[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Pages 30734-30746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14084]
[[Page 30733]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 121 and 135
Check Airmen and Flight Instructors, Training and Qualification
Requirements; Final Rule
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 /
Rules and Regulations
[[Page 30734]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121 and 135
[Docket No. 28471; Amendment No. 121-257, 135-64]
RIN 2120-AF08
Training and Qualification Requirements for Check Airmen and
Flight Instructors
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; opportunity for comment.
-----------------------------------------------------------------------
SUMMARY: Some experienced pilots who would otherwise qualify as flight
instructors or check airmen but who are not medically eligible to hold
the requisite medical certificates, cannot perform flight instructor or
check airmen functions even in simulators. This rule establishes
separate requirements for check airmen who check only in flight
simulators and flight instructors who instruct only in flight
simulators. To ensure an equivalent level of safety, the affected check
airmen and flight instructors must accomplish the following: Recency of
experience requirements; completion of an approved line observation
program within each 12-month period; and required training, including
recurrent ground and flight training. Additionally, this rule allows
check airman and flight instructors to obtain all of their flight
training in simulators, as opposed to the current scheme in which
initial and transition flight training must include an in-flight
element.
EFFECTIVE DATE: This final rule is effective June 17, 1996. See below
in the ``Modifications'' section for the justification for making this
rule effective on June 17, 1996 and for a discussion about 9-month
compliance dates for two new requirements. Affected parties do not have
to comply with the information collection requirements in
Secs. 121.411(d), 121.412(d), 135.337 (d), and 135.338(d) until the
Federal Aviation Administration publishes in the Federal Register the
control number assigned by the Office of Management and Budget (OBM) to
these information collection requirements. Publication of the control
number notifies the public that OMB has approved these information
requirements under the Paperwork Reduction Act of 1995.
FOR FURTHER INFORMATION CONTACT:
Tom Toula, Air Carrier Training Branch, (AFS-210), Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20519, Telephone (202) 267-3718.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
Any person may obtain a copy of this final rule by submitting 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. Communications must identify the notice number
of this final rule.
Persons interested in being placed on the mailing list for future
rules should request from the above office a copy of Advisory Circular
No. 11-2A which describes the application procedure.
Background
The requirements for training, checking, and qualification of check
airmen and flight instructors who perform training and checking for
certificate holders operating under Title 14 of the Code of Federal
Regulations parts 121 and 135 appear in Secs. 121.411 and 135.337
(check airman and flight instructor qualification) and Secs. 121.413
and 135.339 (check airman and flight instructor training and checking).
When parts 121 and 135 were implemented, the primary means of
training was in an aircraft. Therefore there was a requirement for
check airmen and flight instructors to hold appropriate medical
certificates. Even after flight simulators came into use in the late
1970s, check airmen and flight instructors were likely to use both
aircraft and flight simulators. Despite significant changes in methods
of training, particularly an increased use of flight simulation in
training, the sections of parts 121 and 135 mentioned above have not
been significantly revised in over 20 years. These sections still focus
primarily on check airmen and flight instructors who perform their
functions in airplanes.
Today, flight simulators and flight training devices are so
sophisticated that they are used to conduct most training and checking
with significant benefits to safety. Training and checking in
simulators and flight training devices have distinct advantages over
training and checking in flight. Flight simulators provide a safe
flight training environment, more comprehensive training, and may
reduce the number of training and in-service accidents by allowing
training for emergency situations that cannot be safely conducted in
flight. The use of flight simulators and flight training devices in
lieu of aircraft has resulted in a reduction in air traffic congestion,
energy use, noise, air pollution and training costs.
Some experienced pilots who would otherwise qualify as flight
instructors or check airmen but who are not medically eligible to hold
the requisite medical certificates, cannot perform check airmen
functions or many flight instructor functions even in simulators. Thus
the regulations do not establish separate categories of requirements
for check airmen who check only in flight simulators or for flight
instructors who instruct only in flight simulators. A number of highly
experienced airmen who might serve as flight instructors or check
airmen, including former military pilots, former air carrier pilots,
and furloughed pilots, as well as other experienced pilots, currently
are unable to perform those training and checking functions because
they are unable to hold an airman medical certificate.
This rule allows experienced check airmen and flight instructors
who are not able to hold a current medical certificate to check or
instruct in flight simulators and flight training devices. Under this
rule, affected check airmen and flight instructors must meet similar
requirements that a pilot flying the line is required to meet, such as
initial training, proficiency checks, and competency checks and could
use flight simulators to meet these similar requirements. This rule
also addresses check airmen in aircraft, check airmen in flight
simulators or flight training devices, flight instructors in aircraft,
and flight instructors in flight simulators or flight training devices.
The Air Carrier Training Working Group of the Aviation Rulemaking
Advisory Committee (ARAC) recommended that the FAA amend its
regulations so that airmen who were not eligible to hold medical
certificates would nonetheless be eligible to instruct or check pilots
and other airmen in simulators. On July 16, 1992, ARAC forwarded draft
rule language for the FAA to review. The FAA used ARAC's draft as the
basis for developing this rule.
Discussion of the Rule
This rule revises the following sections of parts 121 and 135:
Secs. 121.411, 121.413, 135.337, and 135.339; it adds the following
four new sections: Secs. 121.412, 121.414, 135.338, and 135.340.
The most significant changes between the current and new rules are
as follows:
(1) The categories of check airman (simulator) and flight
instructor
[[Page 30735]]
(simulator) are defined with separate requirements for each.
(2) The following requirements for flights instructors and check
airmen who only perform check airmen and instructor functions in flight
simulators and flight training devices are deleted:
The requirement to hold at least a Class III medical
certificate, in current Sec. 121.411(a)(6).
The requirement to hold a Class I, II, or III medical
certificate, in current Sec. 135.337(a).
(3) A flight instructor (simulator) or check airman (simulator) is
required to meet recency of experience requirements, in the 12-month
period preceding the performance of flight instruction or check airman
functions, by flying two flight segments as a required crewmember for
the type aircraft involved, if medically qualified and certificated, or
by completing an approved line-observation program.
(4) Training requirements for check airmen and flight instructors
who serve in training programs under parts 121 and 135 are in
Secs. 121.413, 121.414, 135.339, and 135.340. This rule changes these
requirements in the following ways:
A new requirement is imposed for check airmen and flight
instructors in that they must satisfactorily complete, within the
preceding 24 calendar months, an observation check of their check
airman or flight instructor functions. This check may be accomplished
in a flight simulator or in a flight training device as appropriate.
Flight instructors are required to have much of the same
ground training requirements as check airmen. As a practical matter,
ground training for flight instructors and check airmen are the same;
however, the current rules are not specific in this area. This change
ensures that flight instructors and check airmen receive the same
ground training.
Currently, initial and transitional flight training for
check airmen and flight instructors who perform their functions in-
flight requires in-flight training and practice. This rule allows this
training to take place in simulators or in flight training devices.
These changes allow certain experienced pilots who are unable to
meet current medical certificate requirements to be able to check and
instruct, but only in flight simulator and flight training devices. To
allow this flexibility while maintaining safety, this rule requires
flight instructors (simulator) and check airmen (simulator) to meet
recency of experience requirements, take observation checks of their
check airmen/instructor abilities once every 2 years, complete the
required recurrent training necessary to serve as a pilot-in-command
under parts 121 and 135 or a flight engineer or flight navigator under
part 121, and complete required proficiency or competency checks. A
detailed section-by-section description of the rule follows.
Section-by-Section Analysis
Section 121.411 Qualifications: Check airmen (airplane) and check
airmen (simulator).
Current Sec. 121.411(a)(1) requires that a flight instructor or
check airman who serves in a training program under part 121, for the
particular airplane type involved, hold the airman certificates and
ratings that must be held in order to serve as a pilot in command
(PIC), a flight engineer, or a flight navigator, as appropriate, in
operations under part 121. Current Sec. 121.411 (a)(6) requires that a
check airman or flight instructor who serves in a training program
under part 121 must hold at least a Class III medical certificate.
Under current Sec. 121.411(b)(1) a simulator instructor, instructing
for a course of training in an airplace simulator as provided in
Sec. 121.409(b), must hold an airline transport pilot (ATP) certificate
but need not hold an airman medical certificate if only giving
proficiency checks as specified in Sec. 121.441 and Sec. 121.409(b).
Under the current rules, if a simulator instructor is providing
instruction for anything other than a proficiency check (e.g., upgrade
training), then he or she must have a medical certificate. (See current
Sec. 121.411(a).)
Section 121.411 is revised to change the applicability from check
airmen and flight instructors to check airmen (airplane) and check
airmen (simulator). Flight instructors are covered under new
Sec. 121.412. New paragraph (a) of Sec. 121.411 states that a check
airman (airplane) is a person who is qualified and permitted to conduct
flight checks and instruction in an airplane, in a flight simulator, or
in a flight training device for a particular type airplane. A check
airman (simulator) is a person who is qualified to conduct flight
checks only in a flight simulator or in a flight training device for a
particular type aircraft.
New paragraph (b) contains the eligibility requirements to serve as
a check airman (airplane). With some editorial revisions and an
additional requirement to satisfy the recency of experience requirement
of Sec. 121.439, the eligibility requirements remain the same as the
current requirements. The recency provision is added to ensure
equivalent recency of experience for those check airmen who may not be
flying line operations.
New paragraph (c) of Sec. 121.411 establishes the eligibility
requirements for check airmen (simulator). These requirements are the
same as those for check airmen (airplane) in paragraph (b) with two
exceptions. There is no requirement to hold a Class III medical
certificate and the recency of experience requirements of
Sec. 121.411(b)(6) are not required of part 121 check airmen
(simulator). Check airmen (simulator) instead are allowed to meet
proposed recency of experience requirements in new paragraph (f),
discussed later in this section. Because check airmen (airplane) are
able to perform their functions in an airplane as a required flightcrew
member, they may meet recency of experience requirements either in an
airplane or in a qualified simulator. In addition, current
Sec. 121.411(c), which grants training relief to check airmen, flight
instructors, and simulator instructors who were designated before
December 22, 1969, is deleted since the FAA believes that this
provision is obsolete.
New paragraph (d) is added to clarify that the completion of the
requirements of (b)(2),(3), and (4) or (c)(2),(3), and (4), whichever
is applicable, must be entered into the operator's records for each
individual check airman.
New paragraph (e) is added to restate the portion of current
Sec. 121.411(a)(6) allowing airmen who have passed their 60th birthday
or who do not hold a medical certificate to perform check airmen
functions, but, under this paragraph, these airmen may not serve as
crewmembers under part 121 operations.
New paragraph (f) is added to offer an alternate method for
maintaining recency of experience requirements for check airmen
(simulator). Under this rule, check airmen (simulator) must, within the
12-month period preceding the performance of check airman duties,
either fly two segments as a required crewmember for the type airplane
or satisfactorily complete an approved line-observation program.
New paragraph (g) is added to provide that the recency of
experience requirements of paragraph (f) may be completed in the
calendar month before or the calendar month after the month in which it
is due.
Section 121.412 Qualifications: Flight instructors (airplane) and
flight instructors (simulator).
The requirements for this section are virtually identical to those
in Sec. 121.411
[[Page 30736]]
for check airmen. Additionally, this section specifies that an
individual who does not hold a medical certificate may not function as
a flight instructor in an airplane.
Section 121.413 Initial and transition training and checking
requirements: Check airmen (airplane) and check airmen (simulator)
Paragraph (a)(1) maintains the current requirement that, in order
to serve as a check airman, a person must have completed initial or
transition check airman training. Additionally, paragraph (a)(2)
requires an observation check of check airman functions within the
preceding 24 calendar months. The observation check may be done in part
or in full in an airplane, in a flight simulator, or in a flight
training device as appropriate. An FAA inspector or an aircrew
designated examiner employed by the operator may administer this
observation check. The FAA believes that the observation check
requirement better ensures that check airmen maintain their
qualifications and their abilities to perform all other duties as
appropriate for check airmen.
In paragraph (b) the observation check requirement of paragraph
(a)(2) could be accomplished in the month before or the month after the
month in which it is due.
Paragraph (c) of this section covers initial ground training
requirements for check airmen. Most of the requirements are in current
paragraphs (a)(1) through (a)(6) of Sec. 121.413; however, some
editorial revisions have been made.
Paragraph (d) covers transition ground training for check airmen.
This paragraph separates transition ground training requirements from
initial ground training requirements, but imposes no new requirements
since transition and ground training are currently required in
Sec. 121.413 (a)(6).
Paragraph (e) is added to cover initial and transition flight
training for pilot check airmen (airplane), flight engineer check
airmen (airplane), and flight navigator check airmen (airplane).
Paragraph (e) contains requirements equivalent to those contained in
current Sec. 121.413(c) and (d), but places greater emphasis on the
safety issues required during checking that takes place under actual
flight. Additionally, it broadens the scope of current Sec. 121.413(c)
to include flight engineers (airplane) and flight navigators
(airplane). The FAA believes that the flight engineer (airplane) and
flight navigator (airplane) safety functions are as important to the
safe conduct of a flight as that of the check airman (airplane).
Paragraph (f) is added to allow all the flight training provisions
of paragraph (e) to be accomplished in full or in part in flight, in
flight simulators, or flight training devices as appropriate. Because
of technological advances in simulation, the FAA believes that the
requirements in current Sec. 121.413(c)(1) may be conducted in a
simulator. Current paragraph (c) allows the initial and transition
flight training in safety measures for emergency situations (current
paragraph (c)(2)) and the results of improper or untimely safety
measures (current paragraph (c)(3)) to be accomplished in an approved
flight simulator, but requires the training requirements of current
paragraph (c)(1) to be conducted in flight. In the new rule, the
requirements of current paragraph (c)(1) are to be codified in
Sec. 121.413(e)(3); however, under new paragraph (f), those
requirements need not be accomplished in flight. Those requirements can
be accomplished in flight, in a flight simulator, or in a flight
training device. The FAA believes that this is appropriate because of
the proven effectiveness of flight simulator training. Flight training
devices can be used to fulfill the training requirements for the same
reasons.
Paragraph (g) is added to establish initial and transition flight
training for check airmen (simulator). The requirements include
training and practice in the required normal, abnormal, and emergency
procedures and training in the operation of flight simulators or flight
training devices. Under this paragraph, the training may be conducted
in flight training devices or flight simulators as appropriate. The
requirements are necessary to establish flight training requirements
specifically for check airmen (simulator) who are qualified to conduct
flight checks or instruction only in a flight simulator or in a flight
training device.
Section 121.414 Initial and transition training and checking
requirements: Flight instructors (airplane) and flight instructors
(simulator)
The requirements for this section are identical to the provisions
in Sec. 121.413 except that the terms and references apply to flight
instructors. The required observation check is an observation check of
instructor functions, and includes the current requirement for training
in teaching methods and procedures except for the holders of a flight
instructor certificate.
Section 135.337 Qualifications: Check airmen (aircraft) and check
airmen (simulator)
Section 135.337(a)(1) currently requires that a flight instructor
or check airman serving in a training program under part 135, for the
particular aircraft type involved, must hold the airman certificate and
ratings that must be held to serve as a PIC in operations under part
135. Section 135.337(a)(5) currently requires that such a flight
instructor or check airman hold a Class I or Class II medical
certificate required to serve as a PIC in operations under part 135.
Under current Sec. 135.337(a)(7), a check airman who serves in an
aircraft simulator only must hold a Class III medical certificate.
Section 135.337(b) currently requires that a person who serves as a
simulator instructor for a course of training in an aircraft simulator
must hold at least a commercial pilot certificate.
This rule changes the applicability of this section from check
airmen and flight instructors to check airmen (aircraft) and check
airmen (simulator). Flight instructors are covered under new
Sec. 135.338. Paragraph (a) of Sec. 135.337 states that a check airman
(aircraft) is a person who is qualified and permitted to conduct flight
checks and instruction in an airplane, in a flight simulator, or in a
flight training device for a particular type, class, or category
aircraft. A check airman (simulator) is qualified to conduct flight
checks only in a flight simulator or in a flight training device for a
particular type, class, or category aircraft.
Paragraph (b) contains the eligibility requirements to serve as a
check airman (aircraft). With some editorial revisions and an
additional requirement to satisfy the recency of experience requirement
of Sec. 135.247, the eligibility requirements remain the same as
current requirements. The recency provision is added to ensure
equivalent recency of experience for those check airmen who may not be
flying line operations.
Paragraph (c) of Sec. 135.337 is added to establish the eligibility
requirements for check airmen (simulator). These requirements are the
same as those for check airmen (aircraft) paragraph (b) with two
exceptions. There is no requirement to hold a medical certificate and
the recency of experience requirements of new Sec. 135.337(b)(3) are
not required of part 135 check airmen (simulator). Check airmen
(simulator) instead are allowed to meet the recency of experience
requirements of paragraph (f), discussed later in this section.
Paragraph (d) is added to clarify that the completion of the
requirements of
[[Page 30737]]
(b)(2), (3), and (4) or (c)(2), (3), (4), whichever is applicable, must
be entered into the individual check airmen's training record.
Paragraph (e) is added to clarify that an airmen who does not hold
a medical certificate may perform check airmen functions, but may not
serve as a crewmember under part 135 operations.
Paragraph (f) is added to offer an alternate method for maintaining
recency of experience requirements for check airmen (simulator). Check
airmen (simulator) must, within the 12-month period preceding the
performance of check airman duties, either fly two segments as a
required crewmember for the type, class, or category aircraft or
satisfactorily complete an approved line-observation program.
Paragraph (g) is added to provide that the recency of experience
requirements of paragraph (f) may be completed in the calendar month
before or in the calendar month after the month in which it is due.
Section 135.338 Qualifications: Flight instructors (aircraft) and
flight instructors (simulator)
The requirements for this section are virtually identical to those
in Sec. 135.337 for check airmen. Additionally, this section clarifies
that an individual who does not hold a medical certificate may not
function as a flight instructor in an aircraft.
Section 135.339 Initial and transition training and checking
requirements: Check airmen (aircraft) and check airmen (simulator)
Paragraph (a)(1) continues the current requirement that, in order
to serve as a check airman, a person must have completed initial or
transition check airman training. Additionally, paragraph (a)(2)
requires an observation check of check airman functions within the
preceding 24 calendar months. The observation check may be done in part
or in full in an airplane, flight simulator, or flight training device
as appropriate. An FAA inspector or an aircrew designated examiner
employed by the operator may administer the observation check. The FAA
believes that the observation check requirement better ensures that
check airmen maintain their qualifications and their abilities to
perform all other duties as appropriate for check airmen.
In paragraph (b) the observation check requirement of paragraph
(a)(2) may be accomplished in the month before or the month after the
month in which it is due.
Paragraph (c) of this section covers initial ground training
requirements for check airmen. Most of the requirements are in current
paragraphs (a)(1) through (a)(6) of Sec. 135.339. Some editorial
revisions are made in this rule.
Paragraph (d) is added to cover transition ground training for
check airmen. This paragraph separates transition ground training
requirements from initial ground training requirements, but imposes no
new requirements since transition and ground training are currently
required in Sec. 135.339(a)(6).
Paragraph (e) is added to cover initial and transition flight
training for pilot check airmen (aircraft). Paragraph (e) contains
requirements equivalent to those contained in current Sec. 135.339(c),
but places greater emphasis on the safety issues required during
checking that would take place under actual flight.
Paragraph (f) is added to allow all the flight training provisions
of paragraph (e) to be accomplished in full or in part in flight, in
flight simulators, or in flight training devices as appropriate. This
makes the requirements in current Sec. 135.339(c)(1) less burdensome.
Current Sec. 135.339(c) allows the initial and transition flight
training in safety measures for emergency situations (current paragraph
(c)(2)) and the results of improper or untimely safety measures
(current paragraph (c)(3)) to be accomplished in an approved flight
simulator, but requires the training requirements of (c)(1) to be
conducted in flight. In the new rule, the requirements of current
(c)(1) are to be codified in Sec. 135.339(e); however, under new
paragraph (f), those requirements need not be accomplished in flight.
Those requirements can be accomplished in flight, in a flight
simulator, or in a flight training device. The FAA believes that this
is appropriate because of the proven effectiveness of flight simulator
training. Flight training devices also can be used to fulfill the
training requirements for the same reasons.
Paragraph (g) is added to establish initial and transition flight
training for check airmen (simulator). The requirements include
training and practice in the required normal, abnormal, and emergency
procedures and training in the operation of flight simulators or flight
training devices. Under this paragraph, the training may be conducted
in flight training devices or flight simulators as appropriate. The
requirements are necessary to establish flight training requirements
specifically for check airmen (simulator) who are qualified to conduct
flight checks or instruction only in a flight simulator or in a flight
training device.
Section 135.340 Initial and transition training and checking
requirements: Flight instructors (aircraft) and flight instructors
(simulator).
The requirements of this section are identical to the provisions of
Sec. 135.339 except that the terms and references apply to flight
instructors. The required observation check is an observation check of
instructor functions, and paragraph (c)(7) is added to include the
current requirement for training in teaching methods and procedures
except for the holders of a flight instructor certificate.
Discussion of Comments
On February 22, 1996, the FAA published notice proposing to allow
experienced check airmen and flight instructors who are not able to
hold a current medical certificate to check or instruct in flight
simulators and flight training devices (61 FR 6903). Eleven commenters
responded to the proposal. Commenters from FlightSafety International,
the National Air Transportation Association, Executive Air Fleet, Inc.,
Million Air, and McDonnell Douglas support this final rule. Commenters
from Petroleum Helicopters, Inc., (PHI), the Allied Pilots Association
(APA), the Air Line Pilots Association (ALPA), the Air Transport
Association (ATA), Federal Express (FedEx), and Kitty Hawk AirCargo,
Inc., (KHAI) made several recommendations, discussed and responded to
below.
PHI
PHI states that it generally supports the proposal to change
Sec. 135.339(a)(2) to require an observation check of check airmen
functions within the preceding 24 calendar months. However, it requests
that a statement be added to the rule language that would further
clarify who may conduct this observation check other than an FAA
inspector. It suggests that this check should be allowed to be
conducted by other ``designated check airmen.''
PHI also generally supports proposed Sec. 135.340 which requires
flight instructors to have the same training as check airmen. It
suggests adding language to the rule, however, to enable operators to
designate limited instructor capability for the purpose of training
specific modules, for example, navigation equipment, air data
computers, or other specialized equipment or operations.
FAA Response: The FAA agrees, in part, with PHI's comment regarding
clarification of who, other than an FAA inspector, may conduct an
observation check. To clarify this matter, the FAA
[[Page 30738]]
has changed ``aircrew designated examiner'' to ``aircrew designated
examiner employed by the operator'' under Secs. 121.413(a)(2) and
135.339(a)(2). This clarifies that such examiners are associated with a
particular operator. The FAA does not recognize the term ``designated
check airmen'' as suggested by the commenter. The FAA does not agree
that check airmen should conduct observation checks of other check
airmen. The FAA has determined that such authority should be exercised
only by FAA inspectors or an FAA designated aircrew examiner employed
by the operator.
In reference to PHI's comment regarding proposed Sec. 135.340, this
rule was not intended to create limited categories of instructors. To
create categories of instructors with limited authority is beyond the
scope of the NPRM.
APA
APA's comments are described as follows:
The proposal does not address any experience requirements other
than the requirement to hold the appropriate airmen certificates and
ratings that are required to serve as PIC for the type aircraft
involved. Check airmen under the current regulations are usually
operationally experienced line pilots who bring extensive line flying
background to the training environment. Under the proposed rule, any
individual with the proposed airmen certificates and ratings, with some
classroom and simulator training, could be a designated check airman.
In today's cost conscious training environment, with extensive use of
single visit training cycles, the need to use operationally experienced
individuals as check airmen is essential to maintain an effective
training environment and operational evaluation standard. Operational
experience requirements should include a defined number of PIC hours in
the type aircraft and regulatory environment (i.e., part 121 or 135)
involved and/or prior qualification as a former military, air carrier,
or furloughed pilot.
FAA Response: It is possible that, under this rule, any individual
with airmen certificates and ratings, with the appropriate classroom
and simulator training, could become a designated check airman. Check
airmen (simulator), however, must accomplish the following: Complete
the operator's course of instruction (initial, transition, or upgrade,
as appropriate) to include the proficiency check using company
procedures; regularly participate in an approved line-observation
program; maintain recency of experience in the simulator; and
accomplish the normal recurring training, line-oriented flight training
program, and periodic proficiency checks required of a line-qualified
PIC. These requirements are similar to those that line-qualified PIC's
must meet. The FAA has determined that certain simulators (Levels C and
D) are so advanced that experience gained using these simulators,
coupled with the line observation (e.g. Sec. 121.411(f)), recurrency
requirements (e.g., Sec. 121.411(c)(2)) and (3)), and observation check
(e.g., Sec. 121.413(a)(2)) are adequate substitutes for actual flight
experience in order to be check airmen. Further, the airman checked by
the check airman (simulator) must accomplish operational experience
(e.g., Sec. 121.434 (c)(1)(i) and (ii)) under the supervision of a
fully qualified PIC check airman (airplane) occupying a pilot station.
Thus, even a check airman (simulator's) approval of an airman is
indirectly reviewed by a check airman (airplane) during the acquisition
of operating experience.
APA also comments that, while the preamble indicates that the
recency of experience requirements for check airmen (simulator) and
flight instructor (simulator) can be met by flying two flight segments
as a required crewmember for the aircraft type involved, the proposed
rule language of Secs. 121.411(f) and 135.337(f) states that the
recency of experience flying requirements of two flight segments can be
accomplished in a simulator. APA believes that recency of experience
requirements can be met only by operational line flying. The
requirements for these flights should include participation/observation
in all aspects of the flight, including flight planning, preflight, and
post flight functions. ALPA echoed APA's comment regarding
Sec. 121.411(f) and FedEx commented that, if proposed Secs. 121.411(f)
and 121.412(f) are adopted, then similar requirements in appendix H
should be deleted.
FAA Response: The FAA has revised the preamble and also proposed
Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f) to clarify
that recency of experience requirements can be met either in an
airplane or in a simulator (that is, by accomplishing two flight
segments or an approved line-observation program). The FAA also has
revised all of these sections to clarify the time period in which these
flight segments or line-observation programs must be accomplished. For
the reasons stated in the FAA's response to APA's comment above, all
experience requirements, both initial and recurrent, can be met in an
appropriately qualified simulator.
APA also proposes that the new requirement for check airmen and
flight instructors to complete an observation check of their
performance functions within the preceding 24 months should be
increased in frequency to within the preceding 12 months. Flightcrew
members are being evaluated at a minimum of at least every 12 months.
ALPA echoes APA on this matter. In line with the ``one level of
safety'' concept, according to APA, the rule ultimately adopted should
be identical for both part 121 and part 135 operators.
FAA Response: The evaluation timeframe for check airmen and flight
instructors will not be less than that required for the individuals
they will check or instruct. Check airmen and flight instructors
continue to be required to complete appropriate proficiency and
competency checks at least once every 12 months. The new requirement
that check airmen and flight instructors be observed in the performance
of their functions will serve to increase the quality assurance of
check airmen and flight instructors.
ALPA
As discussed above, ALPA agrees with APA that the observation
checks proposed under Secs. 121.413(a)(2) and 121.414(a)(2) should be
conducted within 12, rather than 24, months. ALPA and APA further agree
that 121.411(f), as proposed, would require the accomplishment of
flying or line observation in a flight simulator. The FAA has responded
to these comments above under the discussion of APA's comments.
In addition, ALPA feels that line observation should be required in
the airplane on a more frequent basis than proposed. According to ALPA,
the requirement in Secs. 121.411(f) and 121.412(f) for 12 months should
be changed to 3 months. Lastly, ALPA indicates that its comments
regarding the proposed part 121 sections are also valid for the
proposed part 135 sections.
FAA Response: The FAA agrees that any individual will maintain
greater line familiarity with more frequent line observations. Current
guidance indicates that two line observations per year are adequate to
maintain line familiarity. There is no evidence that safety has been
compromised using this current guidance. The FAA believes that annual
proficiency or competency checks, and the new 24-month observation
requirement coupled with the new annual line observation requirement,
exceed the current
[[Page 30739]]
guidance of two line observations per year.
The FAA acknowledges that ALPA's comments regarding pertinent part
121 sections are intended to apply to parallel part 135 sections and
has responded appropriately. As discussed above under APA's comments,
the FAA has revised proposed Secs. 121.411(f) and 121.412(f) to
parallel proposed Sec. 135.337(f).
ATA
ATA suggests that the preamble language of proposed
Sec. 121.411(b)(6) be made more clear. As drafted, it is unclear to ATA
whether the FAA intends that the check airmen must complete the three
takeoffs and landings in an airplane or whether a simulator may be used
to satisfy this requirement as allowed under existing Sec. 121.439.
FAA Response: Because check airmen (airplane) are able to perform
their functions in an airplane as a required flightcrew member, they
may meet recency of experience requirements either in an airplane or in
a qualified simulator. However, if a check airman (airplane) is a
required flightcrew member, actual in-flight recency experience is
required pursuant to Sec. 121.439(c).
ATA also believes that proposed Sec. 121.412(c)(1) contains a
significant change because it requires simulator-only instructors to
hold an ATP with a type rating in the airplane in which they will
instruct. This change is not explained in the preamble. In a second set
of comments which were filed after the comment period closed, ATA
stated that many of its member airlines employ hundreds of ``simulator
only'' instructors who do not hold type ratings on the airplane on
which they instruct. ATA feels that the impact of this rule would be
``severe'' on its members. Therefore, ATA recommends the following:
--Allow current ``simulator only'' instructors to continue instructing
without a type rating but require a type rating when an instructor is
trained on another airplane type;
--Allow sufficient time (i.e., 3 years) for an operator's instructor to
obtain a type rating and make it clear that a medical certificate is
not required to take a flight test in a simulator; or
--Allow a ``simulator only'' instructor to be issued a type rating upon
successful completion of the next recurrent training so that additional
training would not have to be provided in preparation for a type rating
flight test.
FAA Response: Current Sec. 121.411(b) references simulator
instructors. Simulator instructors were individuals who could instruct
flightcrew members maintaining airplane qualification but who were
unable to instruct those flightcrew members training under an initial,
upgrade, or transition training program. These simulator instructors
were required to hold an ATP but not a type rating in the type airplane
in which they instructed so long as they were only giving proficiency
instruction. ATA states that simulator instructors holding an ATP but
not a type rating for the airplane in which they instructed could not
obtain the required type rating in a level C simulator.
Under this final rule, simulator instructors are included under the
category of flight instructors (simulator). Flight instructors
(simulator) are required to obtain a type rating for the airplane in
which they instruct. Any individual may use an approved simulator to
satisfy the practical test requirements for an ATP and associated type
rating in accordance with current Sec. 61.157(e). Those individuals who
hold an ATP but not the type rating in the airplane in which they
provide proficiency instruction will have 9 months to come into
compliance with the new requirement by obtaining the aircraft type
rating. (See new 121.412(c)(1)). The new part 121 rule recodifies the
existing part 121 requirement that if a simulator instructor is
providing initial training, upgrade training, or transitional training,
then he or she must have a type rating for the aircraft. Because this
is a recodification of the part 121 existing requirement, ongoing
compliance is required. In other words, any part 121 flight instructor
(simulator) who provides initial, upgrade, or transitional training
must continue to have the appropriate type rating for the aircraft
involved. In contrast, current Sec. 135.337(b) does not require that a
simulator instructor have the appropriate type ratings. Therefore new
Sec. 135.338(c)(1) allows flight instructors (simulator) 9 months to
come into compliance with the new type rating requirements.
Despite ATA's assertion, in its untimely comment, that it would
take two of its members several years to type rate all of their
``simulator only'' instructors, ATA did not provide any data to support
its claim (e.g., number of persons affected, availability of
simulators, etc.) Furthermore, ATA states in its April 19 comment that
these instructors have completed aircraft qualification courses and
recurrent training. Thus, the time required for these individuals to
obtain type ratings will be minimal.
FedEx and ATA
FedEx and ATA recommend deleting current Sec. 121.411(a)(6) and
proposed Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e).
According to these commenters, existing part 61 and Sec. 121.383
adequately address medical certificate and age requirements and the FAA
should merely reference these existing requirements in the preamble of
this final rule. Regarding Secs. 121.411(e) and 121.412(e), the KHAI
commenter agrees with ATA and FedEx that these sections should be
deleted due to redundancy with existing Sec. 121.383. ATA and FedEx
further request that the FAA make it clear that the requirement for a
Class III medical certificate in Sec. 61.39 does not apply if the
applicant for a type rating uses a flight simulator.
FAA response: The FAA concurs with ATA that proposed
Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e) may echo
provisions contained elsewhere in the regulations; however, the intent
of these proposed sections is to clarify medical requirements for the
airplane and simulator categories of check airmen and flight
instructors.
The provisions of Sec. 61.39, which cover flight tests, do not
apply to this rulemaking. The medical requirement provision of
Sec. 61.39(a)(3) was adopted to ensure that applicants who would take
their flight tests in an aircraft hold appropriate medical
certificates. There is no requirement for applicants to hold a medical
certificate for practical tests conducted in a simulator. Section
61.157 provides for adding type ratings to existing ATP's. The addition
of a type rating is accomplished under Sec. 61.157 by a practical test
for which no medical certificate is required.
KHAI
KHAI's comments are described as follows:
The recordkeeping requirements of proposed Sec. 121.411(c) and (d),
requiring that records for a check airman be maintained as for any
other pilot, are redundant and not necessary unless the check airman is
not employed as a pilot for the certificate holder.
FAA Response: The FAA agrees with the commenter to the extent that
check airmen and flight instructors who are line qualified flightcrew
members for the operator need not duplicate the recordkeeping
requirements of Sec. 121.411. This final rule recognizes check airmen
and instructors who may not be line qualified and requires such
individuals to maintain similar training
[[Page 30740]]
records as those individuals who are line qualified.
Further, according to KHAI, the observation check requirement in
proposed Sec. 121.413(a)(2) is burdensome. Since it is now very
difficult to schedule an FAA inspector to conduct checks, KHAI believes
that this proposed observation check requirement will add an
unnecessary burden of additional tracking and scheduling and
accomplishes little in the way of verifying the competency of a check
airmen.
FAA Response: The FAA places importance on the role of check airmen
and flight instructors. The 24-month observation is a new requirement
and will serve to increase the quality assurance of check airmen and
flight instructors. This final rule permits qualified aircrew
designated examiners employed by the operator to conduct the
observation. The addition of aircrew designated examiners employed by
the operator to conduct the observation check should relieve any
unnecessary burden for tracking and scheduling.
The commenter from KHAI states that there is an apparent
discrepancy in the initial and transition training requirements for
flight instructors as proposed in Sec. 121.414 (c)(7) and for check
airmen as proposed in Sec. 121.413 (c)(6).
FAA Response: Generally, before an individual becomes a check
airman, those individuals are first qualified as flight instructors.
The training requirements for flight instructors are prerequisite to
the training requirements for check airmen.
KHAI comments that, unlike the new Sec. 121.434 regulation, this
regulation does not specifically address line check airmen.
FAA Response: This final rule addresses check airmen as a broad
category. Other specific categories of check airmen (i.e., line check
airmen, proficiency check airmen, etc.) also were not mentioned. It was
not the intent of this rule to address specific categories of check
airmen beyond check airmen (airplane) and check airmen (simulator).
Lastly, KHAI states that, in the future, more input is needed from
part 121 operators before this type of rule is issued, that comment
periods should be longer, and that a review of FAA Order 8400.10 should
be conducted.
FAA Response: As indicated in the preamble discussion above, the
FAA used draft rule language developed by the Air Carrier Training
Working Group of ARAC as the basis for developing this proposal. This
working group was comprised of many part 121 operators.
In allotting the 30-day comment period, the FAA was responding to
requests for relief from the aviation industry.
Because FAA Orders are guidance material and not regulatory, they
are reviewed and updated to coincide with regulatory requirements, when
warranted.
Modifications
The following modifications have been made to the final rule:
--``Aircrew designated examiner'' has been expanded to ``aircrew
designated examiner employed by the operator'' under proposed
Secs. 121.413(a)(2) and 135.339(a)(2), to further clarify who, other
than an FAA inspector, may conduct an observation check.
--Proposed Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f)
have been revised to make them clear and parallel. These proposed
sections contain the qualification requirements for check airmen/
simulator and check airmen/airplane.
--Proposed paragraphs (f)(2)(i), (ii), and (iii) have been withdrawn
from the qualifications sections for flight instructors (simulator) and
check airmen (simulator)--Secs. 121.411, 121.412, 135.337, and 135.338.
The FAA has decided to maintain the existing regulatory scheme under
which operators can seek FAA approval for line observation programs.
See Advisory Circular 120-35 as amended.
--Proposed paragraphs (a)(2) of Secs. 121.413, 121.414, 135.339, and
135.340 (simulator) have been revised to allow operators until March
1997 (9 months after the publication date of this rule) to come into
compliance with the new requirement for operators to conduct
observation checks of check airmen and flight instructors once every 24
months.
--Proposed Sec. 121.412(c)(1) has been revised to give part 121
operators and flight instructors (simulator) who currently only provide
proficiency instruction, until March 1997 to obtain a type rating if
they do not already have one.
--Proposed Sec. 135.338(c)(1) has been revised to give part 135
operators and flight instructors (simulator) until March 1997 to obtain
a type rating for the type, class, or category of aircraft in which
they instruct if they do not already have one.
Although not in response to comments, the FAA has also added the
word ``pilot'' in front of ``flightcrew members'' under proposed
paragraphs (e) of Secs. 121.411 and 121.412. This clarification is
necessary because 121.383(c) (the so-called ``Age 60 rule'') only
applies to pilot flightcrew members.
With the above modifications being incorporated, this rule is
adopted as proposed.
The FAA is making this rule effective on the date of its
publication in the Federal Register pursuant to 5 U.S.C. Sections
553(d)(1) and 553(d)(3). Because this new rule eliminates certain
medical certification requirements, it relieves a restriction that used
to exist and thus justifies an immediate change. (See 5 U.S.C. Section
553(d)(1)). Because much of the rest of these rules are merely a
recodification of long-standing rules, good cause exists for making
this recodification effective immediately. (See 5 U.S.C. Section 553
(d)(3)). Although these rules are effective immediately, the FAA is
allowing operators and other affected individuals 9 months to come into
compliance with two new requirements: the 24-month observation check
and the type rating requirements. (See earlier discussion.)
Paperwork Reduction Act
As stated in the NPRM, the paperwork burden associated with this
rule is negligible. The FAA estimated the average burden hour per
respondent at 15 seconds per individual every 2 years. As discussed
above under ``Effective Date,'' OMB is reviewing the information
collection requirements associated with this rule and will publish a
notice informing the public when these information requirements become
effective.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA is not aware of any differences that this rule presents, nor
were any differences indicated in any of the comments received.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs Federal agencies to
promulgate new regulations or modify existing regulations only if the
potential benefits to society outweigh the potential costs. Second, the
Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes
[[Page 30741]]
on small entities. Finally, the Office of Management and Budget directs
agencies to assess the effects of regulatory changes on international
trade. In conducting these analyses, the FAA has determined that this
rule is not ``a significant regulatory action'' as defined in the
Executive Order and the Department of Transportation Regulatory
Policies and Procedures. This rule will not have a significant impact
on a substantial number of small entities and will have no impact on
international trade. These analyses, available in the docket, are
summarized below.
Benefits and Costs
The requirements of this rule will not impose any additional cost
on air carriers or other training entities currently providing
simulator training. These additional requirements can be incorporated
into current industry practice.
In the past, the FAA has issued exemptions to air carriers and to
training entities (FlightSafety, Simuflite, etc.), which permit them to
use simulators to conduct training and checking for air carrier pilots.
However, the FAA imposed certain conditions and limitations in these
exemptions. The Agency required that the check airmen and instructors
of these entities hold the same airman certificates and ratings and
complete the same proficiency checks as required to serve as PIC in air
carrier operations. In addition, check airmen and flight instructors
that conduct Line-Oriented Flight Training and Line Operational
Evaluation in simulators had to be line qualified or line familiar and
had to participate in a line observation program. This line observation
program has the same requirements as the one that is being adopted for
check airmen (simulators) and flight instructors (simulator).
Therefore, this program will not impose any additional burden on the
aviation industry.
In addition, current FAA policy, as part of Flight Standards Work
Program Functions, requires aviation safety inspectors to observe, at
least once annually, half of the check airmen and instructors while
they perform their duties. A portion of the current observation
practice and policy is incorporated into the Code of Federal
Regulations by this rulemaking. Since the above policy and practice
exceed the requirements, this rulemaking will not impose any additional
burden on the airline industry.
The rule affords cost savings to air carriers by allowing them to
hire experienced pilots who are not able to hold a current medical
certificate to check or instruct in flight simulators and flight
training devices if they satisfy the above requirements. These pilots,
many of whom are retired, would probably offer their services at lower
cost to the airlines than the full-time pilots that currently are
performing these functions. Air carriers also will be able to reduce
disruption to their operations by contracting with part-time pilots to
provide training and checking services, thereby eliminating the need to
pull line pilots from their routine duties. The rule also will reduce
costs to the industry because it allows all initial and transition
flight training for check airmen and instructors to be conducted in
simulators or in flight training devices as opposed to the current in-
flight requirement. Accordingly, the FAA finds this rule to be cost-
beneficial because it does not impose any additional costs on the
aviation industry and allows for less costly training of future pilots.
Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980 was enacted by
Congress to ensure that small entities are not unnecessarily or
disproportionately burdened by Government regulations. The RFA requires
a Regulatory Flexibility Analysis if a rule is expected to have a
``significant (positive or negative) economic impact on a substantial
number of small entities.'' Based on the standards and thresholds
specified in implementing the FAA Order 2100.14A, Regulatory
Flexibility Criteria and Guidance, the FAA has determined that the rule
will not have a significant impact on a substantial number of small
entities.
International Trade Impact Assessment
This rule is expected to have neither an adverse impact on the
trade opportunities for U.S. firms doing business abroad nor on foreign
firms doing business in the United States. The cost savings that would
be realized from the rule are not likely to be significant enough to
affect the competitive position of domestic concerns vis-a-vis foreign
concerns.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
regulation is not significant under Executive Order 12866. In addition,
it is certified that this rule will not have a significant economic
impact, positive or negative, on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act. This rule is not
considered significant under DOT Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Safety, Reporting
and recordkeeping requirements, Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Parts 121 and 135 as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
and 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44901-
44904, 44912, 46105.
2. Section 121.411 is revised to read as follows:
Sec. 121.411 Qualifications: Check airmen (airplane) and check airmen
(simulator).
(a) For the purposes of this section and Sec. 121.413:
(1) A check airman (airplane) is a person who is qualified, and
permitted, to conduct flight checks or instruction in an airplane, in a
flight simulator, or in a flight training device for a particular type
airplane.
(2) A check airman (simulator) is a person who is qualified to
conduct flight checks or instruction, but only in a flight simulator or
in a flight training device for a particular type airplane.
(3) Check airmen (airplane) and check airmen (simulator) are those
check airmen 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 check airman (airplane) in a training program established
under this subpart unless, with respect to the airplane type involved,
that person--
(1) Holds the airman certificates and ratings required to serve as
a pilot in command, a flight engineer, or a flight navigator, as
applicable, in operations under this part;
(2) Has satisfactorily completed the appropriate training phases
for the
[[Page 30742]]
airplane, including recurrent training, that are required to serve as a
pilot in command, flight engineer, or flight navigator, as applicable,
in operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competency checks that are required to serve as a pilot in command,
flight engineer, or flight navigator, as applicable, in operations
under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 121.413 including in-flight training and practice
for initial and transition training;
(5) Holds at least a Class III medical certificate unless serving
as a required crewmember, in which case holds a Class I or Class II
medical certificate as appropriate;
(6) Has satisfied the recency of experience requirements of
Sec. 121.439; and
(7) Has been approved by the Administrator for the check airman
duties involved.
(c) No certificate holder may use a person nor may any person serve
as a check airman (simulator) in a training program established under
this subpart unless, with respect to the airplane type involved, that
person meets the provisions of paragraph (b) of this section, or--
(1) Holds the airman certificates and ratings, except medical
certificate, required to serve as a pilot in command, a flight
engineer, or a flight navigator, 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, flight engineer, or flight navigator in
operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competency checks that are required to serve as a pilot in command,
flight engineer, or flight navigator 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 airman
(simulator) duties involved.
(d) Completion of the requirements in paragraphs (b) (2), (3), and
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be
entered in the individual's training record maintained by the
certificate holder.
(e) Check airmen who have reached their 60th birthday or who do not
hold an appropriate medical certificate may function as check airmen,
but may not serve as pilot flightcrew members in operations under this
part.
(f) A check airman (simulator) 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 airman duty in a flight simulator; 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 airman duty in a flight simulator.
(g) The flight segments or line-observation program required in
paragraph (f) 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.
3. Section 121.412 is added to read as follows:
Sec. 121.412 Qualifications: Flight instructors (airplane) and flight
instructors (simulator).
(a) For the purposes of this section and Sec. 121.412:
(1) A flight instructor (airplane) is a person who is qualified to
instruct in an airplane, in a flight simulator, or in a flight training
device for a particular type airplane.
(2) A flight instructor (simulator) is a person who is qualified to
instruct, but only in a flight simulator, in a flight training device,
or both, for a particular type airplane.
(3) Flight instructors (airplane) and flight instructors
(simulator) 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 (airplane) in a training program established
under this subpart unless, with respect to the airplane type involved,
that person--
(1) Holds the airman certificates and rating required to serve as a
pilot in command, a flight engineer, or a flight navigator, 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, flight engineer, or flight navigator, as
applicable, in operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competency checks that are required to serve as a pilot in command,
flight engineer, or flight navigator, as applicable, in operations
under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 121.414, including in-flight training and practice
for initial and transition training;
(5) Holds at least a Class III medical certificate unless serving
as a required crewmember, in which case holds a Class I or a Class II
medical certificate as appropriate.
(6) Has satisfied the recency of experience requirements of
Sec. 121.439.
(c) No certificate holder may use a person, nor may any person
service as a flight instructor (simulator) in a training program
established under this subpart, unless, with respect to the airplane
type involved, that person meets the provisions of paragraph (b) of
this section, or--
(1) Holds the airman certificates and ratings, except medical
certificate, required to serve as a pilot in command, a flight
engineer, or a flight navigator, as applicable, in operations under
this part except before February 19, 1997 that person need not hold a
type rating for the airplane type involved provided that he or she only
provides the instruction described in Secs. 121.409(b) and 121.441;
(2) Has satisfactorily completed the appropriate training phases
for the airplane, including recurrent training, that are required to
serve as a pilot in command, flight engineer, or flight navigator, as
applicable, in operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competency checks that are required to serve as a pilot in command,
flight engineer, or flight navigator, as applicable, in operations
under this part; and
(4) Has satisfactorily completed the applicable training
requirements of Sec. 121.414.
(d) Completion of the requirements in paragraphs (b) (2), (3), and
(4) or (c) (2), (3), and (4) of this section as applicable shall be
entered in the individual's training record maintained by the
certificate holder.
(e) Airmen who have reached their 60th birthday, or who do not hold
an appropriate medical certificate, may not function as a flight
instructor (airplane), nor may they serve as pilot flightcrew members
in operations under this part.
(f) A flight instructor (simulator) 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 a flight simulator (and
must hold a Class I or Class II medical certificate as appropriate); or
(2) Satisfactorily complete an approved line-observation program
[[Page 30743]]
within the period prescribed by that program and that must precede the
performance of any check airman duty in a flight simulator.
(g) The flight segments or line-observation program required in
paragraph (f) 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.
4. Section 121.413 is revised to read as follows:
Sec. 121.413 Initial and transition training and checking
requirements: Check airmen (airplane), check airmen (simulator).
(a) No certificate holder may use a person nor may any person serve
as a check airman unless--
(1) That person has satisfactorily completed initial or transition
check airman training; and
(2) Within the preceding 24 calendar months that person
satisfactorily conducts a proficiency or competency check 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, in a flight simulator, or in a flight
training device. This paragraph applies after February 19, 1997.
(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 airmen must include the
following:
(1) Check airman 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.
(d) The transition ground training for check airmen must include
the approved methods, procedures, and limitations for performing the
required normal, abnormal, and emergency procedures applicable to the
airplane to which the check airman is in transaction.
(e) The initial and transition flight training for pilot check
airmen (airplane), flight engineer check airmen (airplane), and flight
navigator check airmen (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 pilot check airman (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 flight engineer check airmen (airplane) and flight
navigator check airmen (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 in flight, in a flight simulator, or in
a flight training device, as appropriate.
(g) The initial and transition flight training for check airmen
(simulator) 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 a flight simulator or in
a flight training device.
(2) Training in the operation of flight simulators or flight
training devices, or both, to ensure competence to conduct the flight
checks required by this part.
5. Section 121.414 is added to read as follows:
Sec. 121.414 Initial and transition training and checking
requirements: flight instructors (airplane), flight instructors
(simulator).
(a) No certificate holder may use a person nor may any person serve
as a flight instructor unless--
(1) That person has satisfactorily completed initial or transition
flight instructor training; and
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts instruction under the observation of an FAA
inspector, an operator check airman, or an aircrew designated examiner
employed by the operator. The observation check may be accomplished in
part or in full in an airplane, in a flight simulator, or in a flight
training device. This paragraph applies after February 19, 1997.
(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 flight instructors must include
the following:
(1) Flight instructor 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 flight instruction.
(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 corrective action in the case of unsatisfactory training
progress.
(6) The approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures in
the airplane.
(7) Except for holders of a flight instructor certificate--
(i) The fundamental principles of the teaching-learning process;
(ii) Teaching methods and procedures; and
(iii) The instructor-student relationship.
(d) The transition ground training for flight instructors must
include the approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures
applicable to the airplane to which the flight instructor is in
transition.
(e) The initial and transition flight training for flight
instructors (airplane), flight engineer instructors (airplane), and
flight navigator instructors (airplane) must include the following:
(1) The safety measures for emergency situations that are likely to
develop during instruction.
(2) The potential results of improper, untimely, or non-execution
of safety measures during instruction.
(3) For pilot flight instructor (airplane)--
[[Page 30744]]
(i) In-flight training and practice in conducting flight
instruction from the left and right pilot seats in the required normal,
abnormal, and emergency procedures to ensure competence as an
instructor; and
(ii) The safety measures to be taken from either pilot seat for
emergency situations that are likely to develop during instruction.
(4) For flight engineer instructors (airplane) and flight navigator
instructors (airplane), in-flight 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 in flight, in a flight simulator, or in
a flight training device, as appropriate.
(g) The initial and transition flight training for flight
instructors (simulator) 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 a flight simulator or in a flight
training device.
(2) Training in the operation of flight simulators or flight
training devices, or both, to ensure competence to conduct the flight
instruction required by this part.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND
OPERATIONS.
6. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
7. Section 135.337 is revised to read as follows:
Sec. 135.337 Qualifications: Check airmen (aircraft) and check airmen
(simulator).
(a) For the purposes of this section and Sec. 135.339:
(1) A check airman (aircraft) is a person who is qualified to
conduct flight checks in an aircraft, in a flight simulator, or in a
flight training device for a particular type aircraft.
(2) A check airman (simulator) is a person who is qualified to
conduct flight checks, but only in a flight simulator, in a flight
training device, or both, for a particular type aircraft.
(3) Check airmen (aircraft) and check airmen (simulator) are those
check airmen who perform the functions described in Secs. 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 airman (aircraft) in a training program established
under this subpart unless, with respect to the aircraft type involved,
that person--
(1) Holds the airman certificates and ratings required to serve as
a pilot in command in operations under this part;
(2) Has satisfactorily completed the 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) Holds at least a Class III medical certificate unless serving
as a required crewmember, in which case holds a Class I or Class II
medical certificate as appropriate.
(6) Has satisfied the recency of experience requirements of
Sec. 135.247; and
(7) Has been approved by the Administrator for the check airman
duties involved.
(c) No certificate holder may use a person, nor may any person
serve as a check airman (simulator) in a training program established
under this subpart unless, with respect to the aircraft type involved,
that person meets the provisions of paragraph (b) of this section, or--
(1) Holds the applicable airman certificates and ratings, except
medical certificate, 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 appropriate 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; and
(5) Has been approved by the Administrator for the check airman
(simulator) duties involved.
(d) Completion of the requirements in paragraphs (b) (2), (3), and
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be
entered in the individual's training record maintained by the
certificate holder.
(e) Check airmen who do not hold an appropriate medical certificate
may function as check airmen (simulator), but may not serve as
flightcrew members in operations under this part.
(f) A check airman (simulator) must accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
preceding the performance of any check airman duty in a flight
simulator; 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 airman duty in a flight simulator.
(g) The flight segments or line-observation program required in
paragraph (f) of this section are considered to be completed in the
month required if completed in the calendar month before or the
calender month after the month in which they are due.
8. Section 135.338 is added to read as follows:
Sec. 135.338 Qualifications: Flight instructors (aircraft) and flight
instructors (simulator).
(a) For the purposes of this section and Sec. 135.340:
(1) A flight instructor (aircraft) is a person who is qualified to
instruct in an aircraft, in a flight simulator, or in a flight training
device for a particular type, class, or category aircraft.
(2) A flight instructor (simulator) is a person who is qualified to
instruct in a flight simulator, in a flight training device, or in
both, for a particular type, class, or category aircraft.
(3) Flight instructors (aircraft) and flight instructors
(simulator) are those instructors who perform the functions described
in 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 (aircraft) in a training program
established under this subpart unless, with respect to the type, class,
or category aircraft involved, that person--
(1) Holds the airman certificates and ratings required to serve as
a pilot in command in operations under this part;
(2) Has satisfactorily completed the 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;
(5) Holds at least a Class III medical certificate; and
[[Page 30745]]
(6) Has satisfied the recency of experience requirements of
Sec. 135.247.
(c) No certificate holder may use a person, nor may any person
serve as a flight instructor (simulator) in a training program
established under this subpart, unless, with respect to the type,
class, or category aircraft involved, that person meets the provisions
of paragraph (b) of this section, or--
(1) Holds the airman certificates and ratings, except medical
certificate, required to serve as a pilot in command in operations
under this part except before February 19, 1997 that person need not
hold a type rating for the type, class, or category of aircraft
involved.
(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 appropriate proficiency or
competency checks that are required to serve as a pilot in command in
operations under this part; and
(4) Has satisfactorily completed the applicable training
requirements of Sec. 135.340.
(d) Completion of the requirements in paragraphs (b) (2), (3), and
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be
entered in the individual's training record maintained by the
certificate holder.
(e) An airman who does not hold a medical certificate may function
as a flight instructor in an aircraft if functioning as a non-required
crewmember, but may not serve as a flightcrew member in operations
under this part.
(f) A flight instructor (simulator) must accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
period preceding the performance of any flight instructor duty in a
flight simulator; 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 airman duty in a flight simulator.
(g) The flight segments or line-observation program required in
paragraph (f) 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.
9. Section 135.339 is added to read as follows:
Sec. 135.339 Initial and transition training and checking: Check
airmen (aircraft), check airmen (simulator).
(a) No certificate holder may use a person nor may any person serve
as a check airman unless--
(1) That person has satisfactorily completed initial or transition
check airman training; and
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts a proficiency or competency check 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 aircraft, in a flight simulator, or in a flight
training device. This paragraph applies after February 19, 1997.
(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 airmen must include the
following:
(1) Check airman duties, functions, and responsibilities.
(2) The applicable Code of Federal Regulations and the certificate
holder's policies and procedures.
(3) The applicable 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 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 aircraft.
(d) The transition ground training for check airmen 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 airman is in transition.
(e) The initial and transition flight training for check airmen
(aircraft) 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 nonexecution of
safety measures during a check;
(3) 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
(4) The safety measures to be taken from either pilot seat for
emergency situations that are likely to develop during checking.
(f) The requirements of paragraph (e) of this section may be
accomplished in full or in part in flight, in a flight simulator, or in
a flight training device, as appropriate.
(g) The initial and transition flight training for check airmen
(simulator) 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 a flight simulator or in
a flight training device.
(2) Training in the operation of flight simulators, flight training
devices, or both, to ensure competence to conduct the flight checks
required by this part.
10. Section 135.340 is added to read as follows:
Sec. 135.340 Initial and transition training and checking: Flight
instructors (aircraft), flight instructors (simulator).
(a) No certificate holder may use a person nor may any person serve
as a flight instructor unless--
(1) That person has satisfactorily completed initial or transition
flight instructor training; and
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts instruction under the observation of an FAA
inspector, as operator check airman, 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. This paragraph applies after February 19, 1997.
(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 flight instructors must include
the following:
(1) Flight instructor duties, functions, and responsibilities.
(2) The applicable Code of Federal Regulations and the certificate
holder's policies and procedures.
[[Page 30746]]
(3) The applicable methods, procedures, and techniques for
conducting flight instruction.
(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 corrective action in the case of unsatisfactory training
progress.
(6) The approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures in
the aircraft.
(7) Except for holders of a flight instructor certificate--
(i) The fundamental principles of the teaching-learning process;
(ii) Teaching methods and procedures; and
(iii) The instructor-student relationship.
(d) The transition ground training for flight instructors must
include the approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures
applicable to the type, class, or category aircraft to which the flight
instructor is in transition.
(e) The initial and transition flight training for flight
instructors (aircraft) must include the following--
(1) The safety measures for emergency situations that are likely to
develop during instruction;
(2) The potential results of improper or untimely safety measures
during instruction;
(3) Training and practice from the left and right pilot seats in
the required normal, abnormal, and emergency maneuvers to ensure
competence to conduct the flight instruction required by this part; and
(4) The safety measures to be taken from either the left or right
pilot seat for emergency situations that are likely to develop during
instruction.
(f) The requirements of paragraph (e) of this section may be
accomplished in full or in part in flight, in a flight simulator, or in
a flight training device, as appropriate.
(g) The initial and transition flight training for a flight
instructor (simulator) 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. These maneuvers and procedures must
be accomplished in full or in part in a flight simulator or in a flight
training device.
(2) Training in the operation of flight simulators, flight training
devices, or both, to ensure competence to conduct the flight
instruction required by this part.
Issued in Washington, D.C., on May 30, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-14084 Filed 6-14-96; 8:45 am]
BILLING CODE 4910-13-M
