2024-22009. Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges
Table 1—Summary of Regulatory Text Changes
Provision Regulatory citation (14 CFR) Proposed action Final rule action Definitions § 1.1 No proposed changes Revises the definition of “public aircraft”. Applicability and definitions § 61.1(b) No proposed changes Amends § 61.1(b) to define “passenger” as any person on board an aircraft other than a crewmember, FAA personnel, manufacturer personnel required for type certification, or a person receiving or providing flight training, checking, or testing as authorized by part 61. Pilot logbooks § 61.51(f)(4) Clarifies that a person designated as second-in-command (SIC) by a government entity may log SIC time if the aircraft used was a large aircraft as defined in § 1.1, a turbo-jet powered airplane, or if the aircraft holds or originally held a type certificate that requires a second pilot Adopted as proposed. § 61.51(f)(4)(i) Specifies that SIC time logged under paragraph (f)(4) may not be used to meet the aeronautical experience requirements for the private or commercial pilot certificates or an instrument rating Adopted as proposed. § 61.51(f)(4)(ii) Delineates that an applicant for an air transportation pilot (ATP) certificate who logs SIC time under § 61.51(f)(4) is issued an ATP certificate with a limitation Modifies the text to specify that an ATP applicant only needs a limitation added to their ATP certificate in accordance with ICAO requirements if that applicant logs second in command time in an aircraft that is not type certificated for two pilots; adds reference to § 61.161. § 61.51(j)(4) Allows logging of flight time for pilots engaged in any PAO in accordance with 49 U.S.C. 40102(a)(41) and 40125 Adopted as proposed. Recent flight experience: Pilot in command § 61.57(a)(1) and (b)(1) No proposed changes Revises “passengers” to “persons” due to new § 61.1 definition of “passenger.” § 61.57(e)(5) Provides an exception to § 61.57(a) and (b) enabling a pilot to regain recent flight experience with a flight instructor on board Adopted as proposed. § 61.57(e)(6) No proposed change Adds an exception to § 61.57(a) and (b) to harmonize with § 61.47(c). Aeronautical experience: Airplane category rating § 61.159(e) Allows a pilot to credit SIC time logged under PAO toward the total time for an ATP certificate Adopted as proposed. Aeronautical experience: Rotorcraft category and helicopter class rating § 61.161(d) Allows a pilot to credit SIC time logged under PAO toward the total time for an ATP certificate Adopted as proposed. Flight Instructor Privileges §§ 61.193(a) and 61.413(a) Clarifies that, within the limits of their certificates, authorized flight instructors may conduct ground and flight training, and certain checking events, in addition to issuing endorsements Revises the introductory paragraph of § 61.413(a) to mirror the language provided in § 61.193(a) to ensure consistency. Otherwise adopted as proposed. §§ 61.193(a)(7) and 61.413(a)(6) Clarifies that flight instructors are authorized to conduct certain specialized and elective training Adopted as proposed. §§ 61.193(c) and 61.413(c) Clarifies that the privileges afforded to authorized flight instructors under these provisions do not permit operations that would require an air carrier or operating certificate or specific authorization from the Administrator Adopted as proposed. Limited category civil aircraft: Operating limitations § 91.315 Adds new § 91.315(a) through (d) to clarify operations that may not be conducted while carrying persons or property for hire and directs stakeholders to new § 91.326 Adopted as proposed. ( print page 80312) Aircraft having experimental certificates: Operating limitations § 91.319(a) Revises the introductory text to include a reference to § 91.326 Adopted as proposed. § 91.319(a)(2) Revises the broad language in § 91.319(a)(2) regarding the operation of experimental aircraft carrying persons or property for compensation or hire to further clarify its intent Adopted as proposed. § 91.319(d)(3) Replaces “air traffic control (ATC)” with “control tower.” Adopted as proposed. § 91.319(e), (e)(1), and (e)(2) Removes the date restriction on flight training in these aircraft and cross-references proposed § 91.326 • Amends the introductory text by directly referencing light-sport aircraft and moves the exception language into paragraph (e)(1). • Modifies § 91.319(e)(2) by directly referencing light-sport aircraft. • Adds language to be inclusive of aircraft certificated under § 21.191(i) for use in flight training. § 91.319(f) Moves the exception language into new paragraph (f)(1). Adds new paragraph (f)(2) to allow solo flights in accordance with a training program included as part of the deviation authority specified under § 91.326(b) Adopted as proposed. § 91.319(f)(2) Adds language to permit training in certain experimental light-sport aircraft for compensation or hire through existing deviation authority in accordance with proposed § 91.326(b) Adopted as proposed. § 91.319(h) Removes the current deviation authority and reserves the paragraph Adopted as proposed. Primary Category Airworthiness Certificates § 91.325(a) Adds new paragraphs (a)(1) through (4) to clarify operations that may not be conducted while carrying persons or property for hire Adopted as proposed. § 91.325(b) Adds a reference to § 91.326(a) to the introductory language. Enables primary category aircraft to be used for flight training, checking, and testing without the need to obtain deviation authority Corrects reference to § 91.326(c) instead of § 91.326(a) and otherwise adopted as proposed. § 91.325(c) Adds new § 91.326(c) to permit primary category aircraft maintained by FAA certificated mechanics or authorized repair stations to be operated for compensation or hire for the purposes of conducting flight training, checking, and testing without deviation authority or an exemption Adopted as proposed. Exception to operating certain aircraft for the purposes of flight training, flightcrew member checking, or flightcrew member testing § 91.326(a) Adds new § 91.326 to provide who may receive and provide flight training, checking, and testing without deviation authority and to specify when deviation authority is required for these operations • Adds the title “General.” • Modifies the language to specify that, notwithstanding the prohibitions in §§ 91.315, 91.319(a), and 91.325, a person may conduct flight training, checking, or testing in a limited category aircraft, experimental aircraft, or primary category aircraft under the provisions of this section. • Moves the § 91.326(a) operations not requiring a LODA to § 91.326(c)(1). Exception to Operating Certain Aircraft for Compensation or Hire § 91.326(a)(1) Prohibits the authorized instructor from providing both the training and the aircraft Redesignates the proposed language as § 91.326(c)(1)(i). § 91.326(a)(2) Prohibits any person from broadly offering the aircraft as available for the activity Redesignates the proposed language as § 91.326(c)(1)(ii). § 91.326(a)(3) Specifies that no person would be permitted to receive compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was accomplished, other than expenses for owning, operating, and maintaining the aircraft Redesignates the proposed language as § 91.326(c)(1)(iii). § 91.326(b) Provides that any person who wants to conduct flight training, checking, or testing in limited category and experimental aircraft outside the restrictions and limitations of proposed § 91.326(a) and (c) may apply for deviation authority Changes proposed title to “Operations requiring a letter of deviation authority.” Removes the reference to § 91.326(a). § 91.326(b)(1) Clarifies that no person may operate under this section without a LODA Adopted as proposed. § 91.326(b)(2) Enables the FAA to cancel or amend a LODA if it determines that the deviation holder has failed to comply with the conditions and limitations or at any time if the Administrator determines that the deviation is no longer necessary or in the interest of safety Adds language to § 91.326(b)(2) to memorialize the Administrator's authority to deny an application for a LODA if it would not be in the interest of safety or is unnecessary. § 91.326(b)(3)(i) through (ix) Enumerates the items an applicant would be required to include in their request for deviation authority Removes § 91.326(b)(3)(vi) and otherwise adopted as proposed. ( print page 80313) § 91.326(b)(4) Allows the Administrator to continue to prescribe additional conditions and limitations in LODAs for experimental aircraft and extend that allowance to LODAs issued for training, testing, and checking in limited category aircraft when necessary for safety Adds certain conditions and limitations in new § 91.326(b)(4)(i) through (viii). § 91.326(b)(5) Limits the persons permitted to be on board an aircraft during operations under a LODA to authorized flight instructor, designated examiner, person receiving flight training or being checked or tested, or persons essential for the safe operation Allows up to two trainee observers to be carried in operations conducted under a LODA, provided the carriage is not prohibited by any other regulation, the observer is enrolled in in a LODA training course for the same aircraft, and the observation takes place from a forwardmost observer seat with an unobstructed view of the flightdeck. § 91.326(b)(6) Specifies that the Administrator may limit the types of training, testing, and checking authorized under this deviation authority Adopted as proposed. § 91.326(c) Instructs holders of LODAs issued under § 91.319(h) on LODA validity and expiration at the time of publication of the final rule • Redesignates proposed § 91.326(c) as § 91.326(d), with no substantive revisions. • Adds § 91.326(d), titled “Previously issued letters of deviation authority.” • New § 91.326(c), titled “Operations not requiring a letter of deviation authority,” provides introductory language on operations that may be conducted without a LODA (see previously denoted revisions to § 91.326(a)). § 91.326(c)(2) No proposed change Adds new § 91.326(c)(2) to specify that a person may operate a limited category aircraft, experimental aircraft, or primary category aircraft to conduct flight training, checking, or testing without a LODA if no person provides and no person receives compensation for the flight training, checking, or testing, or for the use of the aircraft. Aircraft having a special airworthiness certificate in the light-sport category: Operating limitations § 91.327(a)(2) Adds to the existing explicit permission for flight training that a person may conduct checking and testing Adopted as proposed.