[Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
[Rules and Regulations]
[Pages 13788-13791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7322]
[[Page 13787]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR parts 61, et al.
Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking
at Training Centers; Final Rule
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules
and Regulations
[[Page 13788]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 121, 135, and 142
[Docket No. 26933; Amendment Nos. 61-101, 121-263, 135-67, 142-1]
RIN 2120-AA83
Aircraft Flight Simulator Use in Pilot Training, Testing, and
Checking at Training Centers; Editorial and Other Changes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment makes minor revisions to correct editorial
errors. It also revises certain sections of regulations published on
July 2, 1996 (61 FR 34508), to make them consistent with the intent
expressed in the notice and final rule. These amendments will not
impose any additional restrictions on persons affected by these
regulations. This final rule implements new regulations that contain
certification and operating rules for training centers that will use
aircraft flight simulators and flight training devices for pilot
training, testing, and checking.
EFFECTIVE DATE: March 21, 1997.
FOR FURTHER INFORMATION CONTACT:
Warren Robbins, Airman Certification Branch (AFS-840), General Aviation
and Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
Telephone (202) 267-3842.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 1996, a final rule was published that implements new
regulations containing certification and operating rules for training
centers that will use aircraft flight simulators and flight training
devices for pilot training, testing, and checking (61 FR 34508). The
training center concept is intended to provide a common source for
standardized, quality training accessible to any individual or
corporate operator and air carriers.
This rule, in part, amended parts 61, 121, and 135, and added a new
part 142 to incorporate aircraft simulation use. Minor editorial
changes and minor modifications need to be made to some sections of
these amended parts.
Discussion of the Amendments
Part 61
Section 61.4 Qualification and approval of flight simulators and
flight training devices. This section is amended by consolidating
paragraphs (a), (b), and (c) into a single paragraph (a). Paragraph
(b), as amended, adds language that allows devices previously referred
to as ground trainers and pilot trainers to continue to be used to meet
various requirements of Secs. 61.56, 61.57, 61.65, and 61.29, to the
extent of their original approval. This was clearly the intent
expressed in the preamble to the final rule.
It should be noted that, under revised paragraph (b), only devices
qualified under Advisory Circular (AC) 61-66, ``Annual Pilot in Command
Proficiency Checks'' (superseded) may continue to be used to satisfy
requirements of Sec. 61.56. All other such devices, to be defined as
Level 1 Flight Training Devices in AC 120-45B, may be used only for the
purpose and number of credited hours for which they had received
acceptance or approval for use prior to August 2, 1996. Any such device
must be shown to function as originally designed for the original
approval to be valid. To be used for a different purpose or any
additional credit, each training device will have to meet Sec. 61.4(a)
and the implementing criteria in effect at the time.
Paragraph (c), as amended, adds clarifying language consistent with
the FAA's intent to allow, and continue to allow, certain devices not
qualified as a flight simulator or a flight training device to be used
for specific training, testing, or checking.
Section 61.51 Pilot logbooks. Paragraph (c)(2)(i) is revised to
add words indicating that when the pilot is ``the sole occupant of the
aircraft,'' he or she is the pilot in command of that aircraft. Removal
of this language was not intended to preclude such a pilot from logging
this time as pilot in command. This restores language that appeared in
the rule prior to Amendment 61-100, to avoid misinterpretation.
Section 61.55 Second-in-command qualifications. This section is
amended to correct an editorial error. Under paragraph (b)(3) the words
``the requirements of this paragraph (b)(3)'' are changed to read ``the
requirements of paragraph (b)(2)'' to provide the correct reference.
Section 61.56 Flight Review. This section is amended by
redesignating paragraph (e) as paragraph (d), and by reinstating
paragraph (e) as it was amended by Amendment 61-93 (58 FR 405620, July
28, 1993), subsequent to publication of the Notice of Proposed
Rulemaking (NPRM) that led to Amendment 61-100. This amendment aligns
the paragraph numbers to agree with the 1993 structure, and continues
the 1993 provision that a pilot who completes in the same timeframe a
phase of the FAA-sponsored pilot proficiency awards program (i.e.,
WINGS Program) in an aircraft need not accomplish a biennial flight
review.
Section 61.57 Recent flight experience: Pilot in command. This
section currently requires that persons pass an instrument competency
test in the category and class of aircraft involved. This section is
amended to debate the words ``and class'' which were inadvertently
inserted in paragraph (e)(2) in the NPRM. Although the addition of
``and class'' may be appropriate in other provisions, the FAA did not
intend to propose that the instrument competency check be taken in
specific class of aircraft. Instrument operations with various classes
of the same category are not sufficiently distinct to warrant separate
tests for each class.
Section 61.64 Additional aircraft ratings for other than airline
transport pilot certificates (for other than parts 121 and 135 use).
This section is amended by revising paragraph (b)(2), deleting
paragraph (c)(2), and renumbering paragraph (c)(3) as paragraph (c)(2).
Paragraph (b)(2), as revised, will reinstate the provision that the
holder of a category rating for a powered aircraft will not have to
take a knowledge test for an additional category rating. Paragraph
(c)(2) incorrectly required applicants for an added class rating to
take a knowledge test. These revisions correct language that was used
in the NPRM and Amendment 61-100, although there was no intention to
propose a change in the prior rule. An additional knowledge test is
unnecessary for adding a category or class rating. Where one powered
category rating is already held, the practical test is sufficient to
test any additional theoretical knowledge that the pilot may need for
the new category or class. Section 61.64(e)(10) is amended to revise
the reference to paragraph (e)(9) to read ``paragraph (e)(9)(ii),''
since paragraph (10) refers only to paragraph (e)(9)(ii).
Section 61.65 Instrumental rating requirements. Paragraph (g)(1) is
revised to delete the word ``any.'' This word was erroneously added in
Sec. 61.65(g)(1) prior to the phrase ``category, class, and type
aircraft that is certified for flight in instrument conditions.''
Allowing the use of any category, class, and type of aircraft during
the practical test (e.g., a helicopter being used for an airplane
instrument rating practical test) would not adequately establish the
applicant's qualifications.
Further under paragraph (g)(1), the phrase ``that is certified for
flight in
[[Page 13789]]
instrument conditions'' should not have been added. This wording
unintentionally precludes practical testing in some aircraft that may
not be certified for flight into instrument meteorological conditions
but which may be operated under instrument flight rules in visual
meteorological conditions (i.e., the flight is not conducted in weather
conditions that are less than minimums required for visual flight
rules). Therefore, this wording has been deleted.
Under paragraph (g)(2) the words ``required by this paragraph
(g)(2)'' are not needed and are therefore deleted.
Section 61.109 Airplane rating: Aeronautical experience. This
section is amended to correct an editorial error. A typographical error
that occurred when this final rule was printed rendered paragraph (f)
as paragraph (h). Therefore, paragraph (h) should be redesignated as
paragraph (f).
Section 61.129 Airplane rating: Aeronautical experience. Paragraph
(b) is revised to correct an error in formatting that raised confusion
as to whether the aeronautical experience provision of 100 hours of
pilot time in an airplane and the provisions that break down that
aeronautical experience requirement had been removed. Such a revision
was not proposed and was never intended. This experience is necessary
to ensure that the U.S. commercial pilot certificate meets
International Civil Aviation Organization (ICAO) standards. The amended
paragraph (b) avoids any confusion.
Section 61.157 Airplane rating: Aeronautical skill (for parts 121
and 135 use only). Paragraph (g) is revised to clarify that completion
of an air carrier pilot-in-command proficiency check satisfies the
requirement for demonstration of aeronautical skill only when the check
is evaluated by a designated examiner or FAA inspector, and only when
the check includes all maneuvers and procedures which are required for
the original type rating. This has been the FAA's long standing
interpretation of similar language in the flush paragraph which appears
at the end of Sec. 121.441(a), which states ``The satisfactory
completion of a type rating flight check under Sec. 61.157 of this
chapter satisfies the requirement for a proficiency check.'' The
intent, that a pilot-in-command proficiency check under these
conditions satisfies the demonstration of aeronautical skill for a type
rating, should be stated under Sec. 61.157(g), not in Sec. 121.441.
Therefore, this action will also amend Sec. 121.441 to delete that
redundant flush paragraph.
Section 61.197 Renewal of flight instructor certificates.
Paragraph (b) is revised to reinstate Amendment 61-95 (59 FR 17644,
April 13, 1994) that eliminated the requirement for 24 hours of ground
and flight training for a flight instructor refresher clinic. The 24
hour requirement had been erroneously reinserted by Amendment 61-100
(61 FR 34508). The revised paragraph will also allow any authorized
Flight Standards Inspector to renew a flight instructor certificate.
The paragraph is also revised to state that an applicant who is an
instructor or evaluator of a part 142 Training Center may renew a
flight instructor certificate, without the applicant accomplishing a
practical test. This addition makes explicit one kind of ``comparable
position involving the regular evaluation of pilots.'' Further,
language has been added to this section explicitly stating that
application for renewal must be made prior to the expiration date of a
current flight instructor certificate. This always has been implied by
this section.
Parts 121 and 135
Section 121.402 Training program: Special rules. Paragraph (a) of
this section is amended by adding the word ``flight'' before
``training, testing, and checking.'' Paragraph (a) was not intended to
require specialized training (e.g., hazardous materials training and
maintenance technician training) to be done by another certificate
holder or a part 142 Training Center.
Section 121.431 Applicability. Paragraph (a)(2) is revised to
change the reference from ``Secs. 121.411 and 121.413'' to
``Secs. 121.414.'' Also, Sec. 135.324 (Training Program: Special Rules)
is amended by revising paragraph (b)(4) to change the reference from
``Secs. 135.337 or 135.339'' to ``Secs. 135.337 through 135.340.''
These two sections need to be amended in order to be consistent with
the June 17, 1996 Amendment Nos. 121-257 and 135-64 (61 FR 30734) that
added new sections to parts 121 and 135 regarding qualifications, and
initial and transition training and checking requirements for flight
instructors.
Part 142
Section 142.11 Application for issuance or amendment. This section
is amended by deleting paragraph (e)(4) and redesignating paragraph
(e)(5) as paragraph (e)(4). Paragraph (e)(4), as adopted, referred to
Sec. 142.21; however, because Sec. 142.21 was a reserved section,
reference made to it under Sec. 142.11 is erroneous.
Section 142.53 Training Center instructor training and testing
requirements. This section is amended by inserting in paragraph
(a)(7)(ii) the words `` of a representative segment of each
curriculum'' This insertion is needed to preclude confusion that might
result from an interpretation that instructor testing must include all
maneuvers, in apparent contradiction with paragraph (a)(1), which
specifies that only a representative segment of each curriculum must be
checked.
Federalism Implications
The regulations do not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among
various levels of government. Thus, in accordance with Executive Order
12612, it is determined that such a regulation does not have federalism
implications warranting the preparation of a Federalism Assessment.
Paperwork Reduction Act
The information collection requirements associated with this rule
have already been approved. There are no further paperwork requirements
associated with this correction.
Good Cause Justification for Immediate Adoption
This amendment is needed to make editorial corrections and minor
clarifying revisions. Because the amendment is editorial in nature and
would impose no additional burden on the public, I find that notice and
opportunity for public comment before adopting this amendment is
unnecessary, and that good cause exists for making this amendment
effective in less than 30 days.
Conclusion
The FAA has determined that this regulation imposes no additional
burden on any person. Accordingly, it has been determined that the
action: (1) Is not a significant rule under Executive Order 12866; and
(2) is not a significant rule under Department of Transportation
Regulatory Policy and Procedures (44 FR 111034, February 26, 1979).
Also, because this regulation is editorial in nature, no impact is
expected to result, and a full regulatory evaluation is not required.
In addition, the FAA certifies that the rule will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects
14 CFR Part 61
Aircraft, Airmen.
[[Page 13790]]
14 CFR Part 121
Air Carriers, Aircraft Airmen, Aviation safety, Charter flights.
14 CFR Part 135
Air Taxis, Aircraft, Airmen, Aviation safety.
14 CFR Part 142
Administrative practice and procedure, Aircraft, Airmen, Drug
testing, Educational facilities, Reporting and recordkeeping
requirements.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 61, 121, 135, and 142 as follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
2. Section 61.4 is revised to read as follows:
Sec. 61.4 Qualification and approval of flight simulators and flight
training devices.
(a) Except as provided in paragraphs (b) and (c) of this section,
each flight simulator and each flight training device, for which any
airman is to receive credit for use in satisfying any training,
testing, or checking requirement under this chapter, must be qualified
and approved by the Administrator for--
(1) The training, testing, and checking for which it is used;
(2) Each maneuver, procedure, or crewmember function performed; and
(3) The representation of the specific category and class of
aircraft, type aircraft, and particular variation within type of
aircraft, or set of aircraft in the case of some flight training
devices.
(b) Any device found acceptable to, or approved by, the
Administrator prior to August 2, 1996, which can be shown to function
as originally designed, may be used for the same purposes for which it
was originally accepted or approved and to the extent of such
acceptance or approval only.
(c) The Administrator may, from time to time, approve devices other
than flight training devices or flight simulators for specific
purposes.
3. Section 61.51 is amended by redesignating (c)(2)(i)(B) as
paragraph (c)(2)(i)(C) and adding a new paragraph (c)(2)(i)(B) to read
as follows:
Sec. 61.51 Pilot logbooks.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) The sole occupant of the aircraft; or
* * * * *
4. Section 61.55 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 61.55 Second-in-command qualifications.
* * * * *
(b) * * *
(3) Except as provided in paragraph (b)(4) of this section, the
requirements of paragraph (b)(2) of this section may be accomplished in
a flight simulator that is--
* * * * *
5. Section 61.56 is amended by removing paragraph (d), revising
paragraph (e) and redesignating it as paragraph (d) and by adding new
paragraph (e) to read as follows:
Sec. 61.56 Flight review.
* * * * *
(d) An applicant who has, within the period specified in paragraph
(c) of this section, satisfactory completed a test for a pilot
certificate, rating, operating privilege, or a pilot proficiency check
need not accomplish the flight review required by this section if the
test was conducted by a person authorized by the Administrator, or
authorized by a U.S. Armed Force to conduct the test.
(e) A person who has, within the period specified in paragraph (c)
of this section, satisfactorily completed one or more phases of an FAA-
sponsored pilot proficiency award program in an aircraft need not
accomplish the flight review required by this section.
* * * * *
6. Section 61.57 is amended by revising paragraph (e)(2) to read as
follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(e) * * *
(2) A person who does not meet the recent instrument experience
requirements of paragraph (e)(1) of this section during the prescribed
time, or within 6 calendar months thereafter, may not serve as pilot in
command under IFR, or in weather conditions less than the minimums
prescribed in VFR, until that person passes an instrument competency
test in the category of aircraft involved, given by a person authorized
by the Administrator to conduct the test.
* * * * *
7. Section 61.64 is amended by revising paragraphs (b)(2), (c)(2),
and (e)(10) to read as follows:
Sec. 61.64 Additional aircraft ratings for other than airline
transport pilot certificates (for other than parts 121 and 135 use).
* * * * *
(b) * * *
(2) Unless the applicant holds a category rating for a powered
aircraft, pass the knowledge test applicable to the pilot certificate
and aircraft category and class rating sought, and;
* * * * *
(c) * * *
(2) Pass the practical test required for the pilot certificate
held, and required for the category and class rating sought.
* * * * *
(e) * * *
(10) An applicant meeting only the requirements of paragraph
(3)(9)(ii) of this section will be issued an added rating with a
limitation.
* * * * *
8. Section 61.65 is amended by revising paragraphs (g)(1) and
(g)(2) to read as follows:
Sec. 61.65 Instrument rating requirements.
* * * * *
(g) * * *
(1) The flight increment may be accomplished in the category,
class, and type of aircraft, as appropriate to the instrument rating
sought, or in a qualified and approved flight simulator or qualified
and approved flight training device.
(2) The practical test must include instrument flight procedures,
selected by the person authorized by the Administrator to conduct the
practical test, to determine the applicant's ability to perform
competently the IFR operations described in paragraph (c) of this
section.
* * * * *
9. Section 61.109 is amended by redesignating paragraph (h) as
paragraph (f).
10. Section 61.129 is amended by revising paragraph (b) to read as
follows:
Sec. 61.129 Airplane rating: Aeronautical experience.
* * * * *
(b) Flight time as a pilot. Except as provided in paragraph (c) of
this section, and applicant for a commercial pilot certificate with an
airplane rating must have at least the following aeronautical
experience.
(1) A total of a least 250 hours of flight time as a pilot that
includes at least 100 hours in powered aircraft including at least--
(i) Fifty hours in an airplane;
[[Page 13791]]
(ii) Ten hours of light instruction and practice given by an
authorized flight instructor in airplane having a retractable landing
gear, flaps, and a controllable pitch propeller; and
(iii) Fifty hours of flight instruction given by an authorized
instructor that includes at least 10 hours of instrument instruction of
which at least 5 hours must be in flight in airplanes, and 10 hours of
instruction in preparation for the commercial pilot practical test.
(2) The 250 hours of aeronautical experience of paragraph (b)(1) of
this section may include not more than--
(i) Except as provided in paragraph (b)(2)(ii) of this section, 50
hours of instruction in a flight simulator or flight training device,
if it was receiving from an authorized instructor; or
(ii) 100 hours of instruction in a flight simulator or flight
training device, if it was received from an authorized instructor in an
approved course conducted by a training center certificated under part
142 of this chapter.
* * * * *
11. Section 61.157 is amended by revising paragraph (g) to read as
follows:
Sec. 61.157 Airplane rating: Aeronautical skill (for parts 121 and 135
use only).
* * * * *
(g) Successful completion of a pilot-in-command proficiency or
competency check satisfies the requirements of this section for the
appropriate aircraft rating if that check--
(1) Complies with
(i) Section 121.441 of this chapter; or
(ii) The competency check requirements of Sec. 135.293 of this
chapter and Sec. 135.297 of this chapter: and
(2) Includes all maneuvers and procedures required for award of an
original type rating and is evaluated by a person designated by the
Administrator or an FAA inspector.
12. Section 61.197 is amended by revising paragraph (b) to read as
follows:
Sec. 61.197 Renewal of flight instructor certificates.
* * * * *
(b) A person who holds a current flight instructor certificate may
renew that certificate and its ratings without accomplishing a
practical test if that person makes application to an authorized FAA
Flight Standards Inspector prior to its expiration and provided the
following items are submitted.
(1) A record that shows that the applicant has satisfactory
knowledge of pilot training, certification, and standards, and shows
that, within the past 24 calendar months, the applicant has served--
(i) As a company check pilot;
(ii) As a chief flight instructor or assistant chief flight
instructor;
(iii) As a company check airman or flight instructor in a part 121
or part 135 air carrier operation;
(iv) As an instructor or evaluator in a part 142 Training Center;
or
(v) In a comparable position involving the regular evaluation of
pilots.
(2) A graduation certificate from an approved flight instructor
refresher course, consisting of ground training or flight training, or
both.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
13. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
Sec. 121.402 [Amended]
14. Section 121.402 is amended by adding the word ``flight'' before
``training'' in paragraph (a).
15. Section 121.431 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 121.431 Applicability.
(a) * * *
(2) Permits training center personnel authorized under part 142 of
this chapter who meet the requirements of Secs. 121.411 through 121.414
to provide training, testing, and checking under contract or other
arrangement to those persons subject to the requirements of this
subpart.
* * * * *
Sec. 121.441 [Amended]
16. Section 121.441 is amended by removing the following
undesignated paragraph at the end of paragraph (a)(2)(ii): ``The
satisfactory completion of a type rating flight check under Sec. 61.157
of this chapter satisfies the requirement for a proficiency check.''
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
7. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
18. Section 135.324 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 135.324 Training program: Special Rules.
* * * * *
(b) * * *
(4) Has sufficient instructor and check airmen qualified under the
applicable requirements of Secs. 135.337 through 135.340 to provide
training, testing, and checking to persons subject to the requirements
of this subpart.
PART 142--TRAINING CENTERS
19. The authority citation for part 142 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45103, 45301-45302.
Sec. 142.11 [Amended]
20. Section 142.11 is amended by removing paragraph (e)(4) and
redesignating paragraph (e)(5) as paragraph (e)(4).
21. Section 142.53 is amended by revising paragraph (a)(7)(ii) to
read:
Sec. 142.53 Training Center instructor training and testing
requirements.
(a) * * *
(7) * * *
(ii) On the subject matter and maneuvers of a representative
segment of each curriculum for which the instructor will be
instructing.
* * * * *
Issued in Washington, DC on March 18, 1997.
Barry L. Valentine,
Acting Administrator.
[FR Doc. 97-7322 Filed 3-19-97; 1:11 p.m.]
BILLING CODE 4910-13-M
