[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51415-51432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, and 135

[Docket No. FAA-2019-0360; Amdt. Nos. 91-375, 121-392 and 135-145]
RIN 2120-AL12


Removal of Check Pilot Medical Certificate Requirement

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

ACTION: Final rule.

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SUMMARY: This action finalizes the substantive relief proposed in the 
notice of proposed rulemaking entitled Removal of Check Pilot Medical 
Certificate Requirement. It removes inconsistencies applicable to the 
qualification requirements for check pilots and flight instructors in 
domestic, flag, and supplemental operations and flight instructors in 
commuter and on-demand operations so that check pilots, check flight 
engineers, and flight instructors can continue to perform their 
functions in aircraft without a medical certificate unless they are 
serving as required flightcrew members. It also removes the medical 
certificate requirement for flight instructors in commuter and on-
demand operations who perform their functions in aircraft and are not 
serving as required flightcrew members. Removing the conflicting 
medical certificate requirement enables the utilization of pilots who 
are otherwise qualified to function as check pilots, check flight 
engineers, and flight instructors in aircraft. Finally, this final rule 
updates related terminology.

DATES: This rule is effective July 18, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Jackson, Aviation Safety 
Inspector, Air Transportation Division, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone: 202-267-8166; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    As discussed in the notice of proposed rulemaking (NPRM),\1\ the 
regulations establishing the requirements for flight instructors and 
check airmen in parts 121 and 135 are unclear regarding the medical 
certificate requirements when flight instructors or check airmen 
perform their duties in aircraft. The regulations indicate that flight 
instructors conducting flight training and check airmen administering 
checks in aircraft must hold a third-class medical certificate when not 
serving as a required flightcrew member. Elsewhere, however, the 
regulations also state that no medical certificate is required unless 
the flight instructor or check airman is serving as a required 
crewmember. Additionally, part 135 check pilots (aircraft) were held to 
different medical certification standards than part 121 check pilots 
and flight instructors and part 135 flight instructors.\2\ This final 
rule resolves the discrepancy in the pertinent regulations by 
clarifying that flight instructors, check pilots, and check flight 
engineers (FEs) must hold the appropriate medical certificate only when 
serving as required flightcrew members in an aircraft. The final rule 
also includes nonsubstantive nomenclature changes and reorganizes 
certain sections of parts 121 and 135.
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    \1\ Removal of Check Pilot Medical Certificate Requirement 
notice of proposed rulemaking, 84 FR 25499 (Jun. 3, 2019).
    \2\ Specifically, Sec.  135.337(b)(5) states that a check airman 
(aircraft) must hold at least a third-class medical certificate 
unless serving as a required crewmember and the exception in Sec.  
135.337(e) that a check airman who does not hold the appropriate 
medical certificate may serve as a check airman, but not a required 
flightcrew member, applies only to check airmen (simulators). This 
differs from how the regulations treat part 121 check airmen and 
flight instructors and part 135 flight instructors.
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II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106 
describes the authority of the FAA Administrator to promulgate rules 
and regulations. Subtitle VII of title 49, Aviation Programs, describes 
in more detail the scope of the FAA's authority.
    This rulemaking is promulgated under the authority described in 
section 44701, General Requirements; section 44702, Issuance of 
Certificates; and section 44703, Airman Certificates. Under these 
sections, the FAA prescribes regulations and minimum standards for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. In addition, section 44701(d)(1)(A) 
specifically states the Administrator, when prescribing safety 
regulations, must consider the duty of an air carrier to provide 
service with the highest possible degree of safety in the public 
interest.

[[Page 51416]]

III. Background

    As discussed in the NPRM, all pilots serving in title 14 CFR part 
121 and part 135 operations are required to complete certain flight 
training \3\ and checking \4\ on a regular basis to ensure each pilot's 
competency in operating the specific aircraft. The checks are conducted 
by check pilots: \5\ airmen approved by the FAA who have the 
appropriate knowledge, training, experience, and demonstrated ability 
to evaluate and to certify the knowledge and skills of other pilots. 
The role of the check pilot is to ensure that the flightcrew member has 
met competency standards in a particular aircraft before the check 
pilot releases the flightcrew member from training and that the 
flightcrew member maintains those standards while remaining in line 
service. Similar responsibilities and objectives exist for check FEs in 
part 121.\6\ Check pilot qualifications are set forth in Sec. Sec.  
121.411 and 135.337, as applicable. Check FE qualifications are set 
forth in Sec.  121.411.
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    \3\ See 14 CFR 121.433, 135.347, 135.351.
    \4\ See 14 CFR 121.441, 135.293, 135.297.
    \5\ The FAA notes that the NPRM proposed only to change verbiage 
in part 135 from ``check airman'' to ``check pilot,'' as well as 
their plural forms. As discussed in section IV.D.1. of this 
preamble, the FAA is expanding this terminology change to include 
part 121. Therefore, for purposes of this preamble, the FAA uses the 
terms ``check pilot'' and ``check flight engineer,'' as applicable, 
rather than ``check airman'' unless referring to past regulations 
that use ``airman.''
    \6\ 14 CFR 121.419, 121.425.
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    The flight training is conducted by a flight instructor who is 
designated by a part 121 or part 135 certificate holder and has the 
appropriate knowledge, training, experience, and demonstrated ability 
to instruct flightcrew members in a flight training segment of that 
certificate holder's training program. Flight instructor qualifications 
are set forth in Sec. Sec.  121.412 and 135.338.
    Under parts 121 and 135, flight training and checking can be 
accomplished in an aircraft or in a flight simulation training device 
(FSTD). As such, the qualification requirements for flight instructors, 
check pilots, and check FEs correspond to whether the training and 
checking is conducted in an aircraft or an FSTD. In an FSTD, flight 
instructors, check pilots, and check FEs typically do not occupy a 
flightcrew member station during training or checking. Rather, they 
typically occupy an instructor station from which they can oversee the 
simulation. Even when flight instructors, check pilots, or check FEs 
occupy a flightcrew member station in an FSTD, they are not subject to 
flightcrew member requirements that apply to operations conducted in 
the national airspace.\7\
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    \7\ Under Sec.  1.1, a flightcrew member is ``a pilot, flight 
engineer, or flight navigator assigned to duty in an aircraft during 
flight time.''
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    When performing flight instructor, check pilot, or check FE duties 
in an aircraft, that person may serve as a required flightcrew member. 
Specifically, a flight instructor, check pilot, or check FE is a 
required flightcrew member if (1) required by the regulations under 
which the flight is being conducted (e.g., when a safety pilot is 
required under part 91 or when a person receiving instruction is not 
qualified to act as pilot-in-command (PIC) and, therefore, the flight 
instructor acts as the PIC) or (2) required by the type certificate of 
the aircraft.\8\ In these scenarios, the person may serve as a required 
flightcrew member only if, in addition to meeting the requirements to 
hold the respective position of flight instructor, check airman, or 
check FE, the person is also qualified to serve in the flightcrew 
member position, which includes medical certificate requirements.
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    \8\ Letter of Interpretation to Willmot White from Carl 
Schellenberg, Assistant Chief Counsel, Regulations and Enforcement 
Division (Oct 5, 1978). Letter of Interpretation to Ivan Grau from 
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Oct. 
1, 2010); Letter of Interpretation to Louis Glenn from Rebecca B. 
MacPherson, Assistant Chief Counsel for Regulations (Dec. 1, 2009).
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    Prior to 1996, the FAA required medical certificates for flight 
instructors and check airmen \9\ performing such functions, even if 
they were not serving as required flightcrew members.\10\ This was 
largely because the primary means of training occurred in an aircraft 
until the implementation of significant changes in training methods 
(i.e., increased use of flight simulation) beginning in the late 1970s. 
With the increase in FSTD use, in 1996, the FAA, acknowledging that 
some experienced part 121 and part 135 airmen, who would otherwise 
qualify as flight instructors or check airmen but were not medically 
eligible to hold a medical certificate, were foreclosed by regulation 
from performing their functions even in FSTDs, revised the 
regulations.\11\ Specifically, the final rule removed the medical 
certificate requirement altogether for flight instructors and check 
pilots in parts 135 and 121 who perform their functions in FSTDs.\12\ 
However, as noted earlier, the regulatory text ultimately introduced 
confusion as to the medical certificate requirement for flight 
instructors and check airmen who perform their functions in aircraft in 
parts 121 and 135 when not serving as required flightcrew members. 
Specifically, Sec. Sec.  121.411, 121.412, 135.337, and 135.338 apply 
internally inconsistent medical certificate requirements to check 
airmen and flight instructors when performing their duties in an 
aircraft.
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    \9\ See footnote 5 of this preamble.
    \10\ See e.g., Air Taxi Operators and Commercial Operators, 42 
FR 43490 (Aug. 29, 1977) and Air Taxi Operators and Commercial 
Operators, 43 FR 46742, 46777 (Oct. 10, 1978).
    \11\ Training and Qualification Requirements for Check Pilots 
and Flight Instructors final rule, 61 FR 30734 (Jun. 17, 1996).
    \12\ Id. at 30735. Specifically for check airmen, the rule 
removed, first, the requirement to hold at least a Class III (third 
class) medical certificate in then-Sec.  121.411(a)(6) and, second, 
the requirements to hold a Class I, II, or III (first, second, or 
third class) medical certificate in then-Sec.  135.337(a). 
Additionally, the rule added Sec. Sec.  121.412 and 135.338 to 
specifically speak to flight instructors and excepted those persons 
instructing in a simulator from holding a medical certificate.
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    Recognizing the contradiction in the regulations, the FAA gave 
force and effect to the most relieving provision by not requiring 
flight instructors and check airmen performing their respective duties 
in aircraft to hold any medical certificate when not serving as a 
required flightcrew member.

IV. Discussion of Final Rule and Public Comments

A. Final Rule and Changes

    On June 3, 2019, the FAA published an NPRM that proposed to update 
regulatory text to remove the inconsistencies applicable to check 
pilots and flight instructors in parts 121 and 135 to provide clarity 
to check pilots, check FEs, and flight instructors on the applicable 
medical certificate requirements when performing their functions in 
aircraft. Specifically, the NPRM proposed to keep and revise paragraph 
(b)(5) of Sec. Sec.  121.411, 121.412, 135.337, and 135.338 to mandate 
medical certificate requirements only for those check pilots, check 
FEs, and flight instructors considered required flightcrew members. 
Thus, the proposal removed explicit requirements for check pilots, 
check FEs, and flight instructors who are not also serving as required 
flightcrew members. However, as proposed, the FAA would have kept 
language set forth in Sec. Sec.  121.411(e), 121.412(e), 135.337(e), 
and 135.338(e) that specifically stated a person who did not hold a 
medical certificate may function as a check pilot, check FE, or flight 
instructor (as applicable), but could not serve as a required 
flightcrew member.
    In response to comments received and additional analysis during the 
pendency of the rulemaking, the FAA recognizes

[[Page 51417]]

that the proposed revisions to the regulations were insufficient to 
achieve the goal of the rulemaking: elimination of medical certificate 
requirement confusion. Specifically, paragraph (b)(1) in each section 
(Sec. Sec.  121.411, 121.412, 135.337, and 135.338) still would have 
required a person to hold all the ``airman'' certificates and ratings 
required to serve as a PIC in operations under that part, which would 
include the requisite medical certificate in exercising the privileges 
of a commercial or ATP certificate.\13\ Therefore, the FAA is adopting 
different language than proposed in the 2019 NPRM, accompanied by 
reorganization of the affected sections to reduce redundancy. To note, 
the substantive relief remains unchanged from that proposed in the 2019 
NPRM and historical practice (i.e., elimination of medical certificate 
requirements if not serving as a required flightcrew member).
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    \13\ See 49 U.S.C. 44703(i)(2)(A)(i).
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    Specifically, as it pertains to part 121, Sec. Sec.  121.411(b)(1) 
and 121.412(b)(2) require a check pilot, check FE, and flight 
instructor to hold the airman certificates and ratings required to 
serve as a PIC or FE, as applicable, under part 121 operations. As 
written, ``airman certificates'' would include a medical certificate. 
Instead of relying on paragraph (b)(5) as an exception to paragraph 
(b)(1) in each section, as previously explained, this final rule 
revises each paragraph (b)(1) to specify that the requisite pilot or FE 
certificate and/or ratings are required. This revision, therefore, 
conveys that a medical certificate is not generally included in the 
required certificates to serve as a check pilot, check FE, or flight 
instructor. Therefore, while the NPRM proposed to revise Sec. Sec.  
121.411(b)(5) and 121.412(b)(5) from the regulations, this final rule 
would remove both paragraphs.\14\ Additionally, this final rule would 
remove existing Sec. Sec.  121.411(e) and 121.412(e) and adopt a new 
paragraph (f) that concisely sets forth that a person who serves as a 
required flightcrew member while performing check pilot or check FE 
duties must meet all requirements for the duty position in which they 
are serving. This would include the requisite medical certificate for 
that duty position.
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    \14\ Paragraph restructuring is discussed in section IV.B. of 
this preamble. Additionally, the FAA notes that the NPRM proposed to 
change certain medical certificate terminology from Class I, II, and 
III to first-class, second-class, and third-class. With the 
elimination of these paragraphs, that proposal is rendered 
irrelevant.
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    In summary, when not serving as a required flightcrew member, the 
check pilot, check FE, or flight instructor would be required to hold 
all certificates and ratings required to serve as PIC or FE under part 
121, pursuant to Sec. Sec.  121.411(b)(1) and 121.412(b)(1) except a 
medical certificate. Pursuant to new Sec. Sec.  121.411(f) and 
121.412(f), if the check pilot, check FE, or flight instructor was 
serving as a required flightcrew member, the person must also meet the 
requirements for the duty position in which they are serving.\15\
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    \15\ For example, pursuant to 14 CFR 63.3, if a person is acting 
as a flight engineer of an aircraft, that person would be required 
to hold at least a second-class medical certificate or other 
documentation acceptable to the FAA. However, if the check flight 
engineer was only performing check duties, and was not acting as the 
flight engineer of the aircraft, the person would be excepted from 
holding the medical certificate.
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    Additionally, while the FAA did not propose a reorganization of 
Sec. Sec.  121.411 and 121.412 in the NPRM as it did in part 135, this 
final rule will revise certain provisions to eliminate redundancy in 
the regulations. First, Sec.  121.411(b)(4) requires an airplane check 
pilot or check FE to satisfactorily complete the applicable training 
requirements of Sec.  121.413, including inflight training and practice 
for initial and transition training. Similarly, Sec.  121.412(b)(4) 
requires an airplane flight instructor to satisfactorily complete the 
applicable training requirements of Sec.  121.414, including inflight 
training and practice for initial and transition training. The FAA 
finds these concluding phrases to be redundant because Sec. Sec.  
121.413 and 121.414 set forth the initial, transition, and recurrent 
training and checking requirements for check pilots, check FEs, and 
flight instructors, as applicable, and would control the scenarios 
under which the inflight training and practice for initial and 
transition training is required. Therefore, the FAA is removing the 
language in Sec. Sec.  121.411(b)(4) and 121.412(b)(4) as redundant.
    Second, Sec.  121.411(b)(6) requires a check airman to satisfy the 
recency of experience requirements of Sec.  121.439, as applicable. 
Section 121.439 sets forth the recent experience requirements for pilot 
qualification and applies specifically to required pilot flightcrew 
members in paragraph (a). In other words, Sec.  121.439 would be 
rendered applicable only when a check pilot serves as a required 
flightcrew member. The recency of experience requirements of Sec.  
121.439 would, therefore, be required regardless of the specification 
of Sec.  121.411(b)(6). The same principle applies in Sec.  121.412. 
Therefore, Sec. Sec.  121.411(b)(6) and 121.412(b)(6) are removed in 
this final rule; however, the FAA emphasizes that this does not change 
the existing substantive recency of experience requirements. 
Additionally, Sec. Sec.  121.411(f) and 121.412(f) would act as an 
umbrella provision for check pilots, check FEs, and flight instructors 
who serve as required flightcrew members, thereby subjecting a check 
pilot serving as a required flightcrew member to meet Sec.  121.439.
    In removing these revisions for redundancy (as well as Sec. Sec.  
121.411(b)(5) and 121.412(b)(5) as previously discussed), the 
requirements of Sec.  121.411(b) for check pilot and check FE 
(airplane) are largely mirrored in Sec.  121.411(c) for check pilot and 
check FE (FSTD). Similarly, the requirements of Sec.  121.412(b) for 
flight instructor (airplane) are largely mirrored in Sec.  121.412(c) 
for flight instructor (FSTD). Therefore, the FAA finds that the 
provisions in each paragraph, respectively, can be combined without 
losing any clarity or substantive requirements. Subsequently, the 
introductory language is revised to include both airplane and FSTD 
check pilots and check FEs, and paragraphs (b) and (c) are merged.\16\ 
Additionally, the reference to paragraphs (c)(2) through (4) in 
Sec. Sec.  121.411(d) and 121.412(d) are removed, as those previous 
provisions will be covered under the reference to paragraphs (b)(2) 
through (4), which remain.
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    \16\ See section IV.B. of this preamble for section 
redesignation as an outgrowth of eliminated paragraphs.
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    The same general revisions are made in part 135; however, part 135 
does not contemplate FEs as part 121 does. Therefore, Sec. Sec.  
135.337(b)(1) and 135.338(b)(1) are revised to state that check pilots 
must hold the pilot certificates and ratings required to serve as a PIC 
in operations under part 135. Additionally, for the same reasons 
previously discussed for part 121, this final rule removes paragraphs 
(b)(5) and (b)(6) \17\ in each section, removes paragraph (e) in each 
section, and adds new paragraph (f), explicitly stating that each 
person who serves as a required flightcrew member while performing 
check pilot duties must meet the requirements for the duty position in

[[Page 51418]]

which they are serving. This would include the appropriate medical 
certificate when serving as a required flightcrew member. The FAA 
acknowledges that there may be instances where a person is ``assigned'' 
to a part 135 operation. The FAA notes that if a check pilot or flight 
instructor is assigned duties, then they must be qualified as if they 
were required (i.e., must be qualified for the operation for which the 
person is to be used), pursuant to Sec.  135.95. Additionally, for the 
same reasons previously discussed in the part 121 revisions, the FAA is 
combining Sec.  135.337 paragraph (c) with paragraph (b) and Sec.  
135.338(c) with (b).
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    \17\ For clarity, paragraph (b)(6) in Sec. Sec.  135.337 and 
135.338 require a check pilot or flight instructor to satisfy the 
recency of experience requirements of Sec.  135.247. Section 135.247 
applies to those pilots serving as PIC of an aircraft carrying 
passengers, which would apply regardless of duplicity in Sec. Sec.  
135.337 and 135.338. In other words, Sec.  135.247 continues to 
control the conditions under which a person must meet recent 
experience requirements.
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    In summary, these changes clarify that a person serving as a check 
pilot, check FE, or flight instructor under parts 121 or 135 would not 
be required to hold a medical certificate unless serving as a required 
flightcrew member. As previously discussed, a person is a required 
flightcrew member in two scenarios: (1) where the operating rule 
requires the person to be a flightcrew member or (2) the aircraft's 
type certificate requires the person to be a flightcrew member. In 
either scenario, the person would be required to hold a medical 
certificate in accordance with the privileges of the certificate they 
were exercising.\18\ For example, if a check pilot is performing a 
check but also serving as a safety pilot under Sec.  91.109, that check 
pilot would be considered a required flightcrew member (due to the 
operating rule). Because under Sec.  91.109(c)(1), the safety pilot/
check pilot would be exercising the privileges of at least a private 
pilot certificate, the person must hold the requisite medical 
certificate: at least a third-class medical certificate.\19\ As another 
example, if the check pilot is conducting a check under part 135 in an 
aircraft that requires two pilots via type certificate and the check 
pilot is the second pilot, the check pilot would be serving as a 
required flightcrew member under that part (due to type certificate). 
That check pilot would be serving as second in command, requiring at 
least a commercial pilot certificate and an instrument rating pursuant 
to Sec.  135.4. Because the check pilot would be exercising the 
privileges of a commercial pilot certificate and instrument rating, 
that check pilot must hold at least a second-class medical 
certificate.\20\ The same principle applies to part 121 operations, as 
well as flight instructors who would be considered required flightcrew 
members.
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    \18\ Section 61.3(c)(1) requires a person to hold the 
appropriate medical certificate if serving as a required pilot 
flightcrew member, subject to certain exceptions set forth in Sec.  
61.3(c)(2). Section 61.23 sets forth the class of medical 
certificate required for pilots, and Sec.  63.3(b) requires a flight 
engineer to hold at least a current second-class medical 
certificate.
    \19\ See 14 CFR 61.23(a)(3)(i).
    \20\ See 14 CFR 61.23(a)(2)(ii).
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B. Redesignation of Affected Sections

    As discussed in the previous section, the final rule revises and 
removes a number of existing paragraphs within Sec. Sec.  121.411, 
121.412, 135.337, and 135.338. The FAA provides the following tables to 
concisely detail the resulting redesignation within those sections.

                                         Table 1--Part 121 Redesignation
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                                                                 Current citation  (14
  Current citation  (14 CFR Sec.   )      Final rule action           CFR Sec.   )          Final rule action
----------------------------------------------------------------------------------------------------------------
121.411(a)...........................  Unchanged..............  121.412(a).............  Unchanged.
121.411(b)...........................  Incorporated paragraph   121.412(b).............  Incorporated paragraph
                                        (c).                                              (c).
121.411(c)...........................  Merged into paragraph    121.412(c).............  Merged into paragraph
                                        (b).                                              (b).
121.411(d)...........................  Redesignated as Sec.     121.412(d).............  Redesignated as Sec.
                                        121.411(c).                                       121.412(c).
121.411(e)...........................  Removed................  121.412(e).............  Removed.
121.411(f)...........................  Redesignated as Sec.     121.412(f).............  Redesignated as Sec.
                                        121.411(d).                                       121.412(d).
121.411(g)...........................  Redesignated as Sec.     121.412(g).............  Redesignated as Sec.
                                        121.411(e).                                       121.412(e).
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                                         Table 2--Part 135 Redesignation
----------------------------------------------------------------------------------------------------------------
                                                                 Current citation  (14
  Current citation  (14 CFR Sec.   )      Final rule action           CFR Sec.   )          Final rule action
----------------------------------------------------------------------------------------------------------------
135.337(a)...........................  Unchanged..............  135.338(a).............  Unchanged.
135.337(b)...........................  Incorporated paragraph   135.338(b).............  Incorporated paragraph
                                        (c).                                              (c).
135.337(c)...........................  Merged into paragraph    135.338(c).............  Merged into paragraph
                                        (b).                                              (b).
135.337(d)...........................  Redesignated as Sec.     135.338(d).............  Redesignated as Sec.
                                        135.337(c).                                       135.338(c).
135.337(e)...........................  Removed................  135.338(e).............  Removed.
135.337(f)...........................  Redesignated as Sec.     135.338(f).............  Redesignated as Sec.
                                        135.337(d).                                       135.338(d).
135.337(g)...........................  Redesignated as Sec.     135.338(g).............  Redesignated as Sec.
                                        135.337(e).                                       135.338(e).
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C. Discussion of Comments

    The FAA received and considered 12 comments to the NPRM, consisting 
of two from industry (Ameristar Air Cargo, Inc. and Harris Aircraft 
Services, Inc.) and 10 from individuals. The majority of commenters, 
including Ameristar Air Cargo, Inc. (Ameristar) and Harris Aircraft 
Services, Inc. (Harris), supported the rule. Only two individuals 
opposed the proposal, while three commenters sought additional 
clarification on the proposal.
1. Support for the Rule
    The majority of commenters supported the proposal. While some 
simply stated support for the proposal with no further rationale, 
several provided additional discussion as part of their support. Many 
supporters stated that the proposal helps to clarify an unsettled area 
of confusion for parts 121 and 135 operators. Supporters, including 
Harris and Ameristar, emphasized that adoption of the proposal would 
ensure operators could capitalize on the experience, ability, and 
expertise of retired or semi-retired pilots who may not be able to 
qualify for a medical certificate. Ameristar contended that utilizing 
the check airmen and instructors in a non-required flightcrew member 
role provides benefits, including, for

[[Page 51419]]

example, providing: (1) an additional person on the flight deck who 
understands the systems, procedures, and regulatory requirements and 
(2) an additional person to evaluate the improvement of teaching and 
checking techniques. Because that person is an additional and not a 
required flightcrew member, the lack of a medical certificate in that 
role would not necessarily degrade safety, as the person would not be 
in control of the aircraft. A couple of commenters went on to stress, 
though, that if check airmen or flight instructors were serving as 
required crewmembers, then they should possess the appropriate medical 
certificate to serve in the requisite capacity. Harris noted that the 
ability to utilize pilots for longer periods as check pilots would 
relieve the burden from the local Flight Standards District Office 
(FSDO).\21\
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    \21\ Checks may be given by the Administrator or an authorized 
check pilot; therefore, where a check pilot is unavailable, an FAA 
Aviation Safety Inspector (ASI) at a FSDO would give the appropriate 
check. The FAA notes that one commenter who supported the proposal 
as providing clarity and efficiency also questioned why check pilots 
must be approved or authorized by the Administrator. Because this 
responsibility is delegated to a person outside the FAA, the 
Administrator must ensure that the check pilot and flight 
instructors demonstrate the ability to perform check and instruction 
functions.
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2. Requests for Clarifications and Suggestions
    Several commenters suggested clarifications to the proposed 
regulatory text, asked specific questions and/or hypothetical scenarios 
to ensure understanding of the proposal, or requested additional relief 
for check pilots and flight instructors. This section responds to such 
comments.
    First, one commenter asked the FAA to clarify when a check pilot 
would be a required flightcrew member. The commenter stated there are a 
number of operators who fly Caravan and Pilatus series aircraft in 
commercial operations, which are examples of specific aircraft that are 
certified to fly in commercial operations using a single pilot. The 
commenter further stated that if a check pilot were to give a check 
ride in one of these aircraft and the flight was flown under visual 
flight rules (VFR) flight with the applicant wearing a view limiting 
device, then the check pilot would be considered an essential 
flightcrew member even though the type certificate for the aircraft 
does not require a second pilot. The commenter asked for additional 
clarification to the regulation to explicitly allow a check pilot 
without a medical certificate to serve as a safety pilot while 
simultaneously conducting a check ride in an aircraft certified to be 
used in commercial operations using a single pilot. The commenter 
explained that, if needed, the check ride could be conducted or 
mandated to be flown in VFR conditions if there was any concern with 
the applicant wearing a view-limiting device, adding that while the 
flight may be conducted while adhering to part 135 rules for the 
purposes of the check ride, the flight could be legally flown under 
part 91.
    As discussed in section IV.A. of this preamble, a person is a 
required flightcrew member in two scenarios: where the operating rule 
or the aircraft's type certificate requires the person to be a required 
flightcrew member. In the commenter's hypothetical, the person would be 
required to hold a medical certificate in accordance with the 
privileges of the certificate they were exercising. Therefore, as the 
example provides in that section, the safety pilot would be exercising 
the privileges of a private pilot certificate and would require at 
least a third-class medical certificate. The FAA recognizes that the 
currently situated regulations indicate that, in this case, a safety 
pilot would be required to hold a first- or second-class medical 
certificate. As discussed, the FAA has removed that language in the 
adoption of this final rule; the pilot certificate that is required for 
the specific operation (whether that be by regulation or type 
certificate) controls what medical certificate is necessary for the 
pilot to hold.
    The same commenter also asked the FAA to consider extending the 
rulemaking further to remove the general requirement that FAA aviation 
safety inspectors (ASIs) possess second-class medical certificates, as 
advertised by FAA ASI job solicitations. The commenter stated that ASI 
positions that involve simulator-only operations should be given the 
same consideration that check pilot, check FE, and flight instructor 
positions were given in this proposal (i.e., to not require that they 
hold medical certificates). The commenter explained that an ASI is not 
normally acting as a required crewmember, and there is no need for an 
ASI to hold a medical certificate if the ASI is overseeing an airline 
designating a new check pilot or renewing a check pilot. The commenter 
asked if, assuming all the other requisites for that type of ASI job 
announcement are met, the FAA could consider removing the requirement 
that ASIs hold medical certificates for ASIs involving simulator 
operations so that the FAA could access the same highly experienced 
pilot pool as is discussed in the proposal concerning check pilots and 
flight instructors.
    The FAA acknowledges this comment, but changes to the FAA's hiring 
parameters and qualifications are outside the scope of this rulemaking. 
FAA requirements for ASIs are internal requirements specific to the 
FAA's employees rather than regulations on the public. Such internal 
FAA requirements are not subject to rulemaking nor public notice and 
comment.
    Two individuals commented on requirements where a check pilot would 
be only occupying the jump seat. One of the individuals stated that the 
medical certification requirements should only be specific to or 
differentiate between the position of the check pilot: for example, a 
jump seat or a simulator. The FAA maintains that the differentiation 
between the requisite medical certificates should not be driven by the 
pilot's physical position in the aircraft but rather by their duties. 
The implementation of a rule only applicable to a certain location or 
seat could not be applicable to every contemplated aircraft that may be 
used in a part 121 or part 135 operation. Specifically, a check pilot 
may be checking a pilot in an aircraft that does not have a jump seat. 
Or, an aircraft may be type certificated for one pilot, and the 
regulations do not require more than one, in which case the check pilot 
could occupy the right seat to carry out the check. Therefore, it is 
inappropriate to regulate based solely on the physical location of the 
check pilot, check FE, or flight instructor and, for the reasons 
discussed in this preamble, more appropriate to ensure the pilot 
possesses the corresponding medical certificate required to perform the 
duties of the position that pilot is performing.
    Next, one commenter asked whether a person would need to hold a 
medical certificate if that person was a check pilot or flight 
instructor who was the sole person on board with the ability to 
maintain the flight.
    The FAA assumes that the commenter is alluding to a scenario in 
which a flight departs with a pilot serving as PIC in a single pilot 
operation with a check pilot on board conducting a check, subsequent to 
which the pilot experiences an incapacitating event and the check pilot 
is therefore required to fly the aircraft. While it is possible that a 
scenario such as the commenter raised could occur, the required 
flightcrew determination that check pilots rely on is made prior to 
takeoff based on the type certificate for the aircraft or the 
regulations governing the flight. In a hypothetical emergency 
situation, the

[[Page 51420]]

primary concern would be the safety of the persons on board the 
aircraft and landing the aircraft; a medical certificate (or lack 
thereof) should not prevent a check pilot or flight instructor from 
mitigating a safety situation. Therefore, the FAA does not intend to 
make amendments to the regulations beyond what was in the NPRM.
    Ameristar requested clarification regarding the recency of 
experience and training requirements. Specifically, Ameristar asked 
that the FAA state whether a flight instructor who is not a required 
crewmember must meet the recency of experience requirements of Sec.  
121.412(b)(6). Ameristar believes that the instructor would not need to 
meet those requirements as long as he or she meets all of the other 
requirements of Sec.  121.412.
    Section 121.412 contains the qualification requirements for persons 
serving as flight instructors under part 121. Among these requirements, 
Sec.  121.412(b)(6) requires part 121 flight instructors to, with 
respect to the airplane type involved, meet the recency of experience 
requirements of Sec.  121.439, as applicable. The FAA notes that the 
same requirement would apply to check pilots and check FEs under part 
121, as Sec.  121.411 requires check pilots to meet the recency of 
experience requirements of Sec.  121.439, as applicable. The recent 
experience requirements in Sec.  121.439 apply only to ``required pilot 
flightcrew members.'' Therefore, for flight instructors, check FEs, and 
check pilots in aircraft who are not serving as required flightcrew 
members, the recency of flight experience requirements of Sec.  121.439 
\22\ are not applicable. This same concept applies to the recency of 
flight experience requirements in part 135. In other words, for part 
135, a certificate holder may only use a check airman or flight 
instructor as a required flightcrew member serving as PIC carrying 
passengers if the person has satisfied the recency of experience 
requirements of Sec.  135.247. Because these regulations set forth the 
conditions under which a pilot or FE must meet the recency of 
experience, the FAA does not find these provisions (i.e., Sec. Sec.  
121.411(b)(6), 121.412(b)(6), 135.337(b)(6), and 135.338(b)(6)) 
required. The FAA expects these revisions to succinctly set forth the 
expectations for recency of experience. See section IV.A. of this 
preamble for additional discussion on the removal of these paragraphs.
---------------------------------------------------------------------------

    \22\ The FAA notes that this may seem inconsistent with recency 
of experience requirements set forth in current Sec. Sec.  
121.411(f) and 121.412(f) (redesignated in this final rule as 
paragraph (d) for each section), which are required of simulator 
check airmen or flight instructors regardless of whether the person 
is a required crewmember or not. In other words, check pilots and 
flight instructors who are conducting checks or instruction in only 
simulators must meet certain recency requirements (i.e., fly at 
least two flight segments as a required crewmember for the type of 
airplane in the 12 month period preceding the performance of any 
check airman duty in a full flight simulator (FFS) or satisfactorily 
complete a line-observation program within the period prescribed by 
that program preceding the performance of any check airman duty in 
an FFS). The recency of experience requirements for check airmen and 
flight instructors who only conduct operations in FFS ensure that 
these persons are adequately familiarized with a real-time flight 
environment. The same reasoning applies in part 135 (i.e., current 
Sec. Sec.  135.337(f) and 135.338(f)).
---------------------------------------------------------------------------

    Finally, Ameristar stated that it believed that the authorization 
to conduct training or checking without a medical certificate should be 
delineated to (1) line checks pursuant to Sec.  121.440, where the PIC 
being checked is currently qualified as a pilot in command and is not 
out of currency, and (2) refresher training under Sec.  
121.434(h)(4)(ii) or other training required by a training program that 
requires an observation by an aircraft instructor or check pilot where 
the individual is otherwise qualified to be a required crewmember. 
Ameristar recommended limiting the allowance of checking or training 
without a medical certificate in part 121 to the line check requirement 
in Sec.  121.440 and the refresher training in Sec.  121.434 (or 
similar observational training) only. The FAA emphasizes that, as 
previously discussed, Sec. Sec.  121.411 and 121.412 are currently 
implemented so as to not require a medical certificate when a check 
pilot or flight instructor is not serving as a required flightcrew 
member. This final rule merely clarifies, but does not change, the 
current implementation of those requirements. It is not the FAA's 
intention to limit the authorization to conduct training or checking 
without a medical certificate further, nor does the FAA find it 
appropriate to do so. If the check pilot and flight instructor 
conducting their duties under Sec.  121.440 or Sec.  121.434 are not 
required crewmembers, then they would not be required to hold a medical 
certificate.
3. Opposition to Rule
    Two anonymous commenters explicitly disagreed with the proposal. 
One commenter expressed a lack of understanding as to why check pilots 
should be exempt from medical certificate requirements, opining that it 
could be dangerous to other people on the flight if they relied on the 
check pilot and a medical situation were to happen. The second 
commenter believed that lowering the certifications would add to 
general aviation community fears, especially as it pertained to flight 
paths of commuter aircraft.
    As discussed in the NPRM, given the contradictory provisions in 
parts 121 and 135 regarding medical certification, the FAA currently 
implements Sec. Sec.  121.411, 121.412, 135.337, and 135.338 under the 
least burdensome provision such that parts 121 and 135 check pilots and 
flight instructors are not required to hold a medical certificate 
unless serving as required flightcrew members. In other words, this 
final rule maintains the status quo of medical certificates in current 
practice. Given the length of time and lack of safety data to support 
more stringent medical certificate requirements on these persons, the 
FAA has no basis upon which to conclude that this final rule would 
create an adverse impact on safety. The required flightcrew, who are 
responsible for the safe conduct of the flight, will continue to hold 
the appropriate medical certificates as required by Sec.  61.23.
    Further, when a check pilot or flight instructor is serving as a 
required flightcrew member (i.e., at the controls as required by 
regulation or type certificate), that check pilot or flight instructor 
must be fully qualified to serve as PIC \23\ to include the requirement 
to hold a first- or second-class medical certificate, as appropriate, 
under Sec.  61.23. In other words, they are not exempt from any medical 
certificate requirement. The only time a check pilot, check FE, or 
flight instructor is not required to hold a medical certificate is when 
they are not serving as a required flightcrew member; in that case, 
they are not needed for the conduct of the flight, and the person or 
persons operating the flight in that scenario would be fully qualified 
to conduct the operation. Eliminating the requirement that a check 
pilot, check FE, or flight instructor hold a medical certificate when 
they are not serving as a required flightcrew member will have no 
impact on risk to safety because aircraft will continue to operate 
using required flightcrew members who satisfy the necessary training 
and qualification requirements, including the requirement to hold an 
appropriate medical certificate. Therefore, while the FAA is revising 
some regulatory text from that proposed in the NPRM, as

[[Page 51421]]

explained in this preamble, the FAA is moving forward with the removal 
of certain inconsistent text to make clear no medical certificate is 
required for certain persons.
---------------------------------------------------------------------------

    \23\ See Sec. Sec.  121.411(b)(1); 121.412(b)(1); 135.337(b)(1); 
and 135.338(b)(1). The FAA notes that a check pilot and flight 
instructor must hold the airman certificates and ratings required to 
serve as a PIC in operations under part 121 or 135, as applicable, 
regardless of whether they are a required flightcrew member.
---------------------------------------------------------------------------

D. Miscellaneous Amendments

1. Part 121
    The FAA notes that it did not propose changes to certain 
terminology in part 121 of the NPRM. However, given the proposed 
changes in part 135, the FAA finds that it would introduce confusion to 
have references to ``check airmen'' and ``check pilots,'' which could 
indicate the two have different meanings when that may not be the 
intent. Therefore, the FAA is adopting nonsubstantive rule terminology 
changes in part 121 of this final rule. Specifically, ``check airmen'' 
is changed to ``check pilot'' and/or ``check flight engineer'' (as 
applicable \24\) in the plural and singular. Currently, the term 
``check airmen'' applies to both check pilots and check FEs. While 
there are similarities between the required training, qualification, 
and duties of check pilots and check FEs, there are many distinctive 
requirements. For example, a check pilot evaluates pilots operating the 
flight controls of an airplane, while a check FE evaluates FEs managing 
airplane systems. Using ``check airmen'' to describe both check pilots 
and check FEs can lead to confusion or misapplication of the 
regulations. Additionally, some provisions in subparts N and O of part 
121 use the term ``pilot check airman,'' while other provisions in 
subparts N and O use the term ``check pilot.'' The FAA considers these 
two terms synonymous, but using two different terms can create 
confusion and inconsistent application.
---------------------------------------------------------------------------

    \24\ There are certain instances in part 121 where ``check 
airman'' directs action only on a pilot or a flight engineer, not 
both. For example, Sec.  121.413(e) sets forth initial and 
transition flight training specific to check pilots and check flight 
engineers. In these instances, the appropriate replacement is made.
---------------------------------------------------------------------------

    Additionally, the term ``simulator'' is changed to ``FSTD.'' 
Specifically, where the regulations reference a flight simulator or a 
flight training device together, the correct terminology is ``flight 
simulation training device'' or ``FSTD,'' given the definition of a 
flight simulation training device in 14 CFR 1.1.\25\ This revision does 
not result in any substantive change to the regulations; rather, it 
simply condenses regulatory text. The following table sets forth the 
specific revised regulatory citations.
---------------------------------------------------------------------------

    \25\ Specifically, an FSTD is defined as a full flight simulator 
or a flight training device. Additionally, the FAA notes that a 
flight simulation training device is abbreviated ``FSTD'' pursuant 
to 14 CFR 1.2.

                Table 3--Terminology Changes in Part 121
------------------------------------------------------------------------
                                     Affected regulations in this final
             Revision                           rule (14 CFR)
------------------------------------------------------------------------
``Check airman'' to ``check         Sec.  Sec.   121.401(a)(1), (c), and
 pilot'' and/or ``check flight       (e); 121.407(a)(5); 121.408(d) and
 engineer''.                         (d)(1); 121.411(a)(1) and (2), (b),
                                     (b)(1) and (5), (d), (d)(1) and
                                     (2); 121.413(a), (a)(1), (c)(1),
                                     (d)(1) and (2); 121.414(a)(2);
                                     121.434(d); 121.439(b)(1) and (e);
                                     121.440(b)(1) and (c)(1);
                                     121.441(b)(2); 121.445(d)(2);
                                     121.915(b)(2)(iii); 121.919(e);
                                     appendix E to part 121, II.(f) and
                                     IV.(j); appendix F to part 121, V.,
                                     freestanding paragraph after
                                     (d)(2); appendix H to part 121 3.,
                                     4., and 5.
``Check airmen'' to ``check         Sec.  Sec.   121.401(a)(4);
 pilots'' and/or ``check flight      121.402(b)(4); 121.411 heading;
 engineers''.                        121.411(a)(3); 121.413 heading;
                                     121.413(c), (c)(7), (d), (d)(2),
                                     (e), (e)(3) and (4), (g), and (h);
                                     appendix H to part 121 intro
                                     paragraph and 5.
``Simulator'' to ``FSTD''.........  Sec.  Sec.   121.411(a)(1) and (2),
                                     (d), (d)(1) and (2); 121.412(a)(1)
                                     and (2), (d), (d)(1) and (2);
                                     121.413(a)(2), (c)(7) and (7)(iv),
                                     (d)(2) and (2)(iv), (f), (g)(1) and
                                     (2), and (h); and 121.414(a)(2),
                                     (c)(8) and (8)(iv), (d)(2) and
                                     (2)(iv), (f), (g), (g)(1) and (2),
                                     and (h).
------------------------------------------------------------------------

2. Part 135
    The FAA did not receive any comments on its proposed part 135 
terminology changes as discussed in the NPRM. Specifically, the FAA 
proposed to change ``check airman'' to ``check pilot,'' in the singular 
and plural, as well as changing ``flight simulator'' to ``FSTD,'' \26\ 
where appropriate, and adopts these revisions in this final rule. The 
following table sets forth the specific revised regulatory citations.
---------------------------------------------------------------------------

    \26\ The FAA notes that the regulations refer to check pilot and 
flight instructor duties only in flight simulator in Sec.  
135.337(f)(1) and (2) and Sec.  135.338(f)(1) and (2). However, in 
practice, these regulations apply to any checking and instruction in 
flight training devices, as well.

                Table 4--Terminology Changes in Part 135
------------------------------------------------------------------------
             Revision                   Affected regulations (14 CFR)
------------------------------------------------------------------------
``Check airman'' to ``check         Sec.  Sec.   135.113; 135.297(c)(2);
 pilot''.                            135.323(a)(1) and (c);
                                     135.337(a)(1), (a)(2), (b), (b)(1),
                                     (b)(6), (d), (d)(1), and (d)(2);
                                     135.339(a), (a)(1), (c)(1), and
                                     (d); 135.340(a)(2).
``Check airmen'' to ``check pilots  Sec.  Sec.   135.321(a)(2);
 and check flight engineers''.       135.323(a)(4); 135.324(b)(4);
                                     135.337 heading; 135.337(a)(3);
                                     135.339 heading; 135.339(c), (d),
                                     (e), and (g).
``Simulator'' to ``FSTD''.........  Sec.  Sec.   135.323(a)(4);
                                     135.337(a)(1), (a)(2), (d), (d)(1),
                                     and (d)(2); 135.338(a)(1), (a)(2),
                                     (d), (d)(1), and (d)(2); 135.339
                                     heading; 135.339(g); and
                                     135.340(g).
------------------------------------------------------------------------

3. Removal of Certain Dated Provisions
    During the pendency of this rulemaking, the FAA noted several 
provisions in parts 121 and 135 that direct action or remove action 
after a certain date that has since passed. As a result, these 
provisions are unnecessary and may be removed without any substantive 
effect. The FAA notes that, while these removals were not included in 
the NPRM to this Final Rule, they are purely editorial revisions in 
nature that do not result in additional or lesser requirements on the 
regulated community.
    First, in December 1995, the FAA published the Air Carrier and 
Commercial Operator Training Programs final rule.\27\ This created a 
rule (Sec.  121.404) with compliance

[[Page 51422]]

requirements for flight crewmembers, flight attendants, and aircraft 
dispatchers to have received Crew Resource Management (CRM) or Dispatch 
Resource Management (DRM) initial training by certain dates (i.e., 
after March 19, 1998 and after March 19, 1999). Because these dates 
have passed, the FAA removes references to the expired compliance dates 
from Sec.  121.404 in this final rule.
---------------------------------------------------------------------------

    \27\ Air Carrier and Commercial Operator Training Programs, 60 
FR 65940 (Dec. 20, 1995).
---------------------------------------------------------------------------

    Next, in November 2013, the FAA issued the Qualification, Service, 
and Use of Crewmembers and Aircraft Dispatchers final rule.\28\ That 
rule prescribed a compliance date of March 12, 2019, for certain 
provisions. Because March 12, 2019, has passed, the FAA is removing 
references to that expired compliance date, as well as certain 
requirements in part 121 subparts N and O that have expired. 
Specifically, the following paragraphs list a compliance date of March 
12, 2019, as an outgrowth of that rule. Because these regulations are 
now in effect and do not require an explicit compliance date, the 
following paragraphs are revised or removed, as appropriate,\29\ from 
the regulations:
---------------------------------------------------------------------------

    \28\ Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers, 78 FR 67800 (Nov. 12, 2013).
    \29\ Some paragraphs are only utilized to set forth the 
compliance date; these paragraphs are removed in their entirety 
(e.g., Sec.  121.413(i)). Other paragraphs set forth the compliance 
date among other text within the paragraph; these paragraphs are 
revised to remove only the compliance date phrasing (e.g., Sec.  
121.407(e)).

 Sec.  121.403(b)(2);
 Sec.  121.407(e);
 Sec.  121.408(f);
 Sec.  121.409(b)(ii)(A); \30\
---------------------------------------------------------------------------

    \30\ The compliance date for Sec.  121.407(b)(2)(ii)(B)(6) has 
passed and, therefore, the requirement to provide an opportunity for 
each PIC to demonstrate leadership and command skills as part of 
LOFT is currently in effect. Therefore, the introductory text in 
paragraph (b)(2)(ii)(B) is rendered unnecessary, and the list of 
(b)(2)(ii)(B)(1) through (6) becomes (b)(2)(ii)(A) through (F).
---------------------------------------------------------------------------

 Sec.  121.413(i);
 Sec.  121.414(i);
 Sec.  121.415(k);
 Sec.  121.419(f);
 Sec.  121.423(f);
 Sec.  121.424(f);
 Sec.  121.427(f);
 Sec.  121.433(d); \31\
---------------------------------------------------------------------------

    \31\ The elimination of the compliance date in Sec.  121.433 
resulted in the removal of paragraph (d) in its entirety. As a 
result, Sec.  121.433(e) is redesignated to Sec.  121.433(d). In 
turn, this final rule makes a conforming amendment in Sec.  
121.427(e)(1)(ii)(B) to correct the cross-reference of Sec.  
121.433(e) to (d).
---------------------------------------------------------------------------

 Sec.  121.441(a)(1);
 Sec.  121.544;
 Appendix E to part 121, I.(c), I.(d), II.(c), and IV.(d)(2);
 Appendix F to part 121, I.(c), I.(d)(2), II.(c)(2), and 
V.(c)(2);
 Appendix H to part 121, 6.

    Finally, in February 2020, the FAA issued the Pilot Professional 
Development final rule.\32\ That rule included April 27, 2022, or April 
27, 2023, as a compliance date for certain provisions in part 121. For 
other provisions in part 121, the rule included April 27, 2022, as an 
expiration date. The FAA removes references to the April 27, 2022, 
compliance dates as well as any requirements in part 121 subpart N and 
appendix E to part 121 that expired on April 27, 2022. This revision 
includes the removal of reference to the April 27, 2022, compliance 
date in corresponding parts 91 and 135 that refer to part 121 
certificate holders, specifically, Sec. Sec.  91.1063 and 135.3. 
Furthermore, the FAA removes references to the April 27, 2023, 
compliance date, as air carriers are already in compliance with the 
provisions tied to that compliance date.
---------------------------------------------------------------------------

    \32\ Pilot Professional Development, 85 FR 10896 (Feb. 25, 
2020).
---------------------------------------------------------------------------

    The following paragraphs are revised or removed, as 
appropriate,\33\ from the regulations:
---------------------------------------------------------------------------

    \33\ Some paragraphs are only utilized to set forth the 
compliance date; these paragraphs are removed in their entirety 
(e.g., Sec.  121.420(c)). Other paragraphs set forth the compliance 
date among other text within the paragraph; these paragraphs are 
revised to remove only the compliance date phrasing (e.g., Sec.  
121.429(a)).

 Sec.  91.1063(b)(2)(i) and (ii);
 Sec.  121.409(b)(2)(ii)(B)(6); \34\
---------------------------------------------------------------------------

    \34\ To note, Sec.  121.409(b)(2)(ii)(B)(6) is redesignated as 
Sec.  121.409(b)(2)(ii)(F), as discussed in footnote 27 of this 
preamble. As a result of the redesignation, the FAA made a 
conforming amendment to Sec.  135.3(d)(2) to revise the cross 
reference in that section to the updated citation of Sec.  
121.409(b)(2)(ii)(F).
---------------------------------------------------------------------------

 Sec.  121.415(e)(2);
 Sec.  121.419(c) and (g);
 Sec.  121.420(c);
 Sec.  121.424(b) and (g);
 Sec.  121.426(d);
 Sec.  121.429(a); and
 Sec.  135.3(d)(1) and (2).

V. Regulatory Notices and Analyses

    Federal agencies consider the impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), direct that each Federal 
agency propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate that may 
result in the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $183 million using the most 
current (2023) Implicit Price Deflator for the Gross Domestic Product.
    In conducting these analyses, the FAA has determined that this 
final rule will: (1) have savings and no additional costs, (2) not be 
an economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866 as amended by Executive Order 14094, (3) 
not have a significant economic impact on a substantial number of small 
entities, (4) not create unnecessary obstacles to the foreign commerce 
of the United States, and (5) not impose an unfunded mandate on State, 
local, or Tribal governments, or on the private sector by exceeding the 
threshold identified above.

A. Regulatory Evaluation

    As previously discussed, the FAA has determined the changes in this 
final rule will have no adverse impact on safety. The FAA has 
determined that allowing parts 121 and 135 check pilots and parts 121 
and 135 flight instructors to perform their functions in an airplane 
without a medical certificate (unless they are required flightcrew 
members) has no negative effect on safety. Further, pilots serving as 
required flightcrew members must be fully qualified to serve as such 
and must have the appropriate medical certificate. If a check pilot or 
flight instructor is not a required flightcrew member, they are not 
necessary for the operation, and the flight may proceed whether or not 
they are present. The FAA's current application of the regulations to 
allow check pilots, check FEs, and flight instructors to serve without 
medical certificates if not serving as required flightcrew members has 
caused no degradation in the safe operation of aircraft. Conversely, 
requiring a medical certificate for check pilots, check FEs, and flight 
instructors who are not serving as required flightcrew members would 
result in an unnecessary burden.
    As of January 2020, there are approximately 1,069 part 135 check

[[Page 51423]]

pilots.\35\ Of these 1,069 part 135 check pilots, there are roughly 532 
part 135 check pilots who do not hold a medical certificate. In the 
NPRM, the FAA estimated cost savings from enabling check pilots who do 
not hold a medical certificate to perform their duties in an aircraft. 
The FAA requested additional information and data on the expanded 
opportunities for affected check pilots but did not receive additional 
information or data. The final rule instead clarifies that check pilots 
who are otherwise qualified and are not serving as required flightcrew 
are already exempt from having to hold a medical certificate as a 
matter of FAA policy (see section III. of this preamble, which 
explained that the FAA gave force and effect to the most relieving 
provision by not requiring flight instructors and check airmen 
performing their respective duties in aircraft to hold any medical 
certificate when not serving as a required flightcrew member). Since 
these check pilots can already perform their duties in an aircraft, the 
FAA does not estimate cost savings in this final rule but notes that 
the clarification could provide minimal cost savings.
---------------------------------------------------------------------------

    \35\ National Vital Information Subsystem (NVIS) database, 
January 2020. All estimates of affected check pilots reported in 
this section are based on information from FAA's Air Transportation 
Division and the National Vital Information Subsystem (NVIS) 
database.
---------------------------------------------------------------------------

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (Pub. L. 96-354, 
codified at 5 U.S.C. 601 et seq.), 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), requires Federal 
agencies to consider the effects of the regulatory action on small 
entities and to minimize any significant economic impact. The term 
``small entities'' includes small businesses, 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.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify, and a regulatory flexibility analysis is not required.
    This final rule clarifies that part 135 check pilots who do not 
hold a current medical certificate but are otherwise qualified can 
function as check pilots, check FEs, and flight instructors in 
aircraft. This change could provide cost savings to a few part 135 
check pilots without additional costs. The final rule also clarifies 
related FAA regulations without substantive effect. Thus, the expected 
outcome would be a small positive impact on any small entity affected 
by this rulemaking action.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that those international standards be the basis for U.S. 
standards. The FAA has assessed the potential effect of this rule and 
determined that it has only a domestic impact and, therefore, does not 
present any obstacle to foreign commerce of the United States.

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 $183 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. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    The existing information collection associated with all check pilot 
and flight instructor medical certificates in parts 121 and 135 was 
approved under OMB control number 2120-0034. The information collection 
is used to collect medical certificate information to determine whether 
applicants are medically qualified to perform the duties associated 
with the class of medical certificate sought. The FAA has determined 
that removing the medical certificate requirement for part 135 check 
pilots (aircraft) who are currently eligible for a medical certificate 
but who may choose to allow their certificate to expire would result in 
a negligible reduction in the information collection, as pilots serving 
as a required flightcrew member would still need to maintain a valid 
medical certificate. The FAA has determined that there is no reduction 
in the information collection associated with part 121 check pilots and 
flight instructors and part 135 flight instructors. The FAA has also 
determined that there is no new requirement for information collection 
associated with this 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 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from the preparation of an environmental assessment or 
environmental impact statement under NEPA in the absence of 
extraordinary circumstances. The FAA has determined this rulemaking 
action qualifies for the categorical exclusion

[[Page 51424]]

identified in paragraph 5-6.6f for regulations and that no 
extraordinary circumstances exist.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132. 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. 
Therefore, this rule 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,'' and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures, the FAA ensures that Federally Recognized Tribes (Tribes) 
are given the opportunity to provide meaningful and timely input 
regarding Federal actions that have the potential to uniquely or 
significantly affect their respective Tribes. The FAA has not 
identified any unique or significant effects, environmental or 
otherwise, on Tribes resulting from this final rule.

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

    The FAA analyzed this rule under Executive Order 13211. 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 and International Trade Analysis

    Under Executive Order 13609, Promoting International Regulatory 
Cooperation, agencies must consider whether the impacts associated with 
significant variations between domestic and international regulatory 
approaches are unnecessary or may impair the ability of American 
businesses to export and compete internationally. In meeting shared 
challenges involving health, safety, labor, security, environmental, 
and other issues, regulatory approaches developed through international 
cooperation can provide equivalent protection to standards developed 
independently while also minimizing unnecessary differences. The FAA 
has analyzed this action under the policies and agency responsibilities 
of Executive Order 13609 and has determined that this action does not 
affect international regulatory cooperation.

VII. How To Obtain Additional Information

A. Electronic Access and Filing

    A copy of the notice of proposed rulemaking (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 rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found on 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, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket, notice, or amendment number of 
this rulemaking.
    All documents the FAA considered in developing this 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 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 http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 91

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 121

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

14 CFR Part 135

    Air taxies, Aircraft, Airmen, Aviation safety.

The Amendment

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. Amend Sec.  91.1063 by revising paragraphs (b)(2)(i) and (ii) to 
read as follows:


Sec.  91.1063  Testing and training: Applicability and terms used.

* * * * *
    (b) * * *
    (2) * * *
    (i) Each program manager must include in upgrade ground training 
for pilots, instruction in at least the subjects identified in Sec.  
121.419(a) of this chapter, as applicable to their assigned duties; 
and, for pilots serving in crews of two or more pilots, instruction and 
facilitated discussion in the subjects identified in Sec.  121.419(c) 
of this chapter.
    (ii) Each program manager must include in upgrade flight training 
for pilots, flight training for the maneuvers and procedures required 
in Sec.  121.424(a), (c), (e), and (f) of this chapter; and, for pilots 
serving in crews of two or more pilots, the flight training required in 
Sec.  121.424(b) of this chapter.
* * * * *

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

0
3. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat 62 (49 U.S.C. 44732 
note); Pub. L.

[[Page 51425]]

115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).


0
4. Amend Sec.  121.401 by revising paragraphs (a)(1) and (4), (c), and 
(e) and removing the undesignated text following paragraph (e) to read 
as follows:


Sec.  121.401   Training program: General.

    (a) * * *
    (1) Establish and implement a training program that satisfies the 
requirements of this subpart and appendices E and F of this part and 
that ensures that each crewmember, aircraft dispatcher, flight 
instructor, check pilot, and check flight engineer is adequately 
trained to perform his or her assigned duties. Prior to implementation, 
the certificate holder must obtain initial and final FAA approval of 
the training program.
* * * * *
    (4) Provide enough flight instructors and approved check pilots and 
check flight engineers to conduct the flight training and checks 
required under this part.
* * * * *
    (c) Each instructor, supervisor, check pilot, or check flight 
engineer who is responsible for a particular ground training subject, 
segment of flight training, course of training, flight check, or 
competence check under this part shall certify as to the proficiency 
and knowledge of the crewmember, aircraft dispatcher, flight 
instructor, check pilot, or check flight engineer concerned upon 
completion of that training or check. That certification shall be made 
a part of the crewmember's or dispatcher's record. When the 
certification required by this paragraph is made by an entry in a 
computerized recordkeeping system, the certifying instructor, 
supervisor, check pilot, or check flight engineer must be identified 
with that entry. However, the signature of the certifying instructor, 
supervisor, check pilot, or check flight engineer is not required for 
computerized entries.
* * * * *
    (e) A person who progresses successfully through flight training; 
is recommended by his instructor, check pilot, or check flight 
engineer; and successfully completes the appropriate flight check for a 
check pilot, check flight engineer, or the Administrator need not 
complete the programmed hours of flight training for the particular 
airplane. However, whenever the Administrator finds that 20 percent of 
the flight checks given at a particular training base during the 
previous 6 months under this paragraph are unsuccessful, this paragraph 
may not be used by the certificate holder at that base until the 
Administrator finds that the effectiveness of the flight training there 
has improved.

0
5. Amend Sec.  121.402 by revising paragraph (b)(4) to read as follows:


Sec.  121.402  Training program: Special rules.

* * * * *
    (b) * * *
    (4) Has sufficient instructors, check pilots, and check flight 
engineers qualified under the applicable requirements of Sec. Sec.  
121.411 or 121.412 to provide training, testing, and checking to 
persons subject to the requirements of this subpart.

0
6. Amend Sec.  121.403 by revising paragraph (b)(2) to read as follows:


Sec.  121.403  Training program: Curriculum.

* * * * *
    (b) * * *
    (2) A list of all the training equipment approved under Sec.  
121.408 as well as other training aids that the certificate holder will 
use.
* * * * *

0
7. Revise Sec.  121.404 to read as follows:


Sec.  121.404  Crew and dispatcher resource management training.

    No certificate holder may use a person as a flightcrew member, 
flight attendant, or aircraft dispatcher unless that person has 
completed approved crew resource management (CRM) or dispatcher 
resource management (DRM) initial training, as applicable, with that 
certificate holder or with another certificate holder.

0
8. Amend Sec.  121.407 by revising paragraphs (a)(5) and (e) to read as 
follows:


Sec.  121.407  Training program: Approval of flight simulation training 
devices.

    (a) * * *
    (5) Have a daily discrepancy log kept with each discrepancy entered 
in that log by the appropriate instructor, check pilot, or check flight 
engineer at the end of each training or check flight.
* * * * *
    (e) An FFS approved under this section must be used instead of the 
airplane to satisfy the pilot flight training requirements prescribed 
in the extended envelope training set forth in Sec.  121.423 of this 
part.

0
9. Amend Sec.  121.408 by:
0
a. Revising paragraphs (d) introductory text and (d)(1), and
0
b. Removing paragraph (f).
    The revisions read as follows:


Sec.  121.408  Training equipment other than flight simulation training 
devices.

* * * * *
    (d) All training equipment must have a record of discrepancies. The 
documenting system must be readily available for review by each 
instructor, check pilot, check flight engineer, or supervisor prior to 
conducting training or checking with that equipment.
    (1) Each instructor, check pilot, check flight engineer or 
supervisor conducting training or checking, and each person conducting 
an inspection of the equipment who discovers a discrepancy, including 
any missing, malfunctioning, or inoperative components, must record a 
description of that discrepancy and the date that the discrepancy was 
identified.
* * * * *

0
10. Amend Sec.  121.409 by revising and republishing paragraph 
(b)(2)(ii) to read as follows:


Sec.  121.409  Training courses using flight simulation training 
devices.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Line-oriented flight training (LOFT) that--
    (A) Utilizes a complete flight crew;
    (B) Includes at least the maneuvers and procedures (abnormal and 
emergency) that may be expected in line operations;
    (C) Includes scenario-based or maneuver-based stall prevention 
training before, during or after the LOFT scenario for each pilot;
    (D) Is representative of two flight segments appropriate to the 
operations being conducted by the certificate holder;
    (E) Provides an opportunity to demonstrate workload management and 
pilot monitoring skills; and
    (F) Provides an opportunity for each pilot in command to 
demonstrate leadership and command skills.
* * * * *

0
11. Revise Sec.  121.411 to read as follows:


Sec.  121.411  Qualifications: Check pilots and check flight engineers.

    (a) For the purposes of this part:
    (1) A check pilot (airplane) or check flight engineer (airplane) is 
a person who is qualified, and permitted, to conduct flight checks or 
instruction in an airplane for a particular type airplane.
    (2) A check pilot (FSTD) or check flight engineer (FSTD) is a 
person who is qualified to conduct flight checks or instruction-only in 
an FSTD for a particular type airplane.
    (3) Check pilots and check flight engineers are those persons who 
perform the functions described in Sec.  121.401(a)(4).

[[Page 51426]]

    (b) No certificate holder may use a person, nor may any person 
serve as a check pilot or check flight engineer in a training program 
established under this subpart unless, with respect to the airplane 
type involved, that person--
    (1) Holds the pilot certificates and ratings required to serve as a 
pilot in command or a flight engineer certificate, as applicable, in 
operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command or flight engineer, as applicable, in 
operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
flight checks that are required to serve as a pilot in command or 
flight engineer, as applicable, in operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec.  121.413; and
    (5) Has been approved by the Administrator for the check pilot or 
check flight engineer duties involved.
    (c) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) of this section, as applicable, shall be entered in the 
individual's training record maintained by the certificate holder.
    (d) A check pilot (FSTD) and check flight engineer (FSTD) must 
accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type airplane involved within the 12-month period preceding the 
performance of any check pilot or check flight engineer duty in an 
FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check pilot or check flight engineer duty in an 
FSTD.
    (e) The flight segments or line-observation program required in 
paragraph (d) of this section are considered to be completed in the 
month required if completed in the calendar month before or in the 
calendar month after the month in which it is due.
    (f) A person who serves as a required flightcrew member while 
performing check pilot or check flight engineer duties must also meet 
the requirements of this chapter for the duty position in which they 
are serving.

0
12. Revise Sec.  121.412 to read as follows:


Sec.  121.412  Qualifications: Flight instructors.

    (a) For the purposes of this part:
    (1) A flight instructor (airplane) is a person who is qualified to 
instruct in an airplane for a particular type airplane.
    (2) A flight instructor (FSTD) is a person who is qualified to 
instruct only in an FSTD for a particular type airplane.
    (3) Flight instructors are those instructors who perform the 
functions described in Sec.  121.401(a)(4).
    (b) No certificate holder may use a person nor may any person serve 
as a flight instructor in a training program established under this 
subpart unless, with respect to the airplane type involved, that 
person--
    (1) Holds the pilot certificates and rating required to serve as a 
pilot in command or a flight engineer certificate, as applicable, in 
operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the airplane, including recurrent training, that are required to 
serve as a pilot in command or flight engineer, as applicable, in 
operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
flight checks that are required to serve as a pilot in command or 
flight engineer, as applicable, in operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec.  121.414.
    (c) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) of this section, as applicable, shall be entered in the 
individual's training record maintained by the certificate holder.
    (d) A flight instructor (FSTD) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane within the 12-month period preceding the 
performance of any flight instructor duty in an FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program preceding the performance 
of any flight instructor duty in an FSTD.
    (e) The flight segments or line-observation program required in 
paragraph (d) of this section is considered completed in the month 
required if completed in the calendar month before, or the calendar 
month after the month in which it is due.
    (f) A person who serves as a required flightcrew member while 
performing flight instructor duties must also meet the requirements of 
this chapter for the duty position in which they are serving.

0
13. Revise Sec.  121.413 to read as follows:


Sec.  121.413   Initial, transition and recurrent training and checking 
requirements: Check pilots and check flight engineers.

    (a) No certificate holder may use a person nor may any person serve 
as a check pilot or check flight engineer unless--
    (1) That person has satisfactorily completed initial or transition 
check pilot or check flight engineer training, as applicable; and
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts a check or supervises operating experience 
under the observation of an FAA inspector or an aircrew designated 
examiner employed by the operator. The observation check may be 
accomplished in part or in full in an airplane and in an FSTD.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, 
the month in which it is due.
    (c) The initial ground training for check pilots or check flight 
engineers must include the following, as applicable:
    (1) Check pilot or check flight engineer duties, functions, and 
responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance, including the 
detection of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The appropriate corrective action in the case of unsatisfactory 
checks.
    (6) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures in 
the airplane.
    (7) For check pilots or check flight engineers who conduct training 
or checking in an FSTD, the following subjects specific to the 
device(s) for the airplane type:
    (i) Proper operation of the controls and systems;
    (ii) Proper operation of environmental and fault panels;
    (iii) Data and motion limitations of simulation; and

[[Page 51427]]

    (iv) The minimum airplane simulator equipment required by this part 
or part 60 of this chapter for each maneuver and procedure completed in 
an FSTD.
    (d) The transition ground training for check pilots or check flight 
engineers must include the following:
    (1) The approved methods, procedures, and limitations for 
performing the required normal, abnormal, and emergency procedures 
applicable to the airplane to which the check pilot or check flight 
engineer is transitioning.
    (2) For check pilots or check flight engineers who conduct training 
or checking in an FSTD, the following subjects specific to the 
device(s) for the airplane type to which the check pilot or check 
flight engineer is transitioning:
    (i) Proper operation of the controls and systems;
    (ii) Proper operation of environmental and fault panels;
    (iii) Data and motion limitations of simulation; and
    (iv) The minimum airplane simulator equipment required by this part 
or part 60 of this chapter for each maneuver and procedure completed in 
an FSTD.
    (e) The initial and transition flight training for check pilots 
(airplane) and check flight engineers (airplane) must include the 
following:
    (1) The safety measures for emergency situations that are likely to 
develop during a check.
    (2) The potential results of improper, untimely, or non-execution 
of safety measures during a check.
    (3) For check pilots (airplane)--
    (i) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during a check.
    (4) For check flight engineers (airplane), training to ensure 
competence to perform assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part inflight and in an FSTD, as 
appropriate.
    (g) The initial and transition flight training for check pilots or 
check flight engineers who conduct training or checking in an FSTD must 
include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure 
competence to conduct the flight checks required by this part. This 
training and practice must be accomplished in an FSTD.
    (2) Training in the operation of FSTDs to ensure competence to 
conduct the flight checks required by this part.
    (h) Recurrent ground training for check pilots or check flight 
engineers who conduct training or checking in an FSTD must be completed 
every 12 calendar months and must include the subjects required in 
paragraph (c)(7) of this section.

0
14. Amend Sec.  121.414 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2), (c)(8) introductory text and (c)(8)(iv), 
(d)(2) introductory text and (d)(2)(iv), (f), (g), and (h), and
0
c. Removing paragraph (i).
    The revisions read as follows:


Sec.  121.414   Initial, transition and recurrent training and checking 
requirements: Flight instructors.

    (a) * * *
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check pilot, a check flight engineer, or an 
aircrew designated examiner employed by the operator, as appropriate. 
The observation check may be accomplished in part or in full in an 
airplane and an FSTD.
* * * * *
    (c) * * *
    (8) For flight instructors who conduct training in an FSTD, the 
following subjects specific to the device(s) for the airplane type:
* * * * *
    (iv) The minimum airplane simulator equipment required by this part 
121 or part 60 of this chapter for each maneuver and procedure 
completed in an FSTD.
    (d) * * *
    (2) For flight instructors who conduct training in an FSTD, the 
following subjects specific to the device(s) for the airplane type to 
which the flight instructor is transitioning:
* * * * *
    (iv) The minimum airplane simulator equipment required by this part 
or part 60 of this chapter for each maneuver and procedure completed in 
an FSTD.
* * * * *
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part inflight and in an FSTD, as 
appropriate.
    (g) The initial and transition flight training for flight 
instructors who conduct training in an FSTD must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. This training and practice must be 
accomplished in full or in part in an FSTD.
    (2) Training in the operation of FSTDs to ensure competence to 
conduct the flight instruction required by this part.
    (h) Recurrent flight instructor ground training for flight 
instructors who conduct training in an FSTD must be completed every 12 
calendar months and must include the subjects required in paragraph 
(c)(8) of this section.

0
15. Amend Sec.  121.415 by:
0
a. Revising paragraph (e), and
0
b. Removing paragraph (k).
    The revision reads as follows:


Sec.  121.415  Crewmember and dispatcher training program requirements.

* * * * *
    (e) Upgrade training as specified in Sec. Sec.  121.420 and 121.426 
for a particular type airplane may be included in the training program 
for flightcrew members who have qualified and served as second in 
command pilot on that airplane.
* * * * *

0
16. Amend Sec.  121.419 by:
0
a. Revising paragraphs (c) and (f); and
0
b. Removing paragraph (g).
    The revisions read as follows:


Sec.  121.419  Pilots and flight engineers: Initial, transition, 
conversion and upgrade ground training.

* * * * *
    (c) In addition to the requirements in paragraph (a) or (b) of this 
section, as applicable, initial ground training for pilots in command 
must include instruction and facilitated discussion on the following:
* * * * *
    (f) Initial programmed hours applicable to pilots as specified in 
paragraphs (d) and (e) of this section must include 2 additional hours 
to meet the requirements in paragraphs (a)(2)(xi) and (xii) of this 
section.


Sec.  121.420   [Amended]

0
17. Amend Sec.  121.420 by removing paragraph (c).


Sec.  121.423  [Amended]

0
18. Amend Sec.  121.423 by removing paragraph (f).

0
19. Amend Sec.  121.424 by:
0
a. Revising paragraph (b), and
0
b. Removing paragraphs (f) and (g).
    The revision reads as follows:


Sec.  121.424  Pilots: Initial, transition, conversion, and upgrade 
flight training.

* * * * *

[[Page 51428]]

    (b) In addition to the requirements in paragraph (a) of this 
section, initial flight training for pilots in command must include 
sufficient scenario-based training incorporating CRM and leadership and 
command skills to ensure the pilot's proficiency as pilot in command. 
The training required by this paragraph (b) may be completed inflight 
or in an FSTD.
* * * * *


Sec.  121.426   [Amended]

0
20. Amend Sec.  121.426 by removing paragraph (d).

0
21. Amend Sec.  121.427 by revising paragraphs (e)(1)(ii)(B) and (f) to 
read as follows:


Sec.  121.427  Recurrent training.

* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (B) Satisfactory completion of a proficiency check may be 
substituted for recurrent flight training as permitted in Sec.  
121.433(c) and (d).
* * * * *
    (f) Recurrent programmed hours applicable to pilots as specified in 
paragraph (c)(1) of this section must include 30 additional minutes to 
meet the requirements in paragraph (e)(1)(i) of this section.

0
22. Amend Sec.  121.429 by revising the introductory text of paragraph 
(a) to read as follows:


Sec.  121.429  Pilots in command: Leadership and command and mentoring 
training.

    (a) No certificate holder may use a pilot as pilot in command in an 
operation under this part unless the pilot has completed the following 
ground training in accordance with the certificate holder's approved 
training program:
* * * * *

0
23. Amend Sec.  121.433 by revising paragraph (d) and removing 
paragraph (e) to read as follows:


Sec.  121.433  Training required.

* * * * *
    (d) Notwithstanding paragraph (c)(2) of this section, a proficiency 
check as provided in Sec.  121.441 may not be substituted for the 
extended envelope training required by Sec.  121.423 or training in 
those maneuvers and procedures set forth in a certificate holder's 
approved low-altitude windshear flight training program when that 
program is included in a recurrent flight training course as required 
by Sec.  121.409(d).

0
24. Amend Sec.  121.434 by revising the introductory text of paragraph 
(d) to read as follows:


Sec.  121.434  Operating experience, operating cycles, and 
consolidation of knowledge and skills.

* * * * *
    (d) A flight engineer must perform the duties of a flight engineer 
under the supervision of a check flight engineer or a qualified flight 
engineer for at least the following number of hours:
* * * * *

0
25. Amend Sec.  121.439 by revising paragraphs (b)(1) and (e) to read 
as follows:


Sec.  121.439  Pilot qualification: Recent experience.

* * * * *
    (b) * * *
    (1) Under the supervision of a check pilot, make at least three 
takeoffs and landings in the type airplane in which that person is to 
serve or in a Level B or higher FFS.
* * * * *
    (e) A check pilot who observes the takeoffs and landings prescribed 
in paragraph (b)(1) of this section shall certify that the person being 
observed is proficient and qualified to perform flight duty in 
operations under this part and may require any additional maneuvers 
that are determined necessary to make this certifying statement.
* * * * *

0
26. Amend Sec.  121.440 by revising paragraphs (b)(1) and (c)(1) to 
read as follows:


Sec.  121.440  Line checks.

* * * * *
    (b) * * *
    (1) Be given by a check pilot who is currently qualified on both 
the route and the airplane; and
* * * * *
    (c) * * *
    (1) Be given by a check pilot who is currently qualified on the 
airplane; and
* * * * *

0
27. Amend Sec.  121.441 by revising paragraphs (a)(1)(i) and (ii) and 
(b)(2) to read as follows:


Sec.  121.441  Proficiency checks.

    (a) * * *
    (1) * * *
    (i) A proficiency check within the preceding 12 calendar months in 
the aircraft type in which the person is to serve and,
    (ii) In addition, within the preceding 6 calendar months, either a 
proficiency check or the approved FFS course of training.
* * * * *
    (b) * * *
    (2) It must be given by the Administrator or a check pilot.
* * * * *

0
28. Amend Sec.  121.445 by revising paragraph (d)(2) to read as 
follows:


Sec.  121.445  Pilot in command airport qualification: Special areas 
and airports.

* * * * *
    (d) * * *
    (2) By flying over a route or area as pilot in command under the 
supervision of a check pilot using the special type of navigation 
system.
* * * * *

0
29. Revise Sec.  121.544 to read as follows:


Sec.  121.544   Pilot monitoring.

    Each pilot who is seated at the pilot controls of the aircraft 
while not flying the aircraft must accomplish pilot monitoring duties 
as appropriate in accordance with the certificate holder's procedures 
contained in the manual required by Sec.  121.133.

0
30. Amend Sec.  121.915 by revising paragraph (b)(2)(iii) to read as 
follows:


Sec.  121.915  Continuing qualification curriculum.

* * * * *
    (b) * * *
    (2) * * *
    (iii) During the line checks required under paragraph (b)(2)(i) and 
(ii) of this section, each person performing duties as a pilot in 
command, second in command, or flight engineer for that flight must be 
individually evaluated to determine whether the person remains 
adequately trained and currently proficient with respect to the 
particular aircraft, crew position, and type of operation in which he 
or she serves; and the person has sufficient knowledge and skills to 
operate effectively as part of a crew. The evaluator must be a check 
pilot, check flight engineer, an APD, or an FAA inspector and must hold 
the certificates and ratings required of the pilot in command.
* * * * *

0
31. Amend Sec.  121.919 by revising paragraph (e) to read as follows:


Sec.  121.919  Certification.

* * * * *
    (e) The applicant has been trained to proficiency on the 
certificate holder's approved AQP Qualification Standards as witnessed 
by an instructor, check pilot, check flight engineer, or APD and has 
passed an LOE administered by an APD or the FAA.

[[Page 51429]]


0
32. Amend Appendix E to part 121 by:
0
a. Revising paragraphs I.(c) and (d) in the table;
0
b. Revising paragraphs II.(c) and (f) in the table; and
0
c. Revising paragraphs IV.(d) and (j) in the table.
    The revisions read as follows:

Appendix E to Part 121--Flight Training Requirements

* * * * *

 
                                                  * * * * * * *
I. * * *
    (c) Taxiing. This maneuver
     includes the following:
        (1) Taxiing, sailing,    I, T, U, C.........
         and docking procedures
         in compliance with
         instructions issued by
         ATC or by the person
         conducting the
         training.
        (2) Use of airport       I, T, U, C.........
         diagram (surface
         movement chart).
        (3) Obtaining            I, T, U, C.........
         appropriate clearance
         before crossing or
         entering active
         runways.
        (4) Observation of all   I, T, U, C.........
         surface movement
         guidance control
         markings and lighting.
        (d) Pre-takeoff          ...................  ..................  I, T, U, C........
         procedures that
         include powerplant
         checks, receipt of
         takeoff clearance and
         confirmation of
         aircraft location, and
         FMS entry (if
         appropriate) for
         departure runway prior
         to crossing hold short
         line for takeoff.
 
                                                  * * * * * * *
II. * * *
    (c) Crosswind takeoffs,      I, T, U, C.........
     including crosswind
     takeoffs with gusts if
     practicable under the
     existing meteorological,
     airport, and traffic
     conditions.
 
                                                  * * * * * * *
    (f) Night takeoffs. For      I, T, U, C.........
     pilots in transition
     training, this requirement
     may be met during the
     operating experience
     required under Sec.
     121.434 by performing a
     normal takeoff at night
     when a check pilot serving
     as PIC is occupying a
     pilot station.
 
                                                  * * * * * * *
IV. * * *
    (d) Crosswind landing,       I, T, U, C.........
     including crosswind
     landings with gusts if
     practicable under the
     existing meteorological,
     airport, and traffic
     conditions.
 
                                                  * * * * * * *
    (j) Night landings. For      I, T, U, C.........
     pilots in transition
     training, this requirement
     may be met during the
     operating experience
     required under Sec.
     121.434 by performing a
     normal landing at night
     when a check pilot serving
     as PIC is occupying a
     pilot station.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
33. Amend Appendix F to part 121 by:
0
a. Revising paragraph I.(c) and (d) in the table;
0
b. Revising paragraph II.(c)(2) in the table;
0
c. Revising paragraph V.(c) and the text in the row beneath paragraph 
V.(d)(2) in the table.
    The revisions read as follows:

Appendix F to Part 121--Proficiency Check Requirements

* * * * *

 
                                                  * * * * * * *
I. * * *
    (c) Taxiing. This maneuver includes the           ..........          B
     following: (1) Taxiing, sailing, or docking
     procedures in compliance with instructions
     issued by ATC or by the person conducting the
     check. (2) Use of airport diagram (surface
     movement chart). (3) Obtaining appropriate
     clearance before crossing or entering active
     runways. (4) Observation of all surface
     movement guidance control markings and
     lighting. SIC proficiency checks for a type
     rating must include taxiing. However, other SIC
     proficiency checks need only include taxiing to
     the extent practical from the seat position
     assigned to the SIC............................
    (d) Pre-takeoff procedures that include           ..........  ..........          B
     powerplant checks, receipt of takeoff clearance
     and confirmation of aircraft location, and FMS
     entry (if appropriate), for departure runway
     prior to crossing hold short line for takeoff..
 
                                                  * * * * * * *
II. * * *
    (c) Crosswind. One crosswind takeoff with gusts,  ..........         B*
     if practicable, under the existing
     meteorological, airport, and traffic conditions
 
                                                  * * * * * * *
V. * * *

[[Page 51430]]

 
    (c) Crosswind landing with gusts, if practicable  ..........         B*
     under existing meteorological, airport, and
     traffic conditions.............................
    (d) * * *.......................................
Notwithstanding the requirements of subparagraphs
 (d)(1) and (2) of this paragraph, for an SIC
 proficiency check, except for an SIC proficiency
 check for a type rating, the simulated loss of
 power may be only the most critical powerplant. In
 addition, a PIC may omit the maneuver required by
 subparagraph (d)(1) or (d)(2) of this paragraph
 during a required proficiency check or FFS course
 of training if the PIC satisfactorily performed
 that maneuver during the preceding proficiency
 check, or during the preceding approved FFS course
 of training under the observation of a check pilot,
 whichever was completed later.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
34. In appendix H to part 121 amend the section Advanced Simulation 
Training Program by revising the introductory text and paragraphs 3., 
4., 5., and 6. o read as follows:

Appendix H to Part 121--Advanced Simulation

Advanced Simulation Training Program

    For a certificate holder to conduct Level C or D training under 
this appendix, all required FFS instruction and checks must be 
conducted under an advanced simulation training program approved by 
the Administrator for the certificate holder. This program must also 
ensure that all instructors, check pilots, and check flight 
engineers used in Appendix H training and checking are highly 
qualified to provide the training required in the training program. 
The advanced simulation training program must include the following:
* * * * *
    3. Documentation that each instructor and check pilot has served 
for at least 1 year in that capacity in a certificate holder's 
approved program or has served for at least 1 year as a pilot in 
command or second in command in an airplane of the group in which 
that pilot is instructing or checking.
    4. A procedure to ensure that each instructor, check pilot, and 
check flight engineer-actively participates in either an approved 
regularly scheduled line flying program as a flightcrew member or an 
approved line observation program in the same airplane type for 
which that person is instructing or checking.
    5. A procedure to ensure that each instructor, check pilot, and 
check flight engineer-is given a minimum of 4 hours of training each 
year to become familiar with the certificate holder's advanced 
simulation training program, or changes to it, and to emphasize 
their respective roles in the program. Training for instructors, 
check pilots, and check flight engineers must include training 
policies and procedures, instruction methods and techniques, 
operation of FFS controls (including environmental and trouble 
panels), limitations of the FFS, and minimum equipment required for 
each course of training.
    6. A special Line-Oriented Flight Training (LOFT) program to 
facilitate the transition from the FFS to line flying. This LOFT 
program must consist of at least a 4-hour course of training for 
each flightcrew. It also must contain at least two representative 
flight segments of the certificate holder's operations. One of the 
flight segments must contain strictly normal operating procedures 
from pushback at one airport to arrival at another. Another flight 
segment must contain training in appropriate abnormal and emergency 
flight operations. The LOFT must provide an opportunity for the 
pilot to demonstrate workload management and pilot monitoring 
skills.
* * * * *

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

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

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).


0
36. Amend Sec.  135.3 by revising paragraphs (d)(1) and (2) to read as 
follows:


Sec.  135.3   Rules applicable to operations subject to this part.

* * * * *
    (d) * * *
    (1) Upgrade training. (i) Each certificate holder must include in 
upgrade ground training for pilots, instruction in at least the 
subjects identified in Sec.  121.419(a) of this chapter, as applicable 
to their assigned duties; and, for pilots serving in crews of two or 
more pilots, instruction and facilitated discussion in the subjects 
identified in Sec.  121.419(c) of this chapter.
    (ii) Each certificate holder must include in upgrade flight 
training for pilots, flight training for the maneuvers and procedures 
required in Sec.  121.424(a), (c), (e), and (f) of this chapter; and, 
for pilots serving in crews of two or more pilots, the flight training 
required in Sec.  121.424(b) of this chapter.
    (2) Initial and recurrent leadership and command and mentoring 
training. Certificate holders are not required to include leadership 
and command training in Sec. Sec.  121.409(b)(2)(ii)(F), 121.419(c)(1), 
121.424(b) and 121.427(d)(1) of this chapter and mentoring training in 
Sec. Sec.  121.419(c)(2) and 121.427(d)(1) of this chapter in initial 
and recurrent training for pilots in command who serve in operations 
that use only one pilot.
* * * * *

0
37. Revise Sec.  135.113 to read as follows:


Sec.  135.113  Passenger occupancy of pilot seat.

    No certificate holder may operate an aircraft type certificated 
after October 15, 1971, that has a passenger seating configuration, 
excluding any pilot seat, of more than eight seats if any person other 
than the pilot in command, a second in command, a company check pilot, 
or an authorized representative of the Administrator, the National 
Transportation Safety Board, or the United States Postal Service 
occupies a pilot seat.

0
38. Amend Sec.  135.297 by revising paragraph (c)(2) to read as 
follows:


Sec.  135.297  Pilot in command: Instrument proficiency check 
requirements.

* * * * *
    (c) * * *
    (2) The instrument proficiency check must be given by an authorized 
check pilot or by the Administrator.
* * * * *

0
39. Amend Sec.  135.321 by revising paragraph (a)(2) to read as 
follows:


Sec.  135.321  Applicability and terms used.

    (a) * * *
    (2) Each certificate holder for establishing and maintaining an 
approved training program for crewmembers, check pilots and 
instructors, and other operations personnel employed or used by that 
certificate holder; and
* * * * *

0
40. Amend Sec.  135.323 by revising paragraphs (a)(1) and (4), and (c) 
to read as follows:

[[Page 51431]]

Sec.  135.323   Training program: General.

    (a) * * *
    (1) Establish and implement a training program that satisfies the 
requirements of this subpart and that ensures that each crewmember, 
aircraft dispatcher, flight instructor, and check pilot is adequately 
trained to perform his or her assigned duties. Prior to implementation, 
the certificate holder must obtain initial and final FAA approval of 
the training program.
* * * * *
    (4) Provide enough flight instructors, check pilots, and FSTD 
instructors to conduct required flight training and flight checks and 
FSTD training courses allowed under this subpart.
* * * * *
    (c) Each instructor, supervisor, or check pilot who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this part 
shall certify as to the proficiency and knowledge of the crewmember, 
flight instructor, or check pilot concerned upon completion of that 
training or check. That certification shall be made a part of the 
crewmember's record. When the certification required by this paragraph 
is made by an entry in a computerized recordkeeping system, the 
certifying instructor, supervisor, or check pilot, must be identified 
with that entry. However, the signature of the certifying instructor, 
supervisor, or check pilot is not required for computerized entries.
* * * * *

0
41. Amend Sec.  135.324 by revising paragraph (b)(4) to read as 
follows:


Sec.  135.324  Training program: Special rules.

* * * * *
    (b) * * *
    (4) Has sufficient instructor and check pilots qualified under the 
applicable requirements of Sec. Sec.  135.337 through 135.340 to 
provide training, testing, and checking to persons subject to the 
requirements of this subpart.

0
42. Revise Sec.  135.337 to read as follows:


Sec.  135.337  Qualifications: Check pilots.

    (a) For the purposes of this part:
    (1) A check pilot (aircraft) is a person who is qualified to 
conduct flight checks in an aircraft for a particular type aircraft.
    (2) A check-pilot (FSTD) is a person who is qualified to conduct 
flight checks only in an FSTD for a particular type aircraft.
    (3) Check pilots are those persons who perform the functions 
described in Sec. Sec.  135.321(a) and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person 
serve as a check pilot in a training program established under this 
subpart unless, with respect to the aircraft type involved, that 
person--
    (1) Holds the pilot certificates and ratings required to serve as a 
pilot in command in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the aircraft, including recurrent training, that are required to 
serve as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec.  135.339;
    (5) Has been approved by the Administrator for the check pilot 
duties involved.
    (c) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) of this section, as applicable, shall be entered in the 
individual's training record maintained by the certificate holder.
    (d) A check pilot (FSTD) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any check-pilot duty in an FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check pilot duty in an FSTD.
    (e) The flight segments or line-observation program required in 
paragraph (d) of this section are considered to be completed in the 
month required if completed in the calendar month before or the 
calendar month after the month in which they are due.
    (f) A person who serves as a required flightcrew member while 
performing check pilot duties must also meet the requirements of this 
chapter for the duty position in which they are serving.

0
43. Revise Sec.  135.338 to read as follows:


Sec.  135.338   Qualifications: Flight instructors.

    (a) For the purposes of this part:
    (1) A flight instructor (aircraft) is a person who is qualified to 
instruct in an aircraft for a particular type, class, or category 
aircraft.
    (2) A flight instructor (FSTD) is a person who is qualified to 
instruct only in an FSTD for a particular type, class, or category 
aircraft.
    (3) Flight instructors are those instructors who perform the 
functions described in Sec. Sec.  135.321(a) and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person 
serve as a flight instructor in a training program established under 
this subpart unless, with respect to the type, class, or category 
aircraft involved, that person--
    (1) Holds the pilot certificates and ratings required to serve as a 
pilot in command in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases 
for the aircraft, including recurrent training, that are required to 
serve as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec.  135.340.
    (c) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) of this section shall be entered in the individual's training 
record maintained by the certificate holder.
    (d) A flight instructor (FSTD) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any flight instructor duty in an 
FSTD; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program preceding the performance 
of any flight instructor duty in an FSTD.
    (e) The flight segments or line-observation program required in 
paragraph (d) of this section are considered completed in the month 
required if completed in the calendar month before, or in the calendar 
month after, the month in which they are due.
    (f) A person who serves as a required flightcrew member while 
performing flight instructor duties must also meet the requirements of 
this chapter for the duty position in which they are serving.

0
44. Amend Sec.  135.339 by revising paragraphs (a) introductory text, 
(a)(1), (c) introductory text, (c)(1), (d), (e) introductory text and 
(g) introductory text to read as follows:


Sec.  135.339  Initial and transition training and checking: Check 
pilots.

    (a) No certificate holder may use a person nor may any person serve 
as a check pilot unless--

[[Page 51432]]

    (1) That person has satisfactorily completed initial or transition 
check pilot training; and
* * * * *
    (c) The initial ground training for check pilots must include the 
following:
    (1) Check pilot duties, functions, and responsibilities.
* * * * *
    (d) The transition ground training for check pilots must include 
the approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
aircraft to which the check pilot is in transition.
    (e) The initial and transition flight training for check pilots 
(aircraft) must include the following--
* * * * *
    (g) The initial and transition flight training for check pilots 
(FSTD) must include the following:
* * * * *

0
45. Amend Sec.  135.340 by revising paragraph (a)(2) and paragraph (g) 
introductory text to read as follows:


Sec.  135.340   Initial and transition training and checking: Flight 
instructors.

    (a) * * *
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check pilot, or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device.
* * * * *
    (g) The initial and transition flight training for a flight 
instructor (FSTD) must include the following:
* * * * *
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a)(5), 
and 44705 in Washington, DC.

Michael Gordon Whitaker,
Administrator, Federal Aviation Administration.
[FR Doc. 2024-12621 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-13-P