[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8776]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61 and 141
Renewal of Flight Instructor Certificates; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No. 27184; Amdt. Nos. 61-95 and 141-5]
RIN 2120-AF13
Renewal of Flight Instructor Certificates
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Aviation Regulations (FAR)
governing the renewal of flight instructor certificates by permitting
holders of flight instructor certificates to renew their certificates
by completing an approved number of hours of ground or flight
instruction, or both, in an approved flight instructor refresher course
(FIRC). The effect of this final rule will provide an equivalent level
of safety while reducing the financial burden placed on individual
flight instructors.
EFFECTIVE DATE: April 13, 1994.
FOR FURTHER INFORMATION CONTACT:
John Lynch, Regulations Branch (AFS-850), General Aviation and
Commercial Division, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; Telephone (202) 267-8150.
SUPPLEMENTARY INFORMATION:
Availability of Final Rule
Any person may obtain a copy of this final rule by submitting a
request to the Federal Aviation Administration, Office of Public
Affairs (APA-200), 800 Independence Avenue SW., Washington, DC 20591,
or by calling the Office of Public Affairs at (202) 267-3484.
Communications must identify the docket number of this amendment.
Background
The decision to amend the specific number of hours of instruction
that holders of flight instructor certificates must complete in an
approved FIRC to renew their certificates originated from a petition
for exemption submitted by the AOPA. The AOPA petitioned the Federal
Aviation Administration (FAA) for exemption from Sec. 61.197(c) of the
FAR to permit holders of flight instructor certificates to renew their
certificates by attending an approved FIRC of 16 hours of ground or
flight instruction, or both, in lieu of the current 24 hours required
by Sec. 61.197(e). The AOPA fully described its rationale in its
petition for exemption.
The FAA agreed with the AOPA's rationale in its petition for
exemption. There is a need to streamline current FIRCs to provide for a
condensed weekend renewal program. The majority of certificated flight
instructors maintain personal or professional responsibilities such
that weekend renewal is a needed option for the maintenance of their
certificate. The recent advances in instructional technology and
training techniques more than compensate for a reduction in classroom
time requirements. The innovative and interactive educational programs,
such as the AOPA's ``Trigger Tapes'' and ``Operation Airspace''
facilitating learning at the application level, allow for a reduction
in the amount of hours that holders of flight instructor certificates
must complete in an approved FIRC to renew their certificates while
maintaining the current level of safety.
The FAA determined, however, that rulemaking was necessary to
permit holders of flight instructor certificates to renew their
certificates by attending an approved FIRC of fewer hours of ground or
flight instruction, or both, than the 24 hours currently required by
the FAR. Therefore, the FAA decided that the appropriate response to
the AOPA's petition for exemption was to propose a change to the
existing regulations. The FAA concluded that the current level of
safety would be maintained and was appropriate in light of the recent
advances in instructional technology and training techniques. In
addition, the FAA determined that the option to specify the number of
hours of instruction through an FAA approval, as part of the approved
renewal program, will offer substantial benefits to the aviation
community; specifically, it will eliminate the burden of the longer 24
hour course, mitigate the current decline in instructional resources,
and offer financial advantages to individual flight instructors. For
example, approval of AOPA's 16 hour course will allow a 1 day reduction
in travel expenses to individual flight instructors saving an average
per diem cost of $100.
The AOPA petition for exemption was published in the Federal
Register on March 17, 1993 (58 FR 14466). The FAA received two comments
on the petition of which both comments voiced support. After review of
the petition and the submitted comments, the FAA concluded that while
the petition had considerable merit, the AOPA was not unique in its
position. Therefore, on September 17, 1993, the FAA issued Notice No.
93-11 (58 FR 48748) that proposed to permit holders of flight
instructor certificates to renew their certificates by completing an
approved number of hours of ground or flight instruction, or both, in
an approved FIRC.
Discussion of Public Comments
A. General
The FAA received 47 comments in response to Notice No. 93-11,
mostly from certified flight instructors (CFI's). The following
organizations also submitted comments: Aircraft Owners and Pilots
Association (AOPA), AOPA Air Safety Foundation, Arizona Pilots
Association, Embry-Riddle Aeronautical University, Gaits Aviation
Seminars, Inc., Hoffman Pilot Center, Inc., Richmor Aviation, Skylanes,
Inc., and Wisconsin Department of Transportation.
Thirty-three commenters, including the Arizona Pilots Association,
Embry-Riddle Aeronautical University, Gaits Aviation Seminars, Inc.,
Skylanes, Inc., and the Wisconsin Department of Transportation support
the proposal to amend Sec. 61.197(c) of the FAR by permitting holders
of flight instructor certificates to renew their certificates by
completing an approved number of hours of ground or flight instruction,
or both, in an approved FIRC.
Three commenters, including the AOPA and the AOPA Air Safety
Foundation, indicate that while they agree with the proposal to amend
the specific number of hours of instruction that holders of flight
instructor certificates must complete in an approved FIRC to renew
their certificates, they believe that 16 hours should be the minimum
number of hours in an approved FIRC and that this minimum requirement
should be written into the rule to avoid any misinterpretation. The FAA
has determined that instructional technology and training techniques
will continue to change and develop over time. Therefore, the FAA has
concluded that the appropriate response is not to state the specific
number of hours in the rule, which may change over time, but to address
the standards and recommended number of hours required for an approved
FIRC through an Advisory Circular that the FAA will develop to ensure
that a high level of safety is maintained.
Hoffman Pilot Center, Inc. and one other commenter are opposed to
reducing the number of hours currently required in an approved FIRC.
Hoffman believes that reducing the number of required hours in an
approved FIRC to 16 hours is a marketing ploy rather than an accurate
accounting for the changing information in the aviation industry. The
other commenter believes the current 24-hour requirement is inadequate
and that by going to a reduced number of hours in an approved FIRC
would only serve to make the entire FIRC class ``one large video
program.'' The FAA has determined that reducing the amount of hours
that holders of flight instructor certificates must complete in an
approved FIRC to renew their certificates will not have an adverse
effect on safety. The FAA has concluded that the recent advances in
instructional technology and training techniques allow for a reduction
in the specific number of hours in an approved FIRC while maintaining
the current level of safety.
B. Cost Impact
One commenter feels that the FAA overestimated the value of flight
instructor time; in the economic evaluation the FAA assumed that a
flight instructor earned approximately $20 per hour, the commenter
believes it is more like $11 per hour. The FAA has determined that
while some flight instructors earn $11 per hour, other flight
instructors earn $35 per hour. The FAA has concluded that on the
average a flight instructor earns $20 per hour and that this is a
reasonable number.
C. Recommendations
Richmor Aviation and one other commenter agree with the proposal to
allow for approval of the number of hours of instruction that holders
of flight instructor certificates must complete in an FAA approved FIRC
to renew their certificate but points out that a parallel provision in
Sec. 141.79(c) also needs to be amended to be consistent with
Sec. 61.197(c). Section 141.79(c) requires each chief flight instructor
in an approved FAA part 141 school, to complete at least once each 12
months, a flight instructor refresher course consisting of not less
than 24 hours of ground or flight instruction, or both. While
Sec. 141.79(c) deals with a school setting as opposed to
Sec. 61.197(c), which deals with the individual, the FAA has determined
that it is a parallel provision with identical issues as those
presented in Notice No. 93-11. Therefore, to afford part 141 chief
flight instructors the benefits given to part 61 flight instructors,
the FAA will make a conforming amendment to Sec. 141.79(c) that will be
reflected in this final rule. The FAA has concluded that under Section
4(a) of the Administrative Procedures Act (APA), 5 U.S.C. 553(a), the
notice and public comment requirements of Section 553(b) of the APA are
unnecessary.
D. Additional Comments
The FAA received two comments that requested revisions to the rule
that are beyond the scope of the notice. One commenter supports the
proposal only if a flight check also is required for renewal of a
flight instructor certificate because requiring classroom time without
a flight check does not ensure that the flight instructor can apply the
knowledge learned from the classroom. Another commenter is opposed to
the proposal on the grounds that safety would be better served if the
flight instructor were required to demonstrate competency in an
aircraft for renewal of the flight instructor certificate, as opposed
to classroom time.
One commenter requests that the word ``she'' be taken out of the
amended rule language in Sec. 61.197(c), and one commenter suggests
that the FAA should form a task group to study technology advancements
in education and their applicability to the FIRC's. Both commenters
agree with the proposal to allow for approval of the number of hours of
instruction that holders of flight instructor certificates must
complete in an FAA approved FIRC to renew their certificate.
International Civil Aviation Organization and Joint Aviation
Regulations
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because flight instructor certification requirements have
virtually no bearing on flight operations internationally.
Paperwork Reduction Act
This final rule will not change reporting requirements. Therefore,
in accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no additional requirements for information collection
associated with this final rule.
Economic Evaluation
This section contains the full regulatory evaluation prepared by
the FAA that provides information on the economic consequences of this
regulatory action. This evaluation quantifies, to the extent
practicable, estimates of the costs and benefits to the private sector,
consumers, and Federal, State, and local governments.
Executive Order 12866, dated September 30, 1993, directs Federal
agencies to promulgate new regulations or modify existing regulations
only if benefits to society for each regulatory change outweigh
potential costs. The order also requires the preparation of an economic
analysis of all ``significant regulatory actions'' except those
responding to emergency situations or other narrowly-defined
exigencies.
The FAA has determined that this rule is not significant.
Therefore, a full regulatory analysis that includes the identification
and evaluation of cost-reducing alternatives to the rule has not been
prepared. Instead, the agency has prepared a more concise regulatory
evaluation that analyzes only this rule without identifying
alternatives. In addition to the regulatory evaluation, this section
also contains a regulatory flexibility determination required by the
1980 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and an
international trade impact assessment. Accordingly, the FAA makes the
following economic evaluation of this rule. Based on the results of its
investigation, the FAA has concluded that this final rule is cost-
beneficial.
Benefit-Cost Analysis
Current holders of flight instructor certificates may renew their
certificates if they successfully complete an approved FIRC consisting
of not less than 24 hours of ground or flight instruction, or both. The
FAA has determined, however, that recent advances in instructional
technology and training techniques allow for a reduction in the number
of required instruction hours without compromising safety. The FAA will
develop the standards and recommended number of hours required for an
approved FIRC. This will be done to ensure that a high level of safety
is maintained.
The benefits of this rule are the cost savings from the reduction
in required instructional hours and travel expenditures for the
affected flight instructors. For example, approval of AOPA's 16 hour
course would allow a 1 day reduction in travel expenses to individual
flight instructors: assuming an average per diem cost of $100 and that
two-thirds of the annual average of 20,000 flight instructors renewing
their certificates through FIRCs would have to travel out of town, the
industry could realize an annual savings of $1.3 million in per diem
travel expenses. There also will be a reduction in foregone earnings.
Assuming a flight instructor earns $20 per hour and provides 4 to 8
hours of instruction per day, the reduction in foregone earnings would
be between $1.6 million and $3.2 million annually. In addition, the FAA
believes that individual flight instructors will realize a savings in
the cost of the FIRC by the reduction in the number of required
instruction hours.
There will be no incremental costs associated with this final rule
since the number of instruction hours required in a FIRC would be
relaxed. The FAA has concluded that there will be no degradation of
safety as any reduction in instructional hours would be the result of
advances in instructional technology and training techniques. The FAA
believes that it is the content of the FIRC, not the specific number of
hours of instruction in that FIRC, that is important to safety.
Therefore, the FAA has concluded that the final rule is cost-
beneficial.
International Trade Impact Analysis
This final rule will have a negligible impact on trade
opportunities for U.S. firms doing business overseas or on foreign
firms doing business in the U.S. The final rule primarily affects
certificated flight instructors, not businesses involved in the sale of
aviation products or services.
Regulatory Flexibility Determination
The final rule will not have a significant economic impact,
positive or negative, on small entities. Flight instructors, rather
than small entities, will be affected by this final rule. Where a
flight instructor is also the sole proprietor of a small business, and
exercises the privileges of his or her certificate in operations that
are incidental to that business, the final rule will have a negligible
impact.
Federalism Impact
The regulations adopted herein will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
amendment does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
final rule is not significant under Executive Order 12866. In addition,
the FAA certifies that this final rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act. This
rule is not considered significant under Department of Transportation
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
For this reason, it has been determined that the expected economic
impact of this amendment is so minimal that a full Regulatory
Evaluation is not warranted.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Recreation and recreation areas, Reporting and
recordkeeping requirements.
14 CFR Part 141
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.
The Rule Amendments
Accordingly, pursuant to the Authority delegated to me, the FAA
amends 14 CFR parts 61 and 141 of the Federal Aviation Regulations as
follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
1. The authority citation for part 61 is revised to read as
follows:
Authority: 49 U.S.C. Appendix 1354(a), 1355, 1421, 1422, and
1427; 49 U.S.C. 106(g).
2. Section 61.197 is amended by revising paragraph (c) to read as
follows:
Sec. 61.197 Renewal of flight instructor certificates.
* * * * *
(c) He or she has successfully completed, within 90 days before the
application for the renewal of his or her certificate, an approved
flight instructor refresher course consisting of ground or flight
instruction, or both.
PART 141--PILOT SCHOOLS
3. The authority citation for part 141 is revised to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355, 1421, 1422, 1427, and
1655(c).
4. Section 141.79 is amended by revising paragraph (c) to read as
follows:
Sec. 141.79 Flight instruction.
* * * * *
(c) Each chief flight instructor must complete at least once each
12 months, an approved flight instructor refresher course consisting of
ground or flight instruction, or both.
* * * * *
Issued in Washington, DC, on April 6, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-8776 Filed 4-12-94; 8:45 am]
BILLING CODE 4910-13-M
