                                stall''.
                               3. Revised AOO VIII, Basic Instrument
                                Maneuvers, Task E, Recovery from Unusual
                                Flight Attitudes,\91\ PA.VIII.E.R7
                                element text from ``High G situations''
                                to ``Operating envelope
                                considerations''.
                               4. Removed the complex airplane
                                requirement statement from appendix 3,
                                Aircraft, Equipment, and Operational
                                Requirements & Limitations, Equipment
                                Requirements & Limitations section.
FAA-S-ACS-8C, Instrument       1. Added note to AOO I, Preflight
 Rating--Airplane Airman        Preparation, Task C, Cross-Country
 Certification Standards.       Flight Planning, regarding use of a
                                computer-generated flight plan.
                               2. Removed instructor designation \92\
                                within appendix 1, Practical Test Roles,
                                Responsibilities, and Outcomes,
                                Instrument Proficiency Check.
All Powered-Lift Airman        1. Replaced ``VTOL'' and ``cruise'' with
 Certification Standards.       ``thrust-borne flight,'' ``semi-wing
                                borne flight,'' and ``wing-borne
                                flight,'' as applicable.
                               2. Replaced the term ``conversion/
                                transition'' with ``conversion,'' as
                                applicable.
                               3. Replaced ``conversion angle'' with
                                ``thrust vector angle,'' as applicable.
                               4. Removed FAA-H-8083-33 as a reference.
FAA-S-ACS-27, Flight           1. Removed AOO II, Technical Subject
 Instructor for Powered-Lift    Areas, Task H, Navigation Systems and
 Category Airman                Radar Services element, IL.II.H.S6,
 Certification Standards.       requiring an applicant to maintain the
                                appropriate altitude.
                               2. Relocated previously developed lesson
                                plan information for AOO IV, Preflight
                                Lesson on a Maneuver to be Performed in
                                Flight from ``objective'' to ``note''.
                               3. Specified checklists to be completed
                                in element IL.VIII.G.S1 of AOO VIII,
                                Takeoffs, Landings, and Go-Arounds, Task
                                G, Running/Roll-On Landing (i.e.,
                                approach and landing checklists).
                               4. Added note to AOO XII, Slow Flight and
                                Stalls, clarifying minimum Task
                                selection.
                               5. Added note to AOO XIV, Emergency
                                Operations, and AOO XV, Special
                                Operations, clarifying minimum Task
                                selection.
                               6. Formatting revisions within appendix
                                1. Practical Test Roles,
                                Responsibilities, and Outcomes.
FAA-S-ACS-2, Commercial Pilot  1. Added 14 CFR 119.1(e) as a reference
 for Powered-Lift Category      to AOO I, Preflight Preparation, Task A,
 Airman Certification           Pilot Qualifications.
 Standards.                    2. Specified checklists to be completed
                                in CP.V.G.S1 of AOO V, Takeoffs,
                                Landings, and Go-Arounds, Task G,
                                Running/Roll-On Landing (i.e., the
                                approach and landing checklists).
                               3. Revised ``Addition of a Powered-Lift
                                Rating to an Existing Commercial Pilot
                                Certificate'' table to specify that
                                selection requirements for Tasks are set
                                forth in the body of the ACS (defined by
                                an asterisk) rather than a requirement
                                to test all tasks under that AOO.

[[Page 22511]]

 
FAA-S-ACS-13, Private Pilot    1. Added sub-element (e) to AOO I,
 for Powered-Lift Category      Preflight Preparation, Task B,
 Airman Certification           Airworthiness Requirements, PL.I.B.K1
 Standards.                     (Owner/Operator and pilot-in-command
                                responsibilities).
                               2. Specified checklists to be completed
                                in PL.V.G.S1 of AOO V, Takeoffs,
                                Landings, and Go-Arounds, Task G,
                                Running/Roll-On Landing (i.e., the
                                approach and landing checklists).
                               3. Added PL.VIII.B.S5 to AOO VIII,
                                Navigation, Task B, Navigation and Radar
                                Services (Recognize signal loss or
                                interference and take appropriate
                                action, if applicable).
                               4. Revised ``Addition of a Powered-Lift
                                Rating to an Existing Private Pilot
                                Certificate'' table to specify that
                                selection requirements for Tasks are set
                                forth in the body of the ACS (defined by
                                an asterisk) rather than a requirement
                                to test all tasks under that AOO.
FAA-S-ACS-28, Flight           1. Corrected prefix of ACS Codes for AOO
 Instructor--Instrument         II, Technical Subject Areas, Task E,
 Rating Powered-Lift Airman     Regulations and Publications Related to
 Certification Standards.       Instrument Flight Operations.
                               2. Added note to AOO III, Preflight
                                Preparation, Task B, Cross-Country
                                Flight Planning regarding use of a
                                computer-generated flight plan.
                               3. Relocated information regarding
                                previously developed lesson plans from
                                the objective for AOO IV, Preflight
                                Lesson on a Maneuver to be Performed in
                                Flight, Task A, Maneuver Lesson, into a
                                note.
                               4. Formatting revisions within appendix
                                1. Practical Test Roles,
                                Responsibilities, and Outcomes.
                               5. Added instructions to appendix 2 for
                                the evaluator in the case of Task
                                failure due to ADM considerations.
FAA-S-ACS-3, Instrument        1. Added note to AOO I, Preflight
 Rating--Powered-Lift Airman    Preparation, Task C, Cross-Country
 Certification Standards.       Flight Planning, regarding use of a
                                computer-generated flight plan.
                               2. Removed instructor designation within
                                appendix 1, Practical Test Roles,
                                Responsibilities, and Outcomes,
                                Instrument Proficiency Check.
FAA-S-ACS-29, Flight           1. Added the Helicopter Instructor's
 Instructor for Rotorcraft      Handbook (FAA-H-8083-4) as a reference
 Category Helicopter Rating     to various tasks.
 Airman Certification          2. Corrected AOO II, Technical Subject
 Standards.                     Areas, Task I, Navigation Systems and
                                Radar Services, by removing proposed
                                HI.II.I.R5 element requiring the use of
                                autopilot to make appropriate course
                                intercepts (if installed and at the
                                evaluator's discretion) and adding a new
                                task element requiring use of an EFB (if
                                used).
                               3. Removed the AOO II, Technical Subject
                                Areas, Task I, Navigation Systems and
                                Radar Services task skill element
                                HI.II.I.S5 requiring an applicant
                                Recognize loss of navigational signal
                                and take appropriate action.
                               4. Removed the AOO II, Technical Subject
                                Areas, Task I, Navigation Systems and
                                Radar Services task element HI.II.I.S7
                                requiring an applicant to maintain the
                                appropriate altitude.
                               5. Relocated information regarding
                                previously developed lesson plans from
                                the objective for AOO IV, Preflight
                                Lesson on a Maneuver to be Performed in
                                Flight, Task A, Maneuver Lesson, into a
                                note.
                               6. Changed AOO V, Preflight Procedures,
                                Task D, Before Takeoff Check, HI.V.D.R1
                                element from ``NTSB accident reporting''
                                to ``Division of Attention while
                                conducting before takeoff checks''.
                               7. Added risk element HI.V.D.R3,
                                ``Hazardous effects of downwash'' to AOO
                                V, Preflight Procedures, Task D, Before
                                Takeoff Check.
                               8. Added notes to AOO VI (Airport and
                                Heliport Operations), AOO VII (Hovering
                                Maneuvers), AOO VIII (Takeoffs,
                                Landings, and Go-Arounds), and AOO X
                                (Performance Maneuvers) clarifying
                                minimum Task selection.
                               9. Revised title of AOO VIII, Takeoffs,
                                Landings, and Go-Arounds, Task B, from
                                ``Normal Approach and Landing'' to
                                ``Normal and Crosswind Approach''.
                               10. Revised element HI.X.B.S9 in AOO X,
                                Performance Maneuvers, Task B, Straight-
                                in-Autorotation in a Single-Engine
                                Helicopter for clarity.
                               11. Reworded objective of AOO X,
                                Performance Maneuvers, Task C,
                                Autorotation With Turns in a Single-
                                Engine Helicopter, to remove redundancy.
                               12. Aligned AOO XI, Emergency Operations,
                                Task E, Recovery from Unusual Flight
                                Attitudes, HI.XI.E.S1 \93\ to the
                                Instrument Helicopter ACS.
                               13. Provided additional guidance to
                                evaluators regarding operations at the
                                start or completion of a maneuver within
                                appendix 1, in the Evaluator
                                Responsibilities section.
                               14. Formatting revisions within appendix
                                1. Practical Test Roles,
                                Responsibilities, and Outcomes.
                               15. Clarified the requirement in appendix
                                3, Aircraft, Equipment, and Operational
                                Requirements & Limitations, in the
                                Single and Multiengine Helicopters
                                section that an applicant must provide a
                                single-engine helicopter capable of
                                demonstrating touchdown autorotations.
                               16. Added information to appendix 3,
                                Aircraft, Equipment, and Operational
                                Requirements & Limitations, to indicate
                                that the briefing in reference to AOO
                                XI, Emergency Operations, Task E,
                                Recovery from Unusual Flight Attitudes,
                                must address any hazards associated with
                                the rotor system.
FAA-S-ACS-16, Commercial       1. Added 14 CFR 119.1(e) as a reference
 Pilot for Rotorcraft           to AOO I, Preflight Preparation, Task A,
 Category Helicopter Rating     Pilot Qualifications.
 Airman Certification          2. Added FAA-H-8083-21 to AOO I,
 Standards.                     Preflight Preparation, Task C, Weather
                                Information.
                               3. Revised title of AOO V, Takeoffs,
                                Landings, and Go-Arounds, Task B, from
                                ``Normal Approach and Landing'' to
                                ``Normal and Crosswind Approach''.
                               4. Revised CH.VI.B.S9 in AOO VI,
                                Performance Maneuvers, Task B, Straight-
                                in-Autorotation in a Single-Engine
                                Helicopter for clarity.

[[Page 22512]]

 
                               5. Added risk element CH.VIII.B.R7,
                                ``Powerplant failure during the
                                maneuver'', to AOO VIII, Emergency
                                Operations, Task B, Powerplant Failure
                                at Altitude in a Single-Engine
                                Helicopter.
                               6. Aligned AOO VIII, Emergency
                                Operations, Task M, Recovery from
                                Unusual Flight Attitudes, CH.VIII.M.S1
                                \94\ to the Instrument Helicopter ACS.
                               7. Provided additional guidance to
                                evaluators regarding operations at the
                                start or completion of a maneuver within
                                appendix 1 in the Evaluator
                                Responsibilities section.
                               8. Added a note to the added ratings
                                table explaining asterisks in the
                                appendix 1, Practical Test Practical
                                Test Roles, Responsibilities, and
                                Outcomes.
                               9. Added information to appendix 3,
                                Aircraft, Equipment, and Operational
                                Requirements & Limitations, in reference
                                to AOO VIII, Emergency Operations, Task
                                M, Recovery from Unusual Flight
                                Attitudes that the briefing must address
                                any hazards associated with the rotor
                                system.
FAA-S-ACS-15, Private Pilot    1. Added FAA-H-8083-21 to AOO I,
 for Rotorcraft Category        Preflight Preparation, Task C, Weather
 Helicopter Rating Airman       Information.
 Certification Standards.      2. Designated task selection for AOO IV,
                                Hovering Maneuvers, and AOO V, Takeoffs,
                                Landings, and Go-Arounds when an
                                applicant provides a helicopter with
                                wheel-type landing gear.
                               3. Revised title of AOO V, Takeoffs,
                                Landings, and Go-Arounds, Task B, from
                                ``Normal Approach and Landing'' to
                                ``Normal and Crosswind Approach''.
                               4. Revised element PH.VI.B.S9 in AOO VI,
                                Performance Maneuvers, Task B, Straight-
                                in-Autorotation in a Single-Engine
                                Helicopter for clarity.
                               5. Added risk element PH.VIII.B.R7,
                                ``Powerplant failure during the
                                maneuver,'' to AOO VIII, Emergency
                                Operations, Task B, Powerplant Failure
                                at Altitude in a Single-Engine
                                Helicopter.
                               6. Provided additional guidance to
                                evaluators regarding operations at the
                                start or completion of a maneuver within
                                appendix 1 in the Evaluator
                                Responsibilities section.
                               7. Revised ``Addition of a Rotorcraft
                                Category Helicopter Rating to an
                                Existing Private Pilot Certificate''
                                table to specify that selection
                                requirements for Tasks are set forth in
                                the body of the ACS (defined by an
                                asterisk) rather than a requirement to
                                test all tasks under that AOO.
FAA-S-ACS-14, Instrument       1. Added note to AOO I, Preflight
 Rating--Helicopter Airman      Preparation, Task C, Cross-Country
 Certification Standards.       Flight Planning, regarding use of a
                                computer-generated flight plan.
                               2. Added note below ``Addition of a
                                Helicopter Rating to an Existing
                                Instrument Rating Certificate'' table in
                                appendix 1 indicating that AOO VII,
                                Emergency Operations, Task B, Instrument
                                Approach and Landing with an Inoperative
                                Engine (Simulated) (Multiengine
                                Helicopter Only), applies only if the
                                applicant supplies a multiengine
                                helicopter.
                               3. Removed instructor designation within
                                appendix 1, Practical Test Roles,
                                Responsibilities, and Outcomes,
                                Instrument Proficiency Check.
                               4. Added to appendix 3, Aircraft,
                                Equipment, and Operational Requirements
                                & Limitations, in reference to AOO IV,
                                Flight by Reference to Instruments, Task
                                B, Recovery from Unusual Flight
                                Attitudes that the briefing must address
                                any hazards associated with the rotor
                                system.
All PTS......................  1. Replaced Area Forecast (FA) with
                                Graphical Forecasts for Aviation (GFA),
                                as applicable.
                               2. Replaced weather AC 00-6, AC 00-45,
                                and AC 00-54 with the Aviation Weather
                                Handbook (FAA-H-8083-28).
                               3. Replaced A/FD with Chart Supplements.
FAA-S-8081-8C, Flight          1. Replaced the Soaring Flight Manual
 Instructor Practical Test      with the Glider Flying Handbook (FAA-H-
 Standards for Glider           8083-13).
 Category.                     2. Revised AOO II, Technical Subject
                                Areas, Task A, Aeromedical Factors,
                                element 10 to, ``Stress and Fatigue
                                causes, effects, and corrective
                                actions''.
                               3. Added AOO II, Technical Subject Areas,
                                Task A, Aeromedical Factors, element 11,
                                ``Visual Illusions''.
FAA-S-8081-23B, Commercial     1. Added AOO I, Preflight Preparation,
 Pilot Practical Test           Task C, Weather Information, element
 Standards for Glider           1.c, ``Contents of a standard briefing
 Category.                      and soaring forecast''.
                               2. Added AOO I, Preflight Preparation,
                                Task F, Aeromedical Factors, element
                                1.i, ``Visual Illusions.''
                               3. Revised AOO III, Airport and
                                Gliderport Operations, Task C, Airport,
                                Runway, and Taxiway, Signs, Marking, and
                                Lighting, element 1, to align with task
                                description.
FAA-S-8081-22A, Private Pilot  1. Replaced the Soaring Flight Manual
 Practical Test Standards for   with The Glider Flying Handbook (FAA-H-
 Glider Category.               8083-13).
                               2. Added AOO I, Preflight Preparation,
                                Task B, Weather Information, element
                                1.c, ``Contents of a standard briefing
                                and soaring forecast''.
                               3. Added AOO I, Preflight Preparation,
                                Task E, Aeromedical Factors, element
                                1.i, ``Visual Illusions.''
                               4. Revised AOO III, Airport and
                                Gliderport Operations, Task C, Airport,
                                Runway, and Taxiway Signs, Markings, and
                                Lighting, element 1, to align with task
                                description.
FAA-S-8081-17A, Private Pilot  1. Changed AOO I, Preflight Preparation,
 Practical Test Standards for   Task A, Certificates and Documents,
 Lighter-Than-Air Category.     element 1.b, from ``medical statement''
                                to ``medical fitness''.
                               2. Restored checklist usage element in
                                AOO IV, Launches and Landings, Task B,
                                Launch Over Obstacle; AOO VI,
                                Navigation, Task A, Navigation; and AOO
                                VII, Emergency Equipment, Task B,
                                Emergency Equipment and Survival Gear.
FAA-S-8081-32A, Private Pilot  1. Corrected inconsistent Weight-Shift-
 Practical Test Standards for   Control hyphenation.
 Powered Parachute Category
 and Weight-Shift-Control
 Aircraft Category.
FAA-S-8081-31A, Sport Pilot    1. Corrected inconsistent Weight-Shift-
 and Sport Pilot Flight         Control hyphenation.
 Instructor Practical Test
 Standards for Powered
 Parachute Category and
 Weight-Shift-Control
 Category.

[[Page 22513]]

 
FAA-S-8081-9E, Flight          1. Replaced TIBS and TWEB with sources of
 Instructor Instrument          weather data in AOO III, Preflight
 Practical Test Standards for   Preparation, Task A, Weather
 Airplane Rating and            Information, element 1.b and removed
 Helicopter Rating.             from abbreviations/acronyms list.
                               2. Corrected ``Pilot heat'' to read
                                ``Pitot heat''.
                               3. Removed Stability Chart from element
                                2.h in AOO III, Preflight Preparation,
                                Task A, Weather Information.
FAA-S-8081-10E, Aircraft       1. Removed EWINS from AOO I, Flight
 Dispatcher Practical Test      Planning/Dispatch Release, Task C,
 Standards.                     Weather Observation, Analysis, and
                                Forecasts.
                               2. Removed footnote 4 regarding AELS in
                                AOO I, Flight Planning/Dispatch Release,
                                Task E, Aircraft Systems, Performance,
                                and Limitations.
                               3. Removed approaches list from element 5
                                in AOO IV, Arrival, Approach, and
                                Landing Procedures, Task A, ATC and Air
                                Navigation Procedures.
                               4. Removed ETOPS, EWINS, PAR, and PRM
                                from Acronyms/Abbreviations list.
------------------------------------------------------------------------

E. Out of Scope
---------------------------------------------------------------------------

    \91\ See section IV.C. of this preamble for additional 
information on changes to the elements within this task due to 
coding.
    \92\ Because the FAA designates instructors giving an IPC as 
evaluators, the term ``evaluator'' would inherently include 
instructors.
    \93\ As discussed in section VI.B.2.iii of this preamble, the 
adopted Flight Instructor for Rotorcraft Category Helicopter Rating 
ACS adds the task Flight Solely by Reference to Instruments as AOO 
X, Task D. As a result, the lettering in the subsequent tasks 
shifted by one letter. Therefore, this element appeared in the 
proposed ACS as HI.XI.D.S1 under the Recovery from Unusual Flight 
Attitudes Task D, now Task E.
    \94\ As discussed in section VI.B.2.iii of this preamble, the 
adopted Commercial Pilot for Rotorcraft Category Helicopter Rating 
ACS adds the task Flight Solely by Reference to Instruments as AOO 
VIII, Task L. As a result, the lettering in the subsequent tasks 
shifted by one letter. Therefore, this element appeared in the 
proposed ACS as CH.VIII.L.S1 under the Recovery from Unusual Flight 
Attitudes Task L, now Task M.
---------------------------------------------------------------------------

    The FAA received multiple comments that were considered out of 
scope. This section summarizes such comments and provides a brief 
response.
    One commenter stated that part 141 pilot schools and part 142 
training centers should be required to report disapprovals or 
unsatisfactory results on final progress checks to the pilot records 
database, so all pilots are treated equally. The FAA notes that the 
pilot records database facilitates the sharing of pilot records among 
those air carriers, operators, and entities set forth by 14 CFR 111.1. 
The applicability provisions of the part 111 pilot records database do 
not include either part 141 pilot schools or part 142 air agencies, nor 
did the FAA contemplate adding disapprovals for unsatisfactory checks 
to part 111 in the NPRM.\95\
---------------------------------------------------------------------------

    \95\ In 2010, Congress directed the Administrator to establish 
the pilot records database. 49 U.S.C. 44703(i). The plain language 
of the statute only permits the FAA to require employers of pilots 
to report records. Part 142 training centers and part 141 pilot 
schools do not qualify as the employers of the pilots who receive 
training and checking. See Pilot Records Database, 86 FR 31016 (Jun. 
10, 2021).
---------------------------------------------------------------------------

    One commenter expressed concern about the testing standards in part 
65 for airmen other than flight crewmembers. Specifically, the 
commenter stated that, while the written exam (knowledge test) and oral 
exam for mechanics are graded to a minimum 70% passing score, the 
practical test for mechanics should be passed to a 100% score. The FAA 
notes that passing rate for all part 65 tests is set forth in Sec.  
65.17(b) and applies to those tests for applicants of an air traffic 
control, aircraft dispatcher, mechanic, repairman, and parachute rigger 
certificate. This rulemaking did not propose any changes to the passing 
rates for any airmen testing and, therefore, considers any changes to 
the required score outside of the scope of this final rule. The FAA may 
consider rulemaking on this topic at a future date.
    One commenter asked if the definition of autorotation in 14 CFR 
part 1 required a change to include powered-lift aircraft, as it 
currently only applies to rotorcraft. First, the FAA notes that the 
powered-lift ACS do not use the term ``autorotation.'' Further, the FAA 
did not propose any changes to definitions within 14 CFR 1.1 and, 
therefore, considers changing the definition of autorotation out of the 
scope of this rulemaking. As previously discussed in this preamble, the 
powered-lift rulemaking project is the more appropriate vehicle to 
contemplate discrete issues in the certification of powered-lift and 
airmen that will operate such aircraft, including the applicability of 
autorotation as a term. The FAA will reconcile the powered-lift final 
rule with this final rule, as applicable.
    The ARAC ACS WG commented that the ground instructor certificate 
should have its own ACS incorporated by reference. Subpart I of part 61 
governs the requirements for the issuance and conditions and 
limitations of ground instructor certificates and ratings. Among other 
eligibility requirements, a ground instructor is required to take only 
a knowledge test; \96\ there is no practical test associated with a 
ground instructor certificate or rating. Therefore, the FAA did not 
draft a ground instructor PTS or ACS. Additionally, as the regulated 
community would not have had an opportunity to inspect the draft, it 
would obviate notice and comment procedures under the APA. Therefore, 
at this time, a ground instructor standard is out of scope of this 
rulemaking but may be considered at a future date.
---------------------------------------------------------------------------

    \96\ 14 CFR 61.213.
---------------------------------------------------------------------------

    One commenter made several suggestions to address vertical flight 
infrastructure standards such as heliports, helistops, helidecks, 
Emergency Helicopter Landing Facilities (EHLF), Predesignated Emergency 
Landing Areas (PELA), vertiports, vertistops and droneports. The 
commenter expressed that these vertical flight infrastructure elements 
are safety sensitive, and yet there are little to no test questions 
about this subject area, resulting in little training. The commenter 
asserted that education materials must contain information about this 
subject area before test questions and, thus, requested the FAA to 
include vertical flight infrastructure subject matter into certain 
handbooks, and, eventually, the powered-lift and helicopter ACS. The 
FAA notes that it can revise information in handbooks outside of 
rulemaking, as the APA does not apply to these guidance documents, and 
the FAA may do so to account for future ACS updates. Additionally, the 
majority of the helicopter and powered-lift ACS include the area of 
operation ``Airport and Heliport Operations,'' which should encompass 
testing (and training) regarding these assets that comprise vertical 
infrastructure.

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other

[[Page 22514]]

requirements. First, Executive Order 12866 and Executive Order 13563, 
as amended by Executive Order 14094 (``Modernizing Regulatory 
Review''), direct that each Federal agency shall propose or adopt a 
regulation only upon a reasoned determination that the benefits of the 
intended regulation justify the 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 that may result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more (adjusted annually for inflation) in 
any one year. The current threshold after adjustment for inflation is 
$177,000,000, using the most current (2022) Implicit Price Deflator for 
the Gross Domestic Product. This portion of the preamble summarizes the 
FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA determined that this rule: 
will result in benefits that justify costs; is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 12866 
as amended by Executive Order 14094; 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.

A. Regulatory Evaluation

    On December 12, 2022, the FAA published a Notice of Proposed 
Rulemaking (NPRM) and received comments from 39 individuals and 
organizations on the proposed rule. However, none of these comments 
expressed concerned with economic impacts of the proposal. Therefore, 
this regulatory evaluation has no new changes over the regulatory 
analyses provided in the NPRM.
    Through this rulemaking, the FAA incorporated certain PTS and ACS 
by reference into parts 61, 63, and 65 so the standards carry the full 
force and effect of regulation. Because of the unique nature of the PTS 
and ACS documents, which are lengthy and contain complex and technical 
tables, the FAA used the mechanism of IBR. IBR allows Federal agencies 
to comply with the requirements of the APA to publish rules in the 
Federal Register and the Code of Federal Regulations by referring to 
material published elsewhere. Material that is incorporated by 
reference has the same legal status as if it were published in full in 
the Federal Register and the Code of Federal Regulations.
1. Baseline for the Analysis
    Title 14 CFR parts 61, 63, and 65 prescribe the requirements for 
airmen to obtain a certificate and/or rating. Each part contains the 
general requirements for eligibility, aeronautical knowledge, flight 
proficiency, and aeronautical experience requirements, as applicable, 
for each certificate and/or rating sought. This generally includes the 
requirement to pass a practical test specific to the certificate and/or 
rating sought.
    The PTS and the ACS impose requirements on all persons seeking an 
airman certificate and/or rating. The PTS and ACS require an applicant 
seeking a certificate and/or rating to complete specific tasks and 
maneuvers to a minimum given standard in order to obtain the applicable 
certificate and/or rating. As such, if an applicant does not perform a 
task to the prescribed standard, found in the applicable ACS or PTS, 
the applicant cannot obtain the applicable certificate and/or rating. 
Unsatisfactory performance results in a notice of disapproval and/or 
denial of the certificate and/or rating. The PTS and the ACS, which are 
finalized by this rule to be incorporated by reference, are the testing 
standards that are already in use or the process by which the practical 
test is conducted.
2. Benefits
    The mechanism of IBR allows Federal Agencies to comply with the 
requirement to publish rules in the Federal Register and the CFR by 
referring to material already published elsewhere.\97\ IBR functions to 
substantially reduce the size of 14 CFR parts 61, 63, and 65, which 
would otherwise require the PTS and ACS to be replicated in their 
entirety into the regulations, resulting in hundreds of additional 
pages including complex and technical tables that would be unsuitable 
for the CFR. The FAA will continue to draw on the expertise and 
resources of the aviation industry to develop and update the testing 
standards and strengthen private-public collaboration and transparency. 
IBR will maintain public and private industry collaboration. 
Additionally, while the practical tests are currently conducted in 
accordance with the PTS and ACS, applicants for a certificate and/or 
rating, and pilots completing proficiency checks, will be better 
informed about the exact tasks and objectives required to successfully 
complete each area of operation because evaluators will be required to 
test on the exact tasks contained in the applicable PTS and/or ACS. 
Further, instructors are encouraged to utilize the applicable ACS and/
or PTS during training to ensure applicants are equipped with the 
knowledge and proficiency to successfully complete a practical test or 
proficiency check. Applicants and instructors are, therefore, 
benefitted by transparency and specificity in test preparation.
---------------------------------------------------------------------------

    \97\ IBR Handbook, Office of the Federal Register (June, 2023).
---------------------------------------------------------------------------

3. Costs
    The FAA has evaluated the cost impacts to the stakeholders involved 
in this final rule, which includes airmen and the FAA. As discussed in 
the NPRM preamble, the FAA noted the addition of tasks within four ACS 
(Commercial Pilot for Airplane Category ACS, Private Pilot for 
Rotorcraft Category Helicopter Rating ACS, Commercial Pilot for 
Rotorcraft Category Helicopter Rating ACS, and Flight Instructor for 
Rotorcraft Category Helicopter Rating ACS).\98\ Additionally, since the 
NPRM, the FAA notes the addition of the task Flight Solely by Reference 
to Instruments within two ACS (Flight Instructor for Rotorcraft 
Category Helicopter Rating ACS and Commercial Pilot for Rotorcraft 
Category Helicopter Rating ACS) from an outgrowth of ARAC ACS WG 
comments.\99\ The FAA determined these additions would add negligible 
amount of time to the completion of ACS, but will have no quantifiable 
cost impact. These added tasks may be completed concurrently with tasks 
already required on the transitioned

[[Page 22515]]

ACS and add a few minutes to the requisite practical test. In sum, the 
FAA anticipates this final rule will result in no additional cost 
impacts to airmen and the FAA.
---------------------------------------------------------------------------

    \98\ Specifically, the NPRM highlighted tasks in the proposed 
ACS: (1) the Forward Slip to the Landing task requirement (see note 
following Addition of an Airplane Single-Engine Land Rating to an 
Existing Commercial Pilot Certificate) in the Commercial Pilot for 
Airplane Category ACS; (2) the Approach and Landing with One Engine 
Inoperative task (AOO VII, Task C) in the Private Pilot for 
Rotorcraft Category Helicopter Rating ACS; (3) the Anti-Torque 
System Failure (Oral Only) task (AOO VIII, Task G), the Recovery 
from Unusual Flight Attitudes task (AOO VIII, Task M), and the Night 
Operations task (AOO I, Task I) in the Commercial Pilot for 
Rotorcraft Category Helicopter Rating ACS; and (4) the Recovery from 
Unusual Flight Attitudes task (AOO XI, Task E) in the Flight 
Instructor for Rotorcraft Category Helicopter Rating ACS. See 87 FR 
75962.
    \99\ See section IV.B.2.iii of this preamble for additional 
discussion on this task.
---------------------------------------------------------------------------

i. Applicants and Airmen
    The FAA does not anticipate new costs to applicants for an initial 
certificate and/or rating and existing airmen (e.g., pilots completing 
proficiency checks, pilots seeking additional certificates and/or 
ratings) because there are no substantive changes to the testing 
processes, areas of operation, or elements upon which airmen are 
currently tested in order to obtain a certificate, as the practical 
tests are already conducted in accordance with the applicable ACS/PTS. 
Rather, this rule incorporates the documents by reference into the 
regulations to ensure compliance with the APA and provide the public 
with requisite notice and an opportunity to comment. Therefore, 
applicants seeking a certificate and/or rating and currently 
certificated pilots performing proficiency checks will not incur 
additional costs.
ii. The FAA
    The FAA does not anticipate new costs to the agency because the FAA 
is not changing the process by which testing is conducted or the manner 
in which PTS and ACS are currently implemented.
4. Regulatory Alternatives
    The FAA did not consider regulatory alternatives for this final 
rule as there are no legally supportable alternatives to mandating the 
requirements for airman certification and ensuring consistent standards 
for airman certificates and ratings.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), require 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.
    The FAA has not identified any small entities that would be 
affected by the final rule because this rule does not affect the 
content of the practical test or how the practical test is currently 
conducted. While there are many small entities that employ persons who 
conduct practical tests on behalf of the Administrator and administer 
proficiency checks for airmen, there are no changes to these existing 
procedures and exams, in practice (i.e., evaluators already utilize the 
applicable ACS and/or PTS). Therefore, for the reasons provided, the 
FAA certifies that the rule will not have a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The 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 effects of this rule and finds it does not 
create an unnecessary obstacle to foreign commerce.

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 this final rule will not result in 
the expenditure of $177 million 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)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

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 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 (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will 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, will 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,\100\ and FAA Order 
1210.20, American Indian and Alaska Native Tribal Consultation Policy 
and Procedures,\101\ 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 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal

[[Page 22516]]

government and Indian tribes; or 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 final rule.
---------------------------------------------------------------------------

    \100\ 65 FR 67249 (Nov. 6, 2000).
    \101\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FAA has determined that it is not a 
``significant energy action'' under the executive order and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory 
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 will have no 
effect on international regulatory cooperation.

VII. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this 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 final rule was 
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.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, 800 Independence Avenue 
SW, Washington, DC 20591, or by calling (202) 267-9677. Commenters must 
identify the docket or notice number of this rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. 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 https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Incorporation by reference, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements, Teachers.

14 CFR Part 63

    Aircraft, Airmen, Aviation safety, Incorporation by reference, 
Navigation (air), Reporting and recordkeeping requirements.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Aviation 
safety, Incorporation by reference, Reporting and recordkeeping 
requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, 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); and sec. 318, Pub. 
L. 115-254, 132 Stat. 3186 (49 U.S.C. 44703 note).


0
2. Add Sec.  61.14 to read as follows:


Sec.  61.14  Incorporation by Reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the Federal Aviation 
Administration (FAA) and at the National Archives and Records 
Administration (NARA). Contact FAA, Training and Certification Group, 
202-267-1100, faa.gov">ACSPTSinquiries@faa.gov. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material may be obtained from the Federal Aviation Administration, 800 
Independence Avenue SW, Washington DC 20591, 866-835-5322, www.faa.gov/training_testing.
    (a) Practical Test Standards. (1) FAA-S-8081-3B, Recreational Pilot 
Practical Test Standards for Airplane Category and Rotorcraft Category, 
November 2023; IBR approved for Sec.  61.43 and appendix A to this 
part.
    (2) FAA-S-8081-7C, Flight Instructor Practical Test Standards for 
Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for 
Sec.  61.43 and appendix A to this part.
    (3) FAA-S-8081-8C, Flight Instructor Practical Test Standards for 
Glider Category, November 2023; IBR approved for Sec.  61.43 and 
appendix A to this part.
    (4) FAA-S-8081-9E, Flight Instructor Instrument Practical Test 
Standards for Airplane Rating and Helicopter Rating, November 2023; IBR 
approved for Sec.  61.43 and appendix A to this part.
    (5) FAA-S-8081-15B, Private Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for 
Sec.  61.43 and appendix A to this part.
    (6) FAA-S-8081-16C, Commercial Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for 
Sec.  61.43 and appendix A to this part.
    (7) FAA-S-8081-17A, Private Pilot Practical Test Standards for 
Lighter-Than-Air Category, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (8) FAA-S-8081-18A, Commercial Pilot Practical Test Standards for 
Lighter-Than-Air Category, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (9) FAA-S-8081-20A, Airline Transport Pilot and Aircraft Type 
Rating Practical Test Standards for Rotorcraft Category Helicopter 
Rating, November 2023; IBR approved for Sec. Sec.  61.43 and 61.58, and 
appendix A to this part.
    (10) FAA-S-8081-22A, Private Pilot Practical Test Standards for 
Glider Category, November 2023; IBR approved for Sec.  61.43 and 
appendix A to this part.

[[Page 22517]]

    (11) FAA-S-8081-23B, Commercial Pilot Practical Test Standards for 
Glider Category, November 2023; IBR approved for Sec.  61.43 and 
appendix A to this part.
    (12) FAA-S-8081-29A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Airplane Category, Rotorcraft 
Category, and Glider Category, November 2023; IBR approved for 
Sec. Sec.  61.43, 61.321, and 61.419, and appendix A to this part.
    (13) FAA-S-8081-30A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Lighter-Than-Air Category, November 
2023; IBR approved for Sec. Sec.  61.43, 61.321, and 61.419, and 
appendix A to this part.
    (14) FAA-S-8081-31A, Sport Pilot and Sport Pilot Flight Instructor 
Practical Test Standards for Powered Parachute Category and Weight-
Shift-Control Aircraft Category, November 2023; IBR approved for 
Sec. Sec.  61.43, 61.321, and 61.419, and appendix A to this part.
    (15) FAA-S-8081-32A Private Pilot Practical Test Standards for 
Powered Parachute Category and Weight-Shift-Control Aircraft Category, 
November 2023; IBR approved for Sec.  61.43 and appendix A to this 
part.
    (b) Airman Certification Standards. (1) FAA-S-ACS-2, Commercial 
Pilot for Powered-Lift Category Airman Certification Standards, 
November 2023; IBR approved for Sec.  61.43 and appendix A to this 
part.
    (2) FAA-S-ACS-3, Instrument Rating--Powered-Lift Airman 
Certification Standards, November 2023; IBR approved for Sec. Sec.  
61.43 and 61.57, and appendix A to this part.
    (3) FAA-S-ACS-6C, Private Pilot for Airplane Category Airman 
Certification Standards, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (4) FAA-S-ACS-7B, Commercial Pilot for Airplane Category Airman 
Certification Standards, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (5) FAA-S-ACS-8C, Instrument Rating--Airplane Airman Certification 
Standards, November 2023; IBR approved for Sec. Sec.  61.43 and 61.57, 
and appendix A to this part.
    (6) FAA-S-ACS-11A, Airline Transport Pilot and Type Rating for 
Airplane Category Airman Certification Standards, November 2023; IBR 
approved for Sec. Sec.  61.43 and 61.58, and appendix A to this part.
    (7) FAA-S-ACS-13, Private Pilot for Powered-Lift Category Airman 
Certification Standards, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (8) FAA-S-ACS-14, Instrument Rating--Helicopter Airman 
Certification Standards, November 2023; IBR approved for Sec. Sec.  
61.43 and 61.57, and appendix A to this part.
    (9) FAA-S-ACS-15, Private Pilot for Rotorcraft Category Helicopter 
Rating Airman Certification Standards, November 2023; IBR approved for 
Sec.  61.43 and appendix A to this part.
    (10) FAA-S-ACS-16, Commercial Pilot for Rotorcraft Category 
Helicopter Rating Airman Certification Standards, November 2023; IBR 
approved for Sec.  61.43 and appendix A to this part.
    (11) FAA-S-ACS-17, Airline Transport Pilot and Type Rating for 
Powered-Lift Category Airman Certification Standards, November 2023; 
IBR approved for Sec. Sec.  61.43 and 61.58, and appendix A to this 
part.
    (12) FAA-S-ACS-25, Flight Instructor for Airplane Category Airman 
Certification Standards, November 2023; IBR approved for Sec.  61.43 
and appendix A to this part.
    (13) FAA-S-ACS-27, Flight Instructor for Powered-Lift Category 
Airman Certification Standards, November 2023; IBR approved for Sec.  
61.43 and appendix A to this part.
    (14) FAA-S-ACS-28, Flight Instructor--Instrument Rating Powered-
Lift Airman Certification Standards, November 2023; IBR approved for 
Sec.  61.43 and appendix A to this part.
    (15) FAA-S-ACS-29, Flight Instructor for Rotorcraft Category 
Helicopter Rating Airman Certification Standards, November 2023; IBR 
approved for Sec.  61.43 and appendix A to this part.

0
3. Amend Sec.  61.43 by revising paragraphs (a)(1) through (3) to read 
as follows:


Sec.  61.43  Practical tests: General procedures.

    (a) * * *
    (1) Performing the tasks specified in the areas of operation 
contained in the applicable Airman Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14) as listed 
in appendix A of this part for the airman certificate or rating sought;
    (2) Demonstrating mastery of the aircraft by performing each task 
required by paragraph (a)(1) of this section successfully;
    (3) Demonstrating proficiency and competency of the tasks required 
by paragraph (a)(1) of this section within the approved standards; and
* * * * *

0
4. Amend Sec.  61.57 by revising paragraph (d)(1) introductory text to 
read as follows:


Sec.  61.57  Recent Flight Experience: Pilot in Command.

* * * * *
    (d) * * *
    (1) Except as provided in paragraph (e) of this section, a person 
who has failed to meet the instrument experience requirements of 
paragraph (c) of this section for more than six calendar months may 
reestablish instrument currency only by completing an instrument 
proficiency check. The instrument proficiency check must include the 
areas of operation contained in the applicable Airman Certification 
Standards (incorporated by reference, see Sec.  61.14) as listed in 
appendix A of this part as appropriate to the rating held.
* * * * *

0
5. Amend Sec.  61.58 by revising paragraph (d)(1) to read as follows:


Sec.  61.58  Pilot in command proficiency check: Operation of an 
aircraft that requires more than one pilot flight crewmember or is 
turbojet-powered.

* * * * *
    (d) * * *
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the areas of operation 
contained in the applicable Airman Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14); as listed 
in appendix A of this part appropriate to the rating held, in an 
aircraft that is type certificated for more than one pilot flight 
crewmember or is turbojet powered;
* * * * *

0
6. Amend Sec.  61.157 by revising paragraphs (e) introductory text, and 
(e)(1) through (3) to read as follows:


Sec.  61.157  Flight proficiency.

* * * * *
    (e) Areas of Operation. A practical test will include normal and 
abnormal procedures, as applicable, within the areas of operation for 
practical tests for an airplane category and powered-lift category 
rating.
    (1) For an airplane category--single engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;
    (iv) In-flight maneuvers;
    (v) Stall Prevention;
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;

[[Page 22518]]

    (iv) In-flight maneuvers;
    (v) Stall Prevention.
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
* * * * *

0
7. Amend Sec.  61.321 by revising paragraph (b) to read as follows:


Sec.  61.321  How do I obtain privileges to operate an additional 
category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
light-sport aircraft privilege you seek;
* * * * *

0
8. Amend Sec.  61.419 by revising paragraph (b) to read as follows:


Sec.  61.419  How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
category and class flight instructor privilege you seek;
* * * * *

0
9. Add appendix A to part 61 to read as follows:

Appendix A to Part 61--Airman Certification Standards and Practical 
Test Standards

------------------------------------------------------------------------
                                         Then this ACS/PTS (incorporated
  If you are seeking this certificate,   by reference, see Sec.   61.14)
     rating, and/or privilege . . .               is applicable:
------------------------------------------------------------------------
Airline Transport Pilot Certificate;     FAA-S-ACS-11A, Airline
 Airplane Category--Single-Engine Land    Transport Pilot and Type
 Rating, Airplane Category--Single-       Rating for Airplane Category
 Engine Sea Rating, Airplane Category--   Airman Certification
 Multiengine Land Rating, Airplane        Standards, November 2023.
 Category--Multiengine Sea Rating.
Airline Transport Pilot Certificate;     FAA-S-8081-20A, Airline
 Rotorcraft Category--Helicopter Rating.  Transport Pilot and Aircraft
                                          Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating,
                                          November 2023.
Airline Transport Pilot Certificate;     FAA-S-ACS-17, Airline Transport
 Powered-Lift Category.                   Pilot and Type Rating for
                                          Powered-Lift Category Airman
                                          Certification Standards,
                                          November 2023.
Commercial Pilot Certificate; Airplane   FAA-S-ACS-7B, Commercial Pilot
 Category--Single-Engine Land Rating,     for Airplane Category Airman
 Airplane Category--Single-Engine Sea     Certification Standards,
 Rating, Airplane Category--Multiengine   November 2023.
 Land Rating, Airplane Category--
 Multiengine Sea Rating.
Commercial Pilot Certificate;            FAA-S-ACS-16, Commercial Pilot
 Rotorcraft Category--Helicopter Rating.  for Rotorcraft Category
                                          Helicopter Rating Airman
                                          Certification Standards,
                                          November 2023.
Commercial Pilot Certificate;            FAA-S-8081-16C, Commercial
 Rotorcraft Category--Gyroplane Rating.   Pilot Practical Test Standards
                                          for Rotorcraft Category
                                          Gyroplane Rating, November
                                          2023.
Commercial Pilot Certificate; Powered-   FAA-S-ACS-2, Commercial Pilot
 Lift Category.                           for Powered-Lift Category
                                          Airman Certification
                                          Standards, November 2023.
Commercial Pilot Certificate; Glider     FAA-S-8081-23B, Commercial
 Category.                                Pilot Practical Test Standards
                                          for Glider Category, November
                                          2023.
Commercial Pilot Certificate; Lighter-   FAA-S-8081-18A, Commercial
 Than-Air Category--Airship Rating,       Pilot Practical Test Standards
 Lighter-Than-Air Category--Balloon       for Lighter-Than-Air Category,
 Rating.                                  November 2023.
Private Pilot Certificate; Airplane      FAA-S-ACS-6C, Private Pilot for
 Category--Single-Engine Land Rating,     Airplane Category Airman
 Airplane Category--Single-Engine Sea     Certification Standards,
 Rating, Airplane Category--Multiengine   November 2023.
 Land Rating, Airplane Category--
 Multiengine Sea Rating.
Private Pilot Certificate; Rotorcraft    FAA-S-ACS-15, Private Pilot for
 Category--Helicopter Rating.             Rotorcraft Category Helicopter
                                          Rating Airman Certification
                                          Standards, November 2023.
Private Pilot Certificate; Rotorcraft    FAA-S-8081-15B, Private Pilot
 Category--Gyroplane Rating.              Practical Test Standards for
                                          Rotorcraft Category Gyroplane
                                          Rating, November 2023.
Private Pilot Certificate; Powered-Lift  FAA-S-ACS-13, Private Pilot for
 Category.                                Powered-Lift Category Airman
                                          Certification Standards,
                                          November 2023.
Private Pilot Certificate; Glider        FAA-S-8081-22A, Private Pilot
 Category.                                Practical Test Standards for
                                          Glider Category, November
                                          2023.
Private Pilot Certificate; Lighter-Than- FAA-S-8081-17A, Private Pilot
 Air Category--Airship Rating, Lighter-   Practical Test Standards for
 Than-Air Category--Balloon Rating.       Lighter-Than-Air Category,
                                          November 2023.
Private Pilot Certificate; Powered       FAA-S-8081-32A, Private Pilot
 Parachute Category--Land Rating,         Practical Test Standards for
 Powered Parachute Category--Sea          Powered Parachute Category and
 Rating, Weight-Shift-Control Aircraft    Weight-Shift-Control Category,
 Category--Land Rating, Weight-Shift-     November 2023.
 Control Aircraft Category--Sea Rating.
Recreational Pilot Certificate;          FAA-S-8081-3B, Recreational
 Airplane Category--Single-Engine Land    Pilot Practical Test Standards
 Rating, Airplane Category--Single-       for Airplane Category and
 Engine Sea Rating, Rotorcraft            Rotorcraft Category, November
 Category--Helicopter Rating,             2023.
 Rotorcraft Category--Gyroplane Rating.
Sport Pilot Certificate; Airplane        FAA-S-8081-29A, Sport Pilot and
 Category--Single-Engine Land             Sport Pilot Flight Instructor
 Privileges, Airplane Category--Single-   Rating Practical Test
 Engine Sea Privileges, Rotorcraft        Standards for Airplane
 Category--Gyroplane Privileges, Glider   Category, Rotorcraft Category,
 Category.                                and Glider Category, November
                                          2023.

[[Page 22519]]

 
Flight Instructor Certificate with a
 Sport Pilot Rating; Airplane Category--
 Single-Engine Privileges, Rotorcraft
 Category--Gyroplane Privileges, Glider
 Category.
Sport Pilot Certificate; Lighter-Than-   FAA-S-8081-30A, Sport Pilot and
 Air Category--Airship Privileges,        Sport Pilot Flight Instructor
 Lighter-Than-Air Category--Balloon       Rating Practical Test
 Privileges.                              Standards for Lighter-Than-Air
                                          Category, November 2023.
Flight Instructor Certificate with a
 Sport Pilot Rating; Lighter-Than-Air
 Category--Airship Privileges, Lighter-
 Than-Air Category--Balloon Privileges.
Sport Pilot Certificate; Powered         FAA-S-8081-31A, Sport Pilot and
 Parachute Category--Land Privileges,     Sport Pilot Flight Instructor
 Powered Parachute Category--Sea          Rating Practical Test
 Privileges, Weight-Shift-Control         Standards for Powered
 Aircraft Category--Land Privileges,      Parachute Category and Weight-
 Weight-Shift-Control Aircraft            Shift-Control Category,
 Category--Sea Privileges.                November 2023.
Flight Instructor Certificate with a
 Sport Pilot Rating; Powered Parachute
 Category Privileges, Weight-Shift-
 Control Aircraft Category Privileges.
Instrument Rating--Airplane Instrument   FAA-S-ACS-8C, Instrument
 Proficiency Check--Airplane.             Rating--Airplane Airman
                                          Certification Standards,
                                          November 2023.
Instrument Rating--Helicopter            FAA-S-ACS-14, Instrument
 Instrument Proficiency Check--           Rating--Helicopter Airman
 Helicopter.                              Certification Standards,
                                          November 2023.
Instrument Rating--Powered-Lift          FAA-S-ACS-3, Instrument Rating--
 Instrument Proficiency Check--Powered-   Powered-Lift Airman
 Lift.                                    Certification Standards,
                                          November 2023.
Flight Instructor Certificate; Airplane  FAA-S-ACS-25, Flight Instructor
 Category--Single Engine Rating           for Airplane Category Airman
 Airplane Category--Multiengine Rating.   Certification Standards,
                                          November 2023.
Flight Instructor Certificate;           FAA-S-ACS-29, Flight Instructor
 Rotorcraft Category--Helicopter Rating.  for Rotorcraft Category
                                          Helicopter Rating Airman
                                          Certification Standards,
                                          November 2023.
Flight Instructor Certificate;           FAA-S-8081-7C, Flight
 Rotorcraft Category--Gyroplane Rating.   Instructor Practical Test
                                          Standards for Rotorcraft
                                          Category Gyroplane Rating,
                                          November 2023.
Flight Instructor Certificate; Powered-  FAA-S-ACS-27, Flight Instructor
 lift Category.                           for Powered-Lift Category
                                          Airman Certification
                                          Standards, November 2023.
Flight Instructor Certificate; Glider    FAA-S-8081-8C, Flight
 Category.                                Instructor Practical Test
                                          Standards for Glider Category,
                                          November 2023.
Flight Instructor Certificate;           FAA-S-8081-9E, Flight
 Instrument--Airplane Rating,             Instructor Instrument
 Instrument--Helicopter Rating.           Practical Test Standards for
                                          Airplane Rating and Helicopter
                                          Rating, November 2023.
Flight Instructor Certificate;           FAA-S-ACS-28, Flight
 Instrument--Powered-Lift Rating.         Instructor--Instrument Rating
                                          Powered-Lift Airman
                                          Certification Standards,
                                          November 2023.
Aircraft Type Rating--Airplane.........  FAA-S-ACS-11A, Airline
                                          Transport Pilot and Type
                                          Rating for Airplane Category
                                          Airman Certification
                                          Standards, November 2023.
Aircraft Type Rating--Helicopter.......  FAA-S-8081-20A, Airline
                                          Transport Pilot and Aircraft
                                          Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating,
                                          November 2023.
Aircraft Type Rating--Powered-Lift.....  FAA-S-ACS-17, Airline Transport
                                          Pilot and Type Rating for
                                          Powered-Lift Category Airman
                                          Certification Standards,
                                          November 2023.
Pilot-in-Command Proficiency Check--     FAA-S-ACS-11A, Airline
 Airplane.                                Transport Pilot and Type
                                          Rating for Airplane Category
                                          Airman Certification
                                          Standards; November 2023.
Pilot-in-Command Proficiency Check--     FAA-S-8081-20A, Airline
 Helicopter.                              Transport Pilot and Aircraft
                                          Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating,
                                          November 2023.
Pilot-in-Command Proficiency Check--     FAA-S-ACS-17, Airline Transport
 Powered-Lift.                            Pilot and Type Rating for
                                          Powered-Lift Category Airman
                                          Certification Standards,
                                          November 2023.
------------------------------------------------------------------------

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
10. 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
11. Revise Sec.  63.39 to read as follows:


Sec.  63.39  Skill requirements.

    (a) An applicant for a flight engineer certificate with a class 
rating must pass a practical test in the class of airplane for which a 
rating is sought. To pass the practical test for a flight engineer 
certificate, the applicant must satisfactorily demonstrate the 
objectives in the areas of operation specified in the Flight Engineer 
Practical Test Standards for Reciprocating Engine, Turbopropeller, and 
Turbojet Powered Aircraft (incorporated by reference, see paragraph (c) 
of this section). The test may only be given in an airplane specified 
in Sec.  63.37(a).
    (b) The applicant must--
    (1) Show that the applicant can satisfactorily perform preflight 
inspection, servicing, starting, pretakeoff, and postlanding 
procedures;
    (2) In flight, show that the applicant can satisfactorily perform 
the normal duties and procedures relating to the airplane, airplane 
engines, propellers (if appropriate), systems, and appliances; and
    (3) In flight, in an airplane simulator, or in an approved flight 
engineer training device, show that the applicant can satisfactorily 
perform emergency duties and procedures and recognize and take 
appropriate action for malfunctions of the airplane, engines, 
propellers (if appropriate), systems and appliances.
    (c) FAA-S-8081-21A, Flight Engineer Practical Test Standards for 
Reciprocating Engine, Turbopropeller, and Turbojet Powered Aircraft, 
November 2023, is incorporated by reference into this section with the 
approval of the Director of the Federal

[[Page 22520]]

Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material 
is available for inspection at the Federal Aviation Administration 
(FAA) and the National Archives and Records Administration (NARA). 
Contact FAA, Training and Certification Group, 202-267-1100, 
faa.gov">ACSPTSinquiries@faa.gov, www.faa.gov/training_testing. For information 
on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material may be obtained from FAA, 800 Independence Avenue SW, 
Washington, DC 20591, 866-835-5322, www.faa.gov/training_testing.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
12. 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
13. Amend Sec.  65.23 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  65.23  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. This material is available for inspection at 
the Federal Aviation Administration (FAA) and at the National Archives 
and Records Administration (NARA). Contact FAA, Certification and 
Training Group, 202-267-1100, faa.gov">ACSPTSinquiries@faa.gov. For information 
on the availability of this material at NARA, email 
[email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations. The material may be obtained from the source in the 
following paragraph of this section.
    (a) Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591, 866-835-5322, www.faa.gov/training_testing.
    (1) FAA-S-8081-10E, Aircraft Dispatcher Practical Test Standards, 
November 2023; IBR approved for Sec.  65.59.
    (2) FAA-S-8081-25C, Parachute Rigger Practical Test Standards, 
November 2023; IBR approved for Sec. Sec.  65.115, 65.119, and 65.123.
    (3) FAA-S-ACS-1, Aviation Mechanic General, Airframe, and 
Powerplant Airman Certification Standards, November 1, 2021; IBR 
approved for Sec. Sec.  65.75 and 65.79.
* * * * *

0
14. Revise Sec.  65.59 to read as follows:


Sec.  65.59  Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test given by the Administrator, with respect to any one type 
of large aircraft used in air carrier operations. To pass the practical 
test for an aircraft dispatcher certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
specified in the Aircraft Dispatcher Practical Test Standards 
(incorporated by reference, see Sec.  65.23).

0
15. Amend Sec.  65.115 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  65.115  Senior parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (a) Present evidence satisfactory to the Administrator that the 
applicant has packed at least 20 parachutes of each type for which the 
applicant seeks a rating, in accordance with the manufacturer's 
instructions and under the supervision of a certificated parachute 
rigger holding a rating for that type or a person holding an 
appropriate military rating;
* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain at least one type of parachute in common use, 
appropriate to the type rating the applicant seeks. To pass the oral 
and practical test for a senior parachute rigger certificate, the 
applicant must satisfactorily demonstrate the objectives in the areas 
of operation applicable to a senior parachute rigger specified in the 
Parachute Rigger Practical Test Standards (incorporated by reference, 
see Sec.  65.23), appropriate to the type rating sought.

0
16. Amend Sec.  65.119 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  65.119  Master parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (a) Present evidence satisfactory to the Administrator that the 
applicant has had at least 3 years of experience as a parachute rigger 
and has satisfactorily packed at least 100 parachutes of each of two 
types in common use, in accordance with the manufacturer's 
instructions--
* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain two types of parachutes in common use, appropriate 
to the type ratings the applicant seeks. To pass the oral and practical 
test for a master parachute rigger certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
applicable to a master parachute rigger specified in the Parachute 
Rigger Practical Test Standards (incorporated by reference, see Sec.  
65.23), as appropriate to the type rating sought.

0
17. Revise Sec.  65.123 to read as follows:


Sec.  65.123  Additional type ratings: Requirements.

    A certificated parachute rigger who applies for an additional type 
rating must--
    (a) Present evidence satisfactory to the Administrator that the 
applicant has packed at least 20 parachutes of the type for which the 
applicant seeks a rating, in accordance with the manufacturer's 
instructions and under the supervision of a certificated parachute 
rigger holding a rating for that type or a person holding an 
appropriate military rating; and
    (b) Pass a practical test, to the satisfaction of the 
Administrator, showing the applicant's ability to pack and maintain the 
type of parachute, appropriate to the type rating sought. To pass the 
practical test for an additional type rating, the applicant must 
satisfactorily demonstrate the objectives in the area of operation 
specified in the Parachute Rigger Practical Test Standards 
(incorporated by reference, see Sec.  65.23), applicable to the type 
rating sought.

    Issued under authority provided by 49 U.S.C. 106(f), 40113, 
44701, 44702, and 44703 in Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-06644 Filed 3-29-24; 8:45 am]
BILLING CODE 4910-13-P