[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6898-6908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3868]
[[Page 6897]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 121 and 135
Training and Qualification Requirements for Check Airmen and Flight
Instructors; Proposed Rule
Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 /
Proposed Rules
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[[Page 6898]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121 and 135
[Docket No. 28471; Notice No. 96-1]
RIN 2120-AF08
Training and Qualification Requirements for Check Airmen and
Flight Instructors
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Proposed Rulemaking (NPRM).
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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 proposed rule would
establish separate categories of 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 would have to accomplish
the following, which could be demonstrated in a flight simulator or
flight training device: recency of experience requirements; biannual
observation checks of their check airman/instructor abilities; and
required training, including recurrent ground and flight training. A
flight instructor (simulator) or check airman (simulator) would be
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 participating in a line-observation program. Additionally, the FAA
proposes that check airmen and instructors can 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.
DATES: Comments must be submitted on or before March 25, 1996.
ADDRESSES: Comments on this notice should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-10), Docket No. 28471, 800 Independence
Avenue, SW., Washington, DC 20591. Comments delivered must be marked
Docket No. 28471. Comments may also be sent electronically to the
following internet address: nprmcmts@mail.hq.faa.gov. Comments may be
examined in Room 915G weekdays between 8:30 a.m. and 5 p.m., except on
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tom Toula, Air Carrier Training
Branch, (AFS-210), Flight Standards Service, Federal Aviation
Administration , 800 Independence Avenue SW., Washington, DC 20591,
Telephone (202) 267-3718.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice are also invited. Substantive comments should
be accompanied by cost estimates. Comments should identify the
regulatory docket or notice number and should be submitted in
triplicate to the Rules Docket address specified above. All comments
received on or before the closing date for comments specified will be
considered by the Administrator before taking action on this proposed
rulemaking. The proposal contained in this notice may be changed in
light of comments received. All comments received will be available,
both before and after the closing date for comment, in the Rules Docket
for examination by interested persons. A report summarizing each
substantive public contact with Federal Aviation Administration (FAA)
personnel concerned with this rulemaking will be filed in the docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must include a pre-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. ____.'' The postcard will be date-stamped and mailed to
the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications
must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRMs should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, 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 14 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 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 now so
sophisticated that they are used to conduct most training and checking
with significant benefits to safety and to the environment and with
significant cost savings. 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 flight instructor or
check airmen 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
[[Page 6899]]
flight instructors who instruct only in flight simulators. There are 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, who because of medical conditions, are unable to hold an airman
medical certificate.
This proposed rule would 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.
Affected check airmen and flight instructors would have to 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. The proposed
regulations also address 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 proposal.
Discussion of the Proposed Rule
The proposed rule would revise the following sections of parts 121
and 135: Secs. 121.411, 121.413, 135.337, and 135.339; it would add the
following four new sections: Secs. 121.412, 121.414, 135.338, and
135.340.
The most significant changes between the current and proposed rules
are as follows:
(1) The categories of check airman (simulator) and flight
instructor (simulator) would be defined with separate requirements for
each.
(2) The following requirements for flight instructors and check
airmen who only perform check airmen and instructor functions in flight
simulators and flight training devices would be deleted:
The requirement to hold at least a Class III medical
certificate, in Sec. 121.411(a)(6).
The requirement to hold a Class I, II, or III medical
certificate, in Sec. 135.337(a).
(3) A flight instructor (simulator) or check airman (simulator)
would be 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 participating in a 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. The FAA proposes to
change these requirements in the following ways:
A new requirement would be imposed for check airmen and
flight instructors, to 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 would be 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 would ensure that flight instructors and check airmen receive
the same ground training.
Initial and transitional flight training for pilot check
airmen and pilot instructors currently requires in-flight training and
practice. The FAA proposes to allow this training to take place in
simulators or training devices.
These changes would allow certain experienced pilots who are unable
to meet current medical certificate requirements to be able to check
and instruct, but only in flight simulators and flight training
devices. To allow this flexibility while maintaining safety, the
proposed rules would require flight instructors (simulator) and check
airmen (simulator) to meet recency of experience requirements, take
biannual observation checks of their check airman/instructor abilities,
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
proposed rule follows.
Section-by-Section Analysis
Section 121.411 Qualifications: Check Airmen (Airplane) and Check
Airmen (Simulator)
Section 121.411(a)(1) now 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 airplane simulator as provided in
Sec. 121.409(b) must hold an airline transport pilot (ATP) certificate.
Proposed revisions to this section would change the applicability
from check airmen and flight instructors to check airmen (airplane) and
check airmen (simulator). Flight instructors would be covered under
proposed Sec. 121.412. Proposed paragraph (a) of Sec. 121.411 would
state 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) would be qualified to conduct
flight checks only in a flight simulator or in a flight training device
for a particular type aircraft.
Proposed paragraph (b) would contain 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 would remain
the same as the current requirements. The recency provisions would be
added to ensure equivalent recency of experience for those check airmen
who may not be flying line operations.
Proposed paragraph (c) of Sec. 121.411 would establish the
eligibility requirements for check airmen (simulator). These proposed
requirements would be the same as those for check airmen (airplane) in
proposed paragraphs (b) with two exceptions. There would be no
requirement to hold a Class III medical certificate and the recency of
experience requirements of proposed Sec. 121.411(b)(6) would not be
required of part 121 check airmen (simulator). Check airmen (simulator)
would instead be allowed to meet proposed recency of
[[Page 6900]]
experience requirements in proposed paragraph (f), discussed later in
this section. Check airmen (airplane) may only meet recency of
experience requirements in an airplane because they are able to perform
their functions in an airplane as a required flight crewmember. 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, would be deleted since the FAA
believes that this provision is obsolete.
Proposed paragraph (d) would be 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.
Proposed paragraph (e) would be 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 proposed paragraph, these airmen may
not serve as crewmembers under part 121 operations.
Proposed paragraph (f) would be added to offer an alternate method
for maintaining recency of experience requirements for check airmen
(simulator). Under this proposal, check airmen (simulator) would,
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.
Proposed paragraph (g) would be 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 proposed requirements for this section are virtually identical
to those in proposed Sec. 121.411 for check airmen. Additionally, this
proposed section would specify that individuals who do 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)
Proposed paragraph (a)(1) would continue the current requirement
that, in order to serve as a check airman, a person must have completed
initial or transition check airman training. Additionally, proposed
paragraph (a)(2) would require an observation check of check airman
functions within the preceding 24 calendar months. The observation
check could 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 appropriate designated examiner could administer this
observation check. The FAA believes that the observation check
requirement would better ensure that check airmen maintain their
qualifications and their abilities to perform all other duties as
appropriate for check airmen.
In proposed 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.
Proposed paragraph (c) of this section would cover initial ground
training requirements for check airmen. Most of the requirements are in
current paragraphs (a)(1) through (a)(6) of Sec. 121.413. Some
editorial revisions would be made in the proposal.
Proposed paragraph (d) would cover transition ground training for
check airmen. This proposed paragraph would separate transition ground
training requirements from initial ground training requirements, but
would impose no new requirements since transition and ground training
are currently required in Sec. 121.413(a)(6).
Proposed paragraph (e) would be added to cover initial and
transition flight training for pilot check airmen (airplane), flight
engineer check airmen (airplane), and flight navigator check airmen
(airplane). Proposed paragraph (e) would contain requirements
equivalent to those contained in current Sec. 121.413 (c) and (d), but
would place greater emphasis on the safety issues required during
checking that takes place under actual flight. Additionally, it would
broaden 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).
Proposed paragraph (f) would be added to allow all the flight
training provisions of proposed 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 (paragraph (c)(2)) and the results of
improper or untimely safety measures (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. The
FAA believes that this proposal is appropriate because of the proven
effectiveness of flight simulator training. Flight training devices
would also be allowed to fulfill the training requirements for the same
reasons.
Proposed paragraph (g) would be added to establish initial and
transition flight training for check airmen (simulator). The proposed
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 the proposed
paragraph, the training could be conducted in flight training devices
or flight simulators as appropriate. The proposed 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 and Checking Requirements:
Flight Instructors (Airplane) and Flight Instructors (Simulator)
The proposed requirements for this section would be identical to
the provisions in proposed Sec. 121.413 except that the terms and
references would apply to flight instructors, the required observation
check would be an observation check of instructor functions, and would
include the current requirement for training in teaching methods and
procedures except for the holder of a flight instructors 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
[[Page 6901]]
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.
Proposed revisions to this section would change the applicability
from check airmen and flight instructors to check airmen (aircraft) and
check airmen (simulator). Flight instructors would be covered under
proposed Sec. 135.338. Proposed paragraph (a) of Sec. 135.337 would
state 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) would be
qualified to conduct flight checks only in a flight simulator or in a
flight training device for a particular type, class, or category
aircraft.
Proposed paragraph (b) would contain 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 would remain
the same as current requirements. The recency provision would be added
to ensure equivalent recency of experience for those check airmen who
may not be flying line operations.
Proposed paragraph (c) of Sec. 135.337 would be added to establish
the eligibility requirements for check airmen (simulator). These
proposed requirements are the same as those for check airmen (aircraft)
in proposed paragraph (b) with two exceptions. There would be no
requirement to hold a medical certificate and the recency of experience
requirements of proposed Sec. 135.337(b)(3) would not be required of
part 135 check airmen (simulator). Check airmen (simulator) would
instead be allowed to meet proposed recency of experience requirements
in proposed paragraph (f), discussed later in this section.
Proposed paragraph (d) would be 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
individual check airmen's training record.
Proposed paragraph (e) would be added to clarify that airmen who do
not hold a medical certificate may perform check airmen functions, but
they may not serve as a crewmember under part 135 operations.
Proposed paragraph (f) would be 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.
Proposed paragraph (g) would be 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 proposed requirements for this section are virtually identical
to those in proposed Sec. 135.337 for check airmen. Additionally, this
proposed section would clarify that individuals who do 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)
Proposed paragraph (a)(1) would continue the current requirement
that, in order to serve as a check airman, a person must have completed
initial or transition check airman training. Additionally, proposed
paragraph (a)(2) would require an observation check of check airman
functions within the preceding 24 calendar months. The observation
check would be done in part or in full in an airplane, flight
simulator, or flight training device as appropriate. An FAA inspector
or an appropriate designated examiner could administer the observation
check. The FAA believes that the observation check requirement would
better ensure that check airmen maintain their qualifications and their
abilities to perform all other duties as appropriate for check airmen.
In proposed 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.
Proposed paragraph (c) of this section would cover 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 proposal.
Proposed paragraph (d) would be added to cover transition ground
training for check airmen. This proposed paragraph would separate
transition ground training requirements from initial ground training
requirements, but would impose no new requirements since transition and
ground training are currently required in Sec. 135.339(a)(6).
Proposed paragraph (e) would be added to cover initial and
transition flight training for pilot check airmen (aircraft). Proposed
paragraph (e) would contain requirements equivalent to those contained
in current Sec. 135.339(c), but would place greater emphasis on the
safety issues required during checking that would take place under
actual flight.
Proposed paragraph (f) would be added to allow all the flight
training provisions of proposed paragraph (e) to be accomplished in
full or in part in flight, in flight simulators, or in flight training
devices as appropriate. This would make 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 (paragraph (c)(2)) and the results of improper or untimely
safety measures (paragraph (c)(3) to be accomplished in an approved
flight simulator, but requires the training requirements of (c)(1) to
be conducted in flight. The FAA believes that this is appropriate
because of the proven effectiveness of flight simulator training.
Flight training devices will also be allowed to fulfill the training
requirements for these same reasons.
Proposed paragraph (g) would be added to establish initial and
transition flight training for check airmen (simulator). The proposed
requirements would 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 the
proposed paragraph, the training could be conducted in flight training
devices or flight simulators as appropriate. The proposed 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 proposed requirements for this section would be identical to
the provisions in proposed Sec. 135.339 except that the terms and
references would apply to flight instructors, the required observation
check would be an
[[Page 6902]]
observation check of instructor functions, and paragraph (c)(7) would
be added to include the current requirement for training in teaching
methods and procedures except for the holders of a flight instructor
certificate.
Regulatory Evaluation Summary
Proposed 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 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 proposed rule is not
``a significant regulatory action'' as defined in the Executive Order
and the Department of Transportation Regulatory Policies and
Procedures. This proposed rule would not have a significant impact on a
substantial number of small entities and would have no impact on
international trade. These analyses, available in the docket, are
summarized below.
Benefits and Costs
The requirements of this proposed rule will not impose any
additional cost on air carriers or other training entities currently
providing simulator training. These additional requirements are
generally 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 instructors that
conduct Line-Oriented Flight Training and Line Operational Evaluation
in simulators are required to be line qualified or line familiar and to
participate in a line observation program. This line observation
program is identical to that which is being proposed and, therefore,
this program would 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 would be incorporated into the Code of Federal
Regulations by this proposed rulemaking. Since the above policy and
practice exceed the proposed requirements, this rulemaking should not
impose any additional burden on the airline industry.
The proposed rule would afford 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 would 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
proposed rule should also reduce costs to the industry in that the
proposal would allow all initial and transition flight training for
check airmen and instructors to be conducted in the simulators or
training devices as opposed to the current in-flight requirement.
Accordingly, the FAA finds this proposed rule to be cost-beneficial
because it does not impose any additional cost on the aviation industry
and allows for less costly training of future pilots.
The FAA solicits comments from the public on the possible extent of
these cost savings.
Initial 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
proposed rule would not have a significant impact on a substantial
number of small entities.
International Trade Impact Assessment
This proposed 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 proposed rule are not likely to be
significant enough to affect the competitive position of domestic
concerns vis-a-vis foreign concerns.
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 proposal would
present if adopted. Any differences that may be presented in comments
to this proposal, however, will be taken into consideration.
Paperwork Reduction Act
The reporting and recordkeeping requirements associated with this
rule are being submitted to the Office of Management and Budget for
approval in accordance with 44 U.S.C. chapter 35 under DOT NO:new; OMB
NO: new; TITLE: Training and Qualification Requirements for Check
Airmen and Flight Instructors; NEED FOR INFORMATION: This information
is needed to maintain the training records of check airmen and
instructors; PROPOSED USE OF INFORMATION: This information will be used
to verify that check airmen and instructors have met the requirements
of the regulation; FREQUENCY: A short entry indicating that the check
airman or instructor has completed the observation; BURDEN ESTIMATE: It
is estimated that the total time burden will be approximately 1.3 hours
per year for an estimated 6000 respondents. The entries will be either
satisfactory or unsatisfactory or a check mark in the appropriate
space. No additional forms will be required and the time for making the
necessary entries will be negligible; RESPONDENTS: The FAA or
designated examiners or other check airmen will conduct the
observations and they are estimated to be appropriately 6000
individuals; FORM(s): No additional forms will be used. Entries will be
made on the standard training records required by Sec. 121.401(c) and
Sec. 135.323 (c); AVERAGE BURDEN HOURS PER RESPONDENT: 15 seconds per
individual every 2 years.
[[Page 6903]]
For further information contact: The Information Requirements
Division, M-24, Office of the Secretary of Transportation, 400 Seventh
Street SW., Washington, DC 20590, (202) 366-4735 or Edward Clark or
Wayne Brough, Office of Management and Budget, New Executive Office
Building, room 3228, Washington, DC 20503, (202) 395-7340.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Initial Regulatory Flexibility Determination
For further information contact: The Information Requirements
Division, M-24, Office of the Secretary of Transportation, 400 Seventh
Street SW., Washington, DC 20590, (202) 366-4735 or Edward Clark or
Wayne Brough, Office of Management and Budget, New Executive Office
Building, room 3228, Washington, DC 20503, (202) 395-7340.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Initial Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
proposed regulation is not significant under Executive Order 12866. In
addition, it is certified that this proposal, if adopted, 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 proposal 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, Air transportation, Aviation safety, Common carriers,
Safety, Transportation.
121 CFR Part 135
Air carriers, Air taxi, Air transportation, Aviation safety,
Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR parts 121 and 135 as follows:
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for part 121 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44701-44702, 44705,
44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912,
and 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:
(i) 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 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 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 that 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 flight crewmembers in operations under this part.
(f) A check airman (simulator) must, within the 12-month period
preceding the performance of any check airman duty, accomplish the
following in a flight simulator--
(1) Fly at least two flight segments as a required crewmember for
the type airplane involved; or
(2) Satisfactorily complete an approved line-observation program
that--
(i) Includes a minimum of two flight segments to observe the flight
operations of the specific type airplane on which the check airman
duties are to be performed;
(ii) Is conducted from a cockpit observer seat; and
(iii) Is representative of the certificate holder's operation (may
include ferry flights).
(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
[[Page 6904]]
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. 121.414:
(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 ratings required to serve as
a pilot in command, a flight engineer, or 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 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
serve 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;
(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 flight crewmembers in
operations under this part.
(f) A flight instructor (simulator) must, within the 12-month
period preceding the performance of any instructor duty in a flight
simulator--
(1) Fly at least two flight segments as a required crewmember for
the type of airplane involved (and must hold a Class I or Class II
medical certificate as appropriate); or
(2) Satisfactorily complete an approved line-observation program
that--
(i) Includes a minimum of two flight segments to observe the flight
operations of the specific type airplane on which flight instructor
duties are to be performed;
(ii) Is conducted from a cockpit observer seat; and
(iii) Is representative of the air carrier's operation (may include
ferry flights).
(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.
(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. The
observation check may be accomplished in part or in full in an
airplane, in a flight simulator, or in a flight training device.
(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 transition.
(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.
[[Page 6905]]
(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 (airplanes), 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 operator aircrew designated
examiner. The observation check may be accomplished in part or in full
in an airplane, in a flight simulator, or in a flight training device.
(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)--
(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--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
6. The authority citation for part 135 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44113, 44701, 44702, 44705,
44709, 44711-44713, 44715-44717, and 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;
[[Page 6906]]
(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 flight
crewmembers in operations under this part.
(f) A check airmen (simulator) must, within the 12-month period
preceding the performance of any check airman duty in a flight
simulator, accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved; or
(2) Satisfactorily complete an approved line-observation program
that--
(i) Includes a minimum of two flight segments to observe the flight
operations of the specific type, class, or category aircraft on which
the check airman duties are to be performed;
(ii) Is conducted from a cockpit observer seat or from the seat
closest to the flightcrew; and
(iii) Is representative of the certificate holder's operations (may
include ferry flights).
(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
calendar 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 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 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
(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;
(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 flight crewmember in operations
under this part.
(f) A flight instructor (simulator) must, within the 12-month
period preceding the performance of any flight instructor duty in a
simulator, accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved; or
(2) Satisfactorily complete an approved line-observation program
that--
(i) Includes a minimum of two flight segments to observe the flight
operations of the specific type, class, or category aircraft on which
flight instructor duties are to be performed;
(ii) Is conducted from a cockpit observer seat or the seat closest
to the flightcrew; and
(iii) Is representative of the certificate holder's operations (may
include ferry flights).
(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 revised 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--
[[Page 6907]]
(1) That person has satisfactorily completed initial or transition
check airman training; and
(2) Within the previous 24 calendar months, that person
satisfactorily conducts a proficiency or competency check under the
observation of an FAA inspector or an aircrew designated examiner. The
observation check may be accomplished in part or in full in an
aircraft, in a flight simulator, or in a flight training device.
(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 non-execution
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 previous 24 calendar months, that person
satisfactorily conducts instruction under the observation of an FAA
inspector, an operator check airman, or an operator aircrew designated
examiner. The observation check may be accomplished in part or in full
in an aircraft, in a flight simulator, or in a flight training device.
(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 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, flights
training devices, or both, to ensure competence to conduct the flight
instruction required by this part.
[[Page 6908]]
Issued in Washington, D.C., on February 15, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 96-3868 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-M
