2024-22018. Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements To Train Initial Flight Instructor Applicants; and Other Provisions

Table 1—Total Industry Cost Savings

Year	Initial flight instructor (forecast)	Flight instructor renewals (forecast)	Average wage per hour	Time to process each flight instructor (in hours)	Cost savings	Present value at
						2%	3%	7%
1	10,647	64,295	$67.04	0.1	$502,411	$502,411	$502,411	$502,411
2	12,216	66,910	67.04	0.1	530,461	520,060	515,010	495,758
3	14,015	69,632	67.04	0.1	560,769	538,994	528,579	489,798
4	16,080	72,465	67.04	0.1	593,606	559,368	543,233	484,559
5	18,449	75,412	67.04	0.1	629,244	581,324	559,075	480,047
Total	71,407	348,714				2,702,157	2,648,308	2,452,573
Notes: (i) initial certificates forecast based on historic rate of 14.73 percent per year; (ii) Flight instructor renewal forecast based on historic rate of 4.07 percent per year; and (iii) estimates may not total due to rounding.

Using the initial flight instructor certificates forecast and the flight instructor certificate renewals forecast, the FAA estimates the costs savings to the Federal Government. The FAA determined the cost of issuing physical airman certificates by estimating the mean labor cost for clerks. The FAA estimates the salaries for the clerks based on the 2024 General Schedule Locality Pay Tables using the Rest of the United States locality pay multiplier. The FAA uses 36.25 percent to calculate the overhead benefits multiplier. The total salary, including overhead, is $92,597 ($44.52 per hour). The time to produce each flight instructor certificate is estimated at 0.1 hours.^[52] Using this information, the FAA estimates that during the first five years, the FAA cost savings will be approximately $1.8 million present value at a 2 percent discount rate, with annualized savings of $381 thousand. The results are presented in Table 2.

( print page 80044)

Table 2—Total FAA Cost Savings

Year	Initial flight instructor (forecast)	Flight instructor renewals (forecast)	Average wage per hour	Time to process each flight instructor (in hours)	Cost savings	Present value at
						2%	3%	7%
1	10,647	64,295	$44.52	0.1	$333,642	$333,642	$333,642	$333,642
2	12,216	66,910	44.52	0.1	352,269	345,362	342,009	329,223
3	14,015	69,632	44.52	0.1	372,396	357,936	351,019	325,265
4	16,080	72,465	44.52	0.1	394,202	371,466	360,751	321,787
5	18,449	75,412	44.52	0.1	417,869	386,047	371,271	318,790
Total	71,407	348,714				1,794,453	1,758,692	1,628,707
Notes: (i) initial certificates forecast based on historic rate of 14.73 percent per year; (ii) Flight instructor renewal forecast based on historic rate of 4.07 percent per year; and (iii) estimates may not total due to rounding.

2. Flight Instructor Refresher Course

Allowing flight instructors whose recent experience has lapsed by no more than three calendar months to reinstate flight instructor privileges by taking a FIRC will result in cost savings for flight instructors. Under the previous rule, flight instructor applicants typically would incur the costs of taking a practical test. This expenditure generally included the applicant's time for the test-which consisted of oral testing and a flight test (about 2-3 hours flight portion), the cost of a designated examiner to conduct the test,^[53] and the aircraft operational or rental costs ^[54] incurred while taking the test. The estimates provided here are based on a comprehensive review of (1) numerous flight schools throughout the United States, (2) the price designated pilot examiners charge across the country, and (3) the cost of taking FAA approved FIRCs conducted by current providers. This review was conducted by FAA personnel familiar with the training requirements and associated costs. The research conducted during this review indicates that a practical test to reinstate a flight instructor certificate could cost anywhere from about $800 to thousands of dollars when a rental aircraft is used for the practical test. Conversely, the cost of an online FIRC may be provided free of charge or cost as much as $299 for a live classroom FIRC. By averaging these options ($0 and $299), the FAA assumes a cost of $149.50 per hour for the cost of taking a FIRC.

To estimate the cost savings associated with taking a FIRC instead of a practical test, the FAA forecasts that on average 85 flight instructors will reinstate their flight instructor certificate within the first three-month period from the expiration of their certificate.^[55] The FAA determined the difference in cost between taking a practical test and taking a FIRC as $2,656.^[56] Therefore, the FAA estimates that during the first five years, the cost savings will be approximately $1.1 million present value at a 2 percent discount rate, with annualized savings of $231 thousand. The results are presented in Table 3.

Table 3—Total Flight Instructor Refresher Course Cost Savings

Year	Flight instructors that will reinstate their flight instructor certificate within first 3 month period from the expiration of their certificate (forecast)	Cost of practical test minus cost of FIRC	Cost savings	Present value at
				2%	3%	7%
1	85	$2,656	$226,822	$226,822	$226,822	$226,822
2	85	$2,656	$226,822	$222,375	$220,216	$211,984
3	85	2,656	226,822	218,015	213,802	198,115
4	85	2,656	226,822	213,740	207,575	185,155
5	85	2,656	226,822	209,549	201,529	173,042
Total	427			1,090,501	1,069,944	995,118
Note: (i) estimates may not total due to rounding.

The FAA estimates that during the first five years, the combined cost savings (industry + FAA) will be approximately $5.6 million present value at a 2 percent discount rate, with an annualized savings of $1.2 million. The results are presented in Table 4. ( print page 80045)

Table 4—Total Cost Savings for the Industry and the FAA

Cost savings	Present value at			Annualized
	2%	3%	7%	2%
Industry	$3,792,659	$3,718,253	$3,447,692	$804,644
FAA	1,794,453	1,758,692	1,628,707	380,708
Total	5,587,111	5,476,944	5,076,398	1,185,353
Note: (i) estimates may not total due to rounding.

3. FAA-Sponsored Pilot Proficiency Programs

This new paragraph will add the FAA-sponsored pilot proficiency programs as a method to establish recent experience under § 61.197(a) and will codify the FAA's current practice of permitting flight instructors to use the WINGS Program to satisfy § 61.197. Codifying FAA-sponsored pilot proficiency programs to allow flight instructors an additional method to establish flight instructor recent experience is essentially an enabling provision for flight instructors, which was triggered by the need to provide a regulatory basis for a policy that has allowed flight instructors to renew their certificate by means of the WINGS program.

4. Revising Flight Instructor Qualifications Under 14 CFR 61.195(h)(2)

Currently, prior to instructing initial flight instructor applicants, a flight instructor must have held their flight instructor certificate for at least 24 calendar months and have given a requisite number of hours of flight training. This Final Rule will create two additional options for a flight instructor to qualify to instruct initial flight instructor applicants. Under the first new option, flight instructors would have the option to qualify by training and endorsing at least five applicants for a practical test for a pilot certificate or rating, with at least 80 percent of those applicants passing the test on their first attempt. As another option, flight instructors may complete an FAA-approved FIEQTP and give a requisite number of hours of flight training. These two new qualification options will allow flight instructors to be eligible to instruct initial flight instructor applicants sooner than 24 calendar months. This provision will provide additional flexibility to instructors and, thus, the FAA finds it will provide a small cost savings.^[57]

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 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 business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

Most of the parties affected by this rule will be small businesses such as flight instructors, aeronautical universities, FAA designated pilot examiners, parts 61 and 141 flight schools, and part 142 training centers. There were 131,577 ^[58] flight instructors alone in 2023. Therefore, this final rule will affect a substantial number of small entities. However, it does not impose costs net of cost savings. This Final Rule is expected to provide cost savings to industry of about $4 million present value at 2 percent during the first 5 years. If an agency determines that a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA. Therefore, as provided in section 605(b) and based on the foregoing, the head of 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 they be the basis for U.S. standards.

The FAA has assessed the potential effect of this final rule and determined that the rule will have only a domestic impact and, therefore, no effect on international trade.

D. Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or Tribal government or the private sector to incur direct costs without the Federal government having first provided the funds to pay those costs. The FAA determined that the final rule will not result in the expenditure of $183,000,000 or more by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year.

( print page 80046)

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there will be a new requirement for information collection associated with this rule for the FIEQTP. The FAA notes that the Office of Management and Budget assigned OMB control number 2120-0816 to this information collection. As required by the Paperwork Reduction Act, the FAA has submitted this information collection request to OMB for its review. The new information collection would be entitled Flight Instructor Enhanced Qualification Training Program (FIEQTP): Preparation and Approval. The following discussion provides details on this information collection requirement.

Summary: Flight instructors seeking to provide flight training to initial flight instructor applicants may complete an approved Flight Instructor Enhanced Qualification Training Program (FIEQTP) that will develop the flight instructor's instructional ability. Participation in this new training program is not mandatory; instead, it is one option to become qualified to instruct initial flight instructor applicants. Any part 141 pilot school or part 142 training center wishing to offer the new training program is required to submit the curriculum to the FAA for approval.

Use: The information collected for the FIEQTP will ensure flight instructors seeking to provide flight training to initial flight instructor applicants are adequately trained in the knowledge and skills of the intricacies of providing flight training to initial flight instructor applicants. The requirement to submit the FIEQTP curriculum to the FAA for approval ensures that the FIEQTP meets the regulatory requirements of such program and provides greater oversight of the training programs to ensure consistency of both course and instructional quality among pilot schools and training centers.

Burden Estimate: As of May 2024, FAA records show 539 active part 141 pilot schools and 50 active part 142 training centers.^[59] The FAA estimates that 25 percent of these pilot schools and training centers would take advantage of the provision in this rule that would trigger an estimated 147 responses to this new information collection for § 61.195(h)(3). Therefore, in the first year, the FAA estimates that about 134.75 pilot schools and 12.50 training centers would submit a training program for approval for a total of 147 respondents in the first year. Further, the FAA estimates that the development of each FIEQTP will take approximately 80 hours and that the task would be performed by the pilot school's or training center's chief flight instructor. The Bureau of Labor Statistics estimates that the mean annual salary for a chief flight instructor is $90,330, from which the FAA estimates an average wage of $43.43 per hour.^[60] This wage was obtained using the North American Industry Classification System (NAICS) industry code 611500; occupation code 53-2010 designate for aircraft pilots and flight engineers. This wage estimate was derived by dividing $90,330 by 2,080 hours (assuming a 40-hour work week for 52 weeks), which is $43.43 per hour. Next, a fringe benefit multiplier 1.42 was included. This results in an annual salary of $128,128 and hourly wage of $61.60.^[61]

Table 5—Industry Salary Including Overhead

Job category	Annual wage	Multiplier	Total	Hourly wage
Chief Flight Instructor	1  $90,330	2  1.42	$128,128	3  $61.60
Sources:
1  NAICS Code 611500; occupation code 53-2010. Technical and Trade Schools—May 2022 OEWS Industry-Specific Occupational Employment and Wage Estimates ( bls.gov).
2  Overhead benefit percent of total compensation = 29.5%. June 2022. https://www.bls.gov/​bls/​news-release/​ecec.htm.
3  Using 2,080 working hours in one year.

This would result in a first-year burden of about 11,780 hours and about $725,648 ((134.75 pilot schools +12.50 training centers) × 80 hours × $61.60) for affected pilot schools and training centers to prepare and submit new training programs. For subsequent years, the FAA assumes a growth rate of one percent for both pilot schools and training centers. The FAA estimates that 25 percent of those institutions would submit FIEQTP to the FAA for revisions, resulting in approximately 1.47 new respondents and an additional burden of about 118 hours and $7,256 in subsequent years. The FAA also estimates that each year at least 50 percent of the pilot schools and training centers that provide the FIEQTP curriculum would require at least one revision to address any updates or deficiencies identified by the FAA, pilot school, or training center. As a result, the FAA estimates the total annual burden to pilot schools and training centers of submissions, including growth and revisions, at 4,749 hours and $292,553.

The FAA reviewed the number of initial flight instructors certificated in the previous three years, which was reported as: 2023 (11,337), 2022 (8,364), and 2021 (7,759) equaling a total of 27,460 newly certificated flight instructors.^[62] Using the most recent year of these newly certificated flight instructors, the FAA estimates 11,337 student records would be generated in the first year. The FAA further assumes that 25 percent of the students would enroll in a FIEQTP regardless of other alternatives. The FAA, therefore, estimates that 2,834 students ^[63] would enroll in a FIEQTP in the first year. The FAA further estimates that the student population growth rate would be 0.6 percent.^[64] In addition, the FAA estimates each record would require five minutes of processing time and that recordkeeping functions would be the responsibility of the chief flight ( print page 80047) instructor. This would result in an annual recordkeeping burden of 79 hours and $4,888.

The annual industry burden and cost of this information requirement for plan submission and revision and student recordkeeping is about 4,829 hours and $297,441.

Table 6—Industry FIEQTP Development and Revision Burden and Costs

[Information used for estimates]

Category	Element	Estimate
Pilot Schools	Number of pilot schools	539
	Portion of pilot schools affected	25%
	Number of pilot schools affected	(539 × 0.25 =) 134.75
	Growth rate of pilot schools	1%
Training Centers	Number of training centers	50
	Portion of training centers affected	25%
	Number of training centers affected	(50 × 0.25 =) 12.50
	Growth rate of training centers	1%
FIEQTP	Time needed to develop and submit original	80 hours
	Time for revisions	10 hours
	Percent revisions per year	50% 65
Wage Rate	Chief flight instructor	$61.60

The FAA estimates the annual burden and cost to the Federal Government for the review and authorization of the FIEQTP would be 2,809 hours and $251,924. This burden and cost was determined by estimating the time required for FAA personnel to review FIEQTP curriculums and authorize an applicant's program through the issuance of an approval letter. The FAA estimates FAA aviation safety inspectors (ASIs) would spend 40 hours on each review and 10 hours on each revision. Additionally, FAA clerks would spend 30 minutes on issuance of an approval letter. The FAA estimates the salaries for the ASIs and clerks based on the 2024 General Schedule Locality Pay Tables using the Rest of the United States locality pay multiplier. The FAA uses 36.25 percent to calculate the overhead benefits multiplier. The total salary, including overhead, is $188,696 ($90.72 per hour) for ASIs and $92,597 ($44.52 per hour) for clerks. The analysis uses the same number of responses estimated for industry FIEQTP submission and revision to estimate the burden and cost to the FAA of reviews and approvals.

Table 7—FAA Salaries Including Overhead

Job category	Aviation safety inspector	Clerk
Grade and Step	GS-14 Step 5	GS-9 Step 5.
Annual Base Salary	$118,552 1	$58,176.1
Locality Multiplier	1.1682 2	1.1682.2
Salary Adjusted by Locality Pay	$138,492	$67,961.
Overhead Benefit Multiplier	1.3625 3	1.3625.3
Salary including Overhead	$188,696	$92,597.
Hourly Wage	$90.72 4	$44.52.4
Sources:
1  2024 General Schedule Pay. https://www.opm.gov/​policy-data-oversight/​pay-leave/​salaries-wages/​salary-tables/​pdf/​2024/​GS.pdf.
2  FAA locality rate for the Rest of the United States.
3   https://www.whitehouse.gov/​wp-content/​uploads/​legacy_​drupal_​files/​omb/​memoranda/​2008/​m08-13.pdf.
4  Using 2,080 working hours in one year.

The combined (industry + FAA) annual burden and cost is 7,637 hours and $549,365. The following provides additional detail of response, burden, and cost estimates to industry and the FAA (some estimates may not exactly total due to rounding).

Table 8—Annual Burden and Costs for the Industry and the FAA

Category	Total responses	Hours per response	Burden hours
			Reporting	Recordkeeping	Disclosure	Total	Cost
Industry: 61.195(h)(3):
Development Cost—Pilot Schools	45.82	80	3,666			3,666	$225,798
Development Cost—Training Centers	4.25	80	340			340	20,946
Cost—Revisions	74.36	10	744			744	45,808
Industry Recordkeeping Costs	956.12	0.083		79		79	4,888
( print page 80048)
Total Industry Costs for 61.195(h)(3)			4,749	79	0	4,829	297,441
FAA: 61.195(h)(3):
Review cost of FIEQTP curriculums	50.07	40	2,003			2,003	181,692
Revision cost of FIEQTP curriculums	74.36	10	744			744	67,462
Cost of issuing approval letter	124.43	0.5	62			62	2,770
Total FAA Costs for 61.195(h)(3)			2,809	0	0	2,809	251,924
Total Industry and FAA Costs for 61.195(h)(3)			7,558	79	0	7,637	549,365
Details may not add to row or column totals due to rounding.

Finally, § 61.195(h)(3)(vii) will require part 141 pilot schools and part 142 training centers to issue a graduation certificate to each flight instructor who successfully completes the FIEQTP. While part 141 already requires pilot schools to issue a graduation certificate to each student who completes an approved course of training,^[66] this will be a new requirement for part 142 training centers, and only required for training centers in the context of FIEQTPs. The FAA does not know how many part 141 pilot schools or how many part 142 training centers will choose to provide the FIEQTP course. Additionally, the FAA does not know how many flight instructors will seek to attend this course at a part 141 pilot school, which is already required to issue a graduation certificate; or how many flight instructors will seek to attend this course at a part 142 training center, which are not currently required to issue graduation certificates. Therefore, the FAA is unable to quantify the costs to provide a graduation certificate.

F. International Compatibility

In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations.

G. Environmental Analysis

FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA) in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6f for regulations and involves no extraordinary circumstances.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

The FAA has analyzed this final rule under the principles and criteria of Executive Order (E.O.) 13132, Federalism. The FAA has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have federalism implications.

B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

Consistent with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments,^[67] and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,^[68] the FAA ensures that Federally Recognized Tribes (Tribes) are given the opportunity to provide meaningful and timely input regarding proposed Federal actions that have the potential to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes; or to affect uniquely or significantly their respective Tribes. At this point, the FAA has not identified any unique or significant effects, environmental or otherwise, on Tribes resulting from this final rule.

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

The FAA analyzed this final rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The FAA has determined that it will not be a “significant energy action” under the executive order and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory Cooperation

Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action will have no effect on international regulatory cooperation.

VIII. Additional Information

A. Electronic Access and Filing

A copy of the NPRM, all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this final 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 www.federalregister.gov and the Government Publishing Office's website at www.govinfo.gov. A copy ( print page 80049) may also be found at the FAA's Regulations and Policies website at 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 [phone]. Commenters must identify the docket or notice number of this rulemaking.

All documents the FAA considered in developing this final rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit www.faa.gov/​regulations_​policies/​rulemaking/​sbre_​act/​.

List of Subjects

14 CFR Part 11

• Administrative practice and procedure
• Reporting and recordkeeping requirements

14 CFR Part 61

• Aircraft
• Airmen
• Aviation safety
• Reporting and recordkeeping requirements
• Teachers

14 CFR Part 63

• Aircraft
• Airman
• Aviation safety
• Reporting and recordkeeping requirements

14 CFR Part 65

• Aircraft
• Airmen
• Aviation safety
• Reporting and recordkeeping requirements

14 CFR Part 141

• Airmen
• Educational facilities
• Reporting and recordkeeping requirements
• Schools

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

PART 11-GENERAL RULEMAKING PROCEDURES

1. The authority citation for part 11 continues to read as follows:

Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-50923.

2. Amend § 11.201 in the table in paragraph (b) by revising the entry for part 61 to read as follows:

§ 11.201

Office of Management and Budget (OMB) control numbers assigned under the Paperwork Reduction Act.

* * * * *

(b) * * *

14 CFR part or section identified and described	Current OMB control number
*         *         *         *         *         *         *
Part 61	2120-0021, 2120-0034, 2120-0543, 2120-0571, 2120-0816
*         *         *         *         *         *         *