[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34508-34568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16432]
[[Page 34507]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 1, et al.
Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking
and at Training Centers; Final Rule
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules
and Regulations
[[Page 34508]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 61, 91, 121, 125, 135, 141, 142
[Docket No. 26933; Amendment No. 1-45, 61-100, 91-251, 121-259, 125-27,
135-63, 141-7, 142; SFAR-58-2]
RIN 2120-AA83
Aircraft Flight Simulator Use in Pilot Training, Testing, and
Checking and at Training Centers
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: 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. This rule will increase the use of
flight simulators and flight training devices by permitting their use
for most airman certification training, testing, and checking tasks.
This use of simulation for training, testing, and checking is more
liberal than that currently permitted under the Federal Aviation
Regulations. The training center concept will provide a common source
for standardized, quality training accessible to any individual or
corporate operator and air carriers. This action is consistent with a
state-of-the-art training concept and recognizes industry
recommendations for the expanded use of sophisticated flight
simulation. The new rule also adds regulations regarding Category III
instrument landing system operations.
EFFECTIVE DATE: This final rule is effective August 1, 1996.
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) 267-8196.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
Any person may obtain a copy of this final rule by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling (202) 267-9677. Communications must identify the notice number
of this final rule.
Persons interested in being placed on the mailing list for future
rules should request from the above office a copy of Advisory Circular
No. 11-2A which describes the application procedure.
Background
Flight simulation technology has shown enormous advancement during
the past 30 years. The Federal Aviation Administration (FAA) has
permitted greater use of aircraft flight simulators and flight training
devices in training, testing, and checking airmen. The increased
complexity and operating costs of the modern turbine-powered aircraft
and the current operating environment have created an even greater need
for the use of flight simulators and flight training devices. In many
cases, flight simulators have proven to provide more in-depth training
than can be accomplished in the aircraft. The use of flight simulators
and flight training devices in lieu of aircraft has resulted in a
reduction in air traffic congestion, noise and air pollution, and
training costs. The increased use of flight simulators is also
consistent with the national policy for fuel conservation.
Flight simulators provide a safe flight training environment. They
may reduce the number of training accidents by allowing training for
emergency situations, such as fire, total loss of thrust, and systems
failures, that cannot be safely conducted in flight. The FAA has
traditionally recognized the value of flight simulation and has awarded
credit for the completion of certain required training, testing, and
checking by use of simulation.
The first aircraft flight simulators approved by the FAA were
relatively unsophisticated and were authorized for only a limited
number of maneuvers and procedures. As flight simulator technology
developed, the FAA expanded the use of flight simulators but still
required students to perform a number of maneuvers in an aircraft.
Among these were takeoffs, landings, taxiing, and some approaches.
In Amendment No. 121-55 (35 FR 84; January 3, 1970), the FAA
revised parts 61 and 121 to authorize the use of flight simulators and
flight training devices for airman training, testing, and checking.
This use applied only to part 121 air carriers.
In Amendment No. 61-60 (38 FR 3156; February 1, 1973), the FAA
authorized the Sec. 61.58 proficiency check for the pilot of an
aircraft requiring more than one pilot to be accomplished in its
entirety either in an airplane or in a flight simulator or flight
training device. In alternating 12-month periods, the proficiency check
consists of maneuvers and procedures that may be performed in a flight
simulator or flight training device as set forth in appendix F of part
121.
Subsequently, the FAA issued Amendments 61-62 and 121-108 (38 FR
35443; December 28, 1973), effective December 19, 1973. These
amendments, in part, revised parts 61 and 121 by authorizing certain
maneuvers and procedures of the pilot-in-command proficiency check to
be performed in an approved visual flight simulator, if the pilot being
checked accomplished two landings in an airplane of the same type.
The FAA issued Amendments 61-69 and 121-161 (45 FR 44176; June 30,
1980), effective July 30, 1980, that further expanded the use of
advanced flight simulators for air carriers. Amendments 61-69 and 121-
161 formed the basis of the Advanced Simulation Plan, which included
Phase I, II, IIA, and III flight simulators (part 121, appendix H).
Since the infancy of simulation training, the training roles of
several elements of the aviation community have expanded, most notably
those of part 121 and part 135 certificate holders providing training
for other certificate holders. Also, aircraft manufacturers are
providing more simulation training now than they did in the past. This
expansion has led to an ever-increasing need to issue exemptions.
In June 1988, the FAA received from a joint industry/FAA task force
1 several recommendations on the expanded use of flight simulators
in new and innovative training programs. The recommendations included
(1) Establishing a training center certificate for a separate training
entity certificated to conduct training, testing, and checking under 14
Code of Federal Aviation Regulations parts 61, 63, 91, 121, 125, 135,
and 141; (2) centralizing an approval process for course programs and
check airmen at the national level, with local approvals only for
specialty (local or unique) courses; and (3) expanding and
standardizing the use of flight simulators and flight training devices,
while at the same time providing relief from certain provisions of part
121, appendix H. The task force recommended single point oversight of a
certificate by the FAA (instead of separate Flight Standards District
Offices (FSDO's) approving centers in
[[Page 34509]]
their geographic areas), defining training center recordkeeping
requirements, and providing relief from the medical certificate
requirements for instructors and check airmen conducting training in
only flight simulators and flight training devices. The task force
submitted aircraft manufacturer recommendations as an addendum
recommending that a manufacturer's training center provide the initial
operating experience (IOE) for air carriers.
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\1\ This task force was later subsumed by the Air Transportation
Personnel Training and Qualifications Advisory Committee,
established by FAA Order 1110.115, May 2, 1990. Today it continues
to function as an issues area by the same name under the Aviation
Rulemaking Advisory Committee.
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In April 1989, this task force examined the role of training
centers that provide training, testing, and checking for air carrier
and general aviation pursuant to contracts, particularly training using
flight simulators and flight training devices. This task force, which
was comprised of aviation representatives from special interest groups,
aircraft manufacturers, air carriers, university flight departments,
and training centers such as SimuFlite, FlightSafety International, and
Northwest Aerospace Training Corporation, examined flight simulation
instructor and evaluator issues, including prerequisites; initial and
recurrent training; requirements for current medical certificates;
necessary in-flight experience; training center issues such as
recordkeeping, facilities, and equipment; and the training program
approval process.
The formal recommendations of this task force were forwarded to the
FAA in October 1989. Essentially, the task force recommended that the
FAA standardize the use of flight simulators and flight training
devices, provide a means to certificate entities called training
centers, and permit the training centers to apply for national approval
of core curriculums that could be used by individuals receiving
training under parts 61, 121, 125, and 135. Following receipt of the
recommendations, the FAA appointed an internal working group to
consider the recommendations.
The FAA working group concurred with most of the recommendations of
the task force and recommended that the FAA undertake a rulemaking
project that would include the concept of a certificated training
center.
Related Activity
Several other FAA rulemaking projects address some of the same
sections of 14 Code of Federal Regulations (14 CFR) that are revised in
this rule; however, this rulemaking addresses those sections as they
relate to the use of simulation.
Special Federal Aviation Regulation (SFAR) No. 58, ``Advanced
Qualification Program,'' (Amendment 61-88, effective October 2, 1990,
55 FR 40262) allows air carriers conducting training and testing under
part 121 or part 135 to develop innovative approaches to training. Most
AQP training programs will involve the use of simulation.
Three projects, listed below, are final rules that the FAA expects
to issue soon:
``Pilot, Flight Instructor, Ground Instructor, and Pilot
Certification Rules,'' proposed on August 11, 1995 [60 FR 41160],
revises parts 61, 141, and 143.
``Training and Qualifications Requirements for Check Airmen and
Flight Instructors,'' proposed on February 22, 1996 [61 FR 6898],
changes certain provisions of Secs. 121.411, 121.413, 135.337, and
135.339.
``Part 121; Appendix H, Advanced Simulation Plan Revisions,''
proposed on February 14, 1995 [60 FR 8490], updates and revises
appendix H of part 121.
Discussion of the Amendments and the New Rule
General
This final rule addresses the following: (1) The creation of a new
part 142 that contains certification rules and operating rules for
training centers; (2) an expanded use of, and credit for, training,
testing, and checking conducted in flight simulators and flight
training devices in accordance with approved programs conducted at
training centers to satisfy all or some of the requirements of SFAR 58,
part 61, part 121, part 125, or part 135; and (3) new rules pertaining
to Category III authorizations.
The advantage of the training center concept is that it is a common
source for standardized, quality training, testing, and checking
accessible to any individual, operator, and air carriers. Program
approval will be standardized through national guidance, which should
prove especially helpful for training centers operating in different
FAA regions. The rules applicable to training centers apply nationwide,
and training programs, except specialty training courses, are subject
to approval by local FAA offices only after detailed review for
compliance with national guidance. A key concept in the proposal is
standardization of certain elements of training programs, notably: the
extent of the use of simulation, the prerequisites for the use of
simulation for specific tasks, and simulation instructor and evaluator
qualifications.
The FAA proposed a national office to ensure standardization in
simulation training. Several commenters supported the proposal to
create a national office for standardization purposes. The FAA has
decided not to create a national office at this time, however. In the
present economic environment, government is increasingly exploring
alternative methods of accomplishing many of its missions.
Additionally, the FAA subscribes to the concept of decentralization of
government to make it more responsive to the users, and accomplishing
the objectives of this rulemaking without a national office is
consistent with the precept of government decentralization. The FAA is
convinced that it can attain and maintain the concept of
standardization of simulation training by means more economical than
creating a national office.
Detailed guidance will be provided to FAA inspectors and potential
training center certificate applicants in the form of handbooks,
advisory circulars, and FAA orders. The Flight Standards Service will
appoint an ad hoc group of several persons from within existing
resources with experience in subjects related to simulation training
centers. The ad hoc group will process the initial certificate
applications, training specifications, and curriculum approvals. It
will ensure that those approvals are standardized nationally and that
they represent a smooth transition of existing training programs to the
new training regulations.
The Flight Standards Service also will train all its inspectors on
features of part 142 training centers. It will provide detailed
training to those inspectors who will have training center oversight
responsibilities and to Principal Operations Inspectors (POI's) of air
carrier certificate holders that may use a training center.
After the steps outlined above are accomplished and the initial
workload of certificate applications is completed, the ad hoc group
will be dissolved, and approval of training center certificate
applications and oversight of training centers will be decentralized in
accordance with existing FAA structure and management practices.
This rule does not take away any of the uses for flight training
devices currently allowed by 14 CFR, and will have no adverse impact on
the airmen who use flight simulation. Providers of flight simulation
training, testing, and checking under part 142 will come under new
regulatory controls that will enhance the use of qualified flight
simulation in approved training programs. The changes are consistent
with a state-of-the-art training concept, and they recognize industry
[[Page 34510]]
recommendations for the expanded use of sophisticated flight
simulation. The FAA has determined that, if a student has prerequisite
experience, a qualified flight simulator or flight training device used
in an approved training program will provide for an effective transfer
of skills to the actual aircraft.
In this rule, the FAA implements the joint industry/FAA task force
recommendations concerning training centers by using an operational
concept that requires a training center to obtain a certificate plus a
training specification (similar to an operating specification for part
121 and part 135 operators). This approach will add flexibility to
accommodate changing conditions without changing the certificate
itself.
Part 142 allows training centers that do not hold a part 121 or
part 135 operating certificate to use approved flight simulators and
approved flight training devices for airman training, testing, and
checking. This rule also changes certain sections of parts 61, 121,
125, and 135 to provide a mechanism for crediting training, testing,
and checking in flight simulators toward some of the aeronautical
experience, testing, and checking requirements of 14 CFR. Part 121 and
part 135 certificate holders will continue to train personnel under
those parts; however, those certificate holders will be required to
acquire a part 142 training certificate in order to conduct training,
testing, and checking for persons not subject to those parts.
The authority to issue pilot certificates and the provisions
permitting certain training, testing, and checking in a flight
simulator or flight training device, rather than in an aircraft,
remains in part 61.
Part 142 regulates training center certification and operation to
ensure that qualified flight simulators or flight training devices are
used in conjunction with approved courses and curricula. The benefits
of completing a course of standardized instruction in a structured
training environment, and in a timeframe that allows for a building-
block approach to learning, has been recognized and is reflected in the
part 141 flight experience prerequisites for pilot certificates. Thus,
part 141 flight experience requirements were used as the basis for many
of the part 142 initial requirements.
Part 141 Pilot Schools
Pilot schools certificated under part 141 may continue to operate
as they do now. Certification of new pilot schools will also continue
under part 141. A part 141 pilot school wishing to use a Level A
through Level D flight simulator for more than the hours currently
allowed in a pilot ground trainer as described in Sec. 141.41(a)(1),
however, will have to become certificated under part 142. (See Advisory
Circular (AC) 120-40, Airplane Simulator Qualification, as amended, for
the current descriptions of levels of flight simulators).
This rule does not include an increase in credits for use of
simulators except in the structured environment created by part 142, or
as may be individually approved for an air carrier. Part 141 pilot
schools that desire to undertake training by use of more sophisticated
simulation, in addition to training accomplished by aircraft and flight
training devices, may become training centers certificated under part
142. They would apply for certification and course approval under part
142 in the same manner as other applicants.
Advanced Qualification Program (AQP)
This final rule has minimal impact on AQP. It provides the
administrative structure for presentation of AQP to any group other
than aircrews subject to a part 121 or part 135 approved training
program who might receive the AQP training exclusively from their
employing certificate holder. All AQP approval criteria, application
procedures, instructor qualifications, recordkeeping, and data
collection procedures, among others, remain as they are described in
SFAR 58 or its superseding rules.
This final rule changes the definition of a training center that
appears in SFAR 58 to make it compatible with that term as used in part
142; provides that trainers other than part 121 or part 135 certificate
holders presenting an approved AQP to their aircrew employees will have
to do so under a part 142 certificate; and allows persons other than
part 121 or part 135 certificate holders to present training under AQP
if that training is approved in accordance with SFAR 58.
Specific relationships between training center certificate holders
and holders of AQP authorizations, and of training center certificate
holders who become holders of AQP authorizations, are discussed in the
section of this document entitled ``Section-by-Section Summary of the
Comments'' which follows.
Terms
In response to comments, the FAA has either added or revised terms
to expand and clarify the final rule. Each modification of a term or
word is discussed in the ``Section-by-Section Summary of the
Comments.'' A summary of the important new terms and words is provided
below.
Flight Simulator
Section 61.2 defines a flight simulator. In the past, the terms
``simulator'' and ``training device'' have created confusion, so they
are more clearly defined under this section. As defined, the terms make
clear those devices that are not considered a flight simulator or a
flight training device for purposes of this part.
In this final rule, a flight simulator is defined as a full-sized
replica of a specific type or make, model, and series aircraft cockpit,
including the equipment and programs necessary to represent the
aircraft in ground and flight operations. As defined, a flight
simulator also includes a force cueing (motion) system providing cues
at least equivalent to a three-degree of freedom motion system. A
flight simulator is a device that is approved by the Administrator for
uses that may lead to credit for aeronautical experience, required
training, testing, or checking.
Devices such as airborne ILS simulators, ground trainers,
instrument trainers, and flight trainers are not considered flight
simulators or flight training devices under this part unless
specifically evaluated and approved as such by the Administrator.
Flight Training Device
In several sections in this rule, flight training devices are
listed with aircraft and flight simulators as permitted flight training
equipment for various training, testing, or checking tasks of pilots,
although no flight training device may exist for some tasks. The FAA
intends to allow the possibility of approving flight training devices
for training, testing, and checking a wide variety of tasks to allow
and encourage the development of flight training devices in the future.
By permitting the possibility of a wide variety of uses for flight
training devices, which are generally less expensive than flight
simulators, the FAA hopes to encourage the growth of simulation.
Section 61.2 defines a flight training device as a replica of an
aircraft's instruments, equipment, panels, and controls that is located
in an open flight deck area or in an enclosed aircraft cockpit. This
definition includes the equipment and programs necessary to represent
the aircraft in ground operations and flight conditions. As defined, a
flight training device is not required to have a force cueing or visual
system. However, like a flight simulator, a flight training device is a
device that requires approval by the Administrator
[[Page 34511]]
for all uses that may lead to credit for aeronautical experience,
required training, testing, and checking.
Category III Operations
This rule recognizes that technological advances permit aircraft
operated under part 91 to conduct Category III extreme reduced
visibility landing approaches. Part 91, specifically Sec. 91.191 and
91.205, proposed to include implementing requirements to conduct
Category III operations. Part 61 has been amended to specify the
training and testing requirements for Category III operations. Part 1,
Sec. 1.1, Category III approaches.
Simulated Instrument Flight Rules (IFR) Conditions
Some airmen have expressed concern about the meaning of the terms
``simulated IFR conditions'' or ``simulated instrument conditions'' in
part 61. There appears to be confusion over whether these conditions
can be achieved by the use of hood devices only. These terms are used
throughout the 14 CFR to mean that instrument conditions may be
simulated by artificially limiting pilot visibility outside the
cockpit. Pilot visibility can be limited by a hood device, by
artificially limiting visibility in an approved flight simulator or
flight training device, or by other appropriate means. Section 61.45
permits the artificial limitation of visibility by these various means.
Tests and Checks
Generally, this rule uses the word ``test'' in lieu of the word
``check.'' Specifically, this rule uses the terms ``initial test,''
``recurrent test,'' and ``practical test.'' These terms refer to an
examination, whatever its nature, on which the applicant receives a
grade, even though the grade may be only ``pass'' or ``fail.''
An exception is found in Sec. 61.58 that requires a ``proficiency
check'' for a pilot in command (PIC) of an aircraft. A ``proficiency
check'' is one type of periodic review of a pilot's proficiency as a
PIC, whereas an initial test determines that pilot's qualification to
be a pilot. Thus, when referring to this type of requirement, the FAA
believes that the word ``check'' is more appropriate.
Aircraft
Prior to this rule, the only flight simulators referred to in the
regulations were airplane simulators. The word ``aircraft'' is used
throughout this rule, however, to indicate that the rule applies to
training, testing, and checking in helicopters as well as in airplanes.
When a requirement is meant to apply to only a particular category or
class of aircraft, the appropriate category or class, such as
``airplane,'' ``rotorcraft,'' or ``helicopter,'' is specified.
Normal Landings and Normal Takeoffs
The terms ``normal landing'' and ``normal takeoff'' are used in
several places in the new or amended sections of part 61. ``Normal'' is
meant to describe maneuvers that are not emergency maneuvers or those
that are not done under abnormal conditions. A ``normal'' takeoff or
landing includes those: (1) With different flight path angles, from
steep to shallow; (2) with different configurations, such as flaps down
or up; (3) to or from different surfaces, such as sod, concrete, and
wet or slushy surfaces, or (4) made under various other circumstances
that may be described in an aircraft flight manual. An emergency
takeoff or landing is not a ``normal'' takeoff or landing. A takeoff or
landing is not ``normal'' if it is labeled ``abnormal'' by the aircraft
flight manual.
Easily Reached Controls
There has been some question about the meaning of the term ``easily
reached and operable in a normal manner'' which appeared in Sec. 61.45.
This term, as amended, means that controls that are ``easily reached''
are those that can be reached by any airman or applicant seated in a
designated pilot seat, with seat belts, shoulder harness, or other
provided restraints fastened.
Conventional Manner
This rule also changes the term ``normal manner,'' as it refers to
the operation of an aircraft, to ``conventional manner'' and defines
this term. This new definition should eliminate potential confusion
associated with the use of such terms as ``normal,'' ``abnormal,'' or
``emergency'' performance. These different terms appear in many
aircraft flight manuals and training curriculums. As used in this rule,
in order to perform a normal, abnormal, or emergency maneuver in a
``conventional manner,'' an applicant must use an aircraft that is
equipped with one of the following: (1) A control wheel, stick, yoke,
or cyclic control that in cruise flight, and in a forward movement,
causes a decrease in pitch attitude, and rearward pressure causes an
increase in pitch attitude; a left movement causes a bank to the left,
and a movement to the right causes a bank to the right; and (2) rudder
pedals or antitorque pedals which, when depressing the left pedal,
cause the aircraft nose to yaw left and, when depressing the right
pedal, cause the nose to yaw right. Aircraft with controls that operate
differently than described above may still be used for a practical
test, if the examiner determines that the flight test can be conducted
safely in the aircraft.
Training Center
The characteristics of a training center are addressed in section 2
of SFAR 58 and several sections of part 142. Generally, it is defined
as an entity that must hold an air agency certificate issued under part
142 and must comply with all applicable sections of part 142. It should
be noted that whenever the term training center appears in this rule it
includes satellite training center.
Supervised Operating Experience
Supervised operating experience (SOE) is experience required to
remove certain limitations from an airman's certificate. The limitation
that may be removed by SOE is a limitation on PIC privileges for a
specified aircraft type issued to certain less-experienced pilots who
use high level simulation only for all training and testing for a
certificate, an added rating, or a certificate with an added rating.
The required SOE must be accomplished by serving as PIC under the
supervision of a qualified and current PIC in the airplane type to
which the limitation applies. The SOE must be performed in the seat
normally available to the PIC. The limitation may be removed by
presenting evidence of the SOE to any FSDO. SOE parallels the operating
experience requirement long a feature of air carrier training and
qualification programs, but is less burdensome in that a current and
qualified PIC instead of a check airman may provide the supervision.
More detailed discussion on this matter follows in the response to
comments about Secs. 61.64 and 61.158.
Summary of Comments
Notice 92-10 was published in the Federal Register on August 11,
1992 (57 FR 35888). The comment period closed on December 9, 1992. The
FAA received 328 comments in response to Notice No. 92-10: 223 comments
from various sectors of the interested public, namely pilots and
certificated flight instructors; 48 comments from various aviation
businesses; 13 comments from the major aviation associations; 11
comments from commercial air carriers; 11 comments from the aviation/
academic training school community; and 4 comments from governmental
organizations. Eighteen miscellaneous comments were either duplicates
or entered to this
[[Page 34512]]
docket in error. The FAA considered all of the comments, even those
received after the comment period closed.
Of the 328 comments received, 278 comments made reference to
proposals contained in Sec. 61.197 which addresses renewal of flight
instructor certificates. (Of these 278 comments, 216 comments
referenced only Sec. 61.197, 62 referenced Sec. 61.197 among other
sections.) These comments, as well as those relating to Secs. 61.187,
142.49, and 142.53 concerning instructor flight proficiency, training
center instructor privileges and limitations, and training and testing
requirements, were addressed in Notice No. 92-10A, a Supplemental
Notice of Proposed Rulemaking (SNPRM) published in the Federal Register
on February 19, 1993 [58 FR 9514]. The remaining 50 commenters
expressed both support and opposition to the proposals. Many of these
commenters supported the NPRM in concept and purpose, and made various
recommendations for textual revisions. Other commenters made
recommendations with no statement of strong support or opposition to
the proposals. For purposes of discussion, the comments have been
grouped into several broad categories and are discussed in further
detail below. Each comment is discussed in the section of this document
entitled ``Section-by-Section Analysis of the Comments.''
General Issues Covered in the Comments
The following subjects received the most comments. These comments
are responded to individually in a separate section of this document to
follow entitled ``Section-by-Section Summary of the Comments.'' The
issues raised and the nature of the comments are summarized below:
1. The proposed definitions and guidelines regarding the use of
flight simulators and flight training devices will ensure
standardization of training.
Approximately 15 commenters supported the standardization of
training offered by new part 142. Several of the commenters, including
Simulator Training, Inc., (STI) and the Aircraft Owners and Pilots
Association (AOPA), suggested that part 142 define and standardize
training center operations, and reduce the number of exemptions
required for the use of simulation. Additionally, the Air Line Pilots
Association (ALPA) supported the standardized certification
requirements proposed by part 142. ALPA stated that the certification
process ``will assure some level of minimum performance for these
training centers, require accountability for training programs and
equipment, and provide more consistent FAA oversight.''
Northwest Airlines, Inc., (NWA) stated that ``the proliferation of
programs has reached a level where increased regulatory controls must
be imposed.'' NWA and other commenters, including FlightSafety
International (FSI), strongly supported the proposal of an FAA part 142
national office. These commenters suggested that the establishment of
centralized resources would help to promote standardization and
consistency in training and evaluation.
2. The requirements for obtaining a part 142 certificate are
burdensome, costly, and over restrictive.
Approximately 30 commenters objected to various proposals for the
part 142 certification process. The majority of these commenters
specifically cited proposed Secs. 142.17(b)(3) and 142.17(d),
suggesting that they are unnecessarily burdensome and costly.
Fifteen commenters, primarily pilot schools, opposed the proposal
that the principal business office of a part 142 certificate holder
cannot be shared with another certificate holder. The commenters see
this proposed restriction as imposing costly and unnecessary
administrative duplication. Various commenters indicated that the
requirement that a training center own or lease at least one FAA-
approved flight simulator would exclude many smaller training
institutions from the benefits of part 142 participation due to costs
and thereby preclude some students from receiving the benefits of
advanced simulation training. In addition, several commenting part 121
certificate holders stated that if part 121 certificate holders are
required to apply for a separate certificate under part 142, they would
be required to purchase duplicate flight training equipment and
facilities. They stated further that part 142 certificate holders would
be precluded from leasing ``dry'' simulator time from part 121
certificate holders possessing such training equipment.
3. A part 142 certificate should not be required to continue to
provide training to employees of other part 121 or part 135 certificate
holders.
Several commenters opposed the proposals which would require
training entities providing currently approved training programs to be
certificated under part 142. These commenters represented a diverse
group that included air carrier certificate holders, persons interested
in AQP, and current simulator exemption holders.
4. Flight experience gained from the use of simulation cannot fully
replace the operational experience gained in the actual flight
environment.
Several commenters, namely some individuals and the National
Transportation Safety Board (NTSB), expressed concern regarding the
reduced hours of actual flight experience proposed in various sections
of the NPRM and posited that flight experience gained through the use
of flight simulation cannot fully replace the operational experience
gained in the actual flight environment.
Section-by-Section Analysis of the Comments
NWA suggested that some readers may have been confused by the
structure of the NPRM, in that it set forth the proposed text, but did
not show the text that remained unchanged. Asterisks were used to
designate the text which the FAA proposed to leave unchanged. The use
of asterisks for this purpose is consistent with the Federal Register's
Document Drafting Handbook.
Several commenters said that several of the proposals should be
deleted in this rulemaking and considered in the part 61, 141, and 143
review. The FAA carefully considered which topics to include in this
rulemaking and which to include in the part 61, 141, and 143 review.
Generally, if a topic relates to simulation, it was addressed in the
NPRM for this rulemaking. Some other part 61 topics also are addressed
in this rulemaking if it was necessary to revise the section for
consistency of style and paragraph numbering.
SFAR 58
SFAR 58.2 Definitions. The FAA proposed in Notice 92-10 to make
the definition of training centers in this section compatible with the
definition of that term as contained in Sec. 142.3.
Several commenters expressed the belief that the proposed
definition was confusing or ambiguous. The FAA agrees that the
definition should be more clear and has simplified the definition. The
revised definition includes those persons who obtain, and operate
under, a part 142 certificate, and those part 121 and part 135
certificate holders who present, under AQP, training that they are
required to present under part 121 or part 135.
Other commenters suggested rewording the definition to exclude
those training providers who already hold a part 121 or part 135
certificate, or those persons who might provide AQP training for those
certificate holders. This is an issue of the applicability of part 142,
which is discussed in the section-by-section
[[Page 34513]]
analysis of Sec. 142.1 and further defined in Sec. 142.3.
SFAR 58.11. Approval of Training, Qualification, or Evaluation by a
Person Who Provides Training by Arrangement.
Delta Air Lines, Inc., (Delta) in a comment typical of several
others, said that there appears to be no sound reason to change the
existing SFAR 58 provision for approval of AQP training, qualification,
or evaluation to be offered by a part 142 training center. It went on
to say that approval under SFAR 58 of training programs, instructor or
evaluator qualification, and use of training equipment should
constitute approval under part 142.
The FAA agrees. The FAA had that intent when making the original
proposals. For example, in the NPRM preamble discussion of Sec. 142.39,
the FAA stated:
``The FAA believes that approval of a curriculum under SFAR 58,
Advanced Qualification Program (AQP), should, for that applicant,
constitute complete approval of that curriculum for use by a
training center certificated under part 142, since the AQP
application contains curriculum criteria at least as detailed as the
part 142 curriculum requirements set forth in proposed Secs. 142.39
and 142.77.''
Several air carriers asked why the FAA proposed in this rulemaking
to fix an expiration date for SFAR 58.
SFAR 58 may or may not expire as determined by separate rulemaking
action underway at this time. Under this final rule, a part 121
certificate holder with an AQP authorization may continue, without
certification under part 142, to train persons who are aircrew
employees of another certificate holder who has an AQP authorization.
Minor editorial changes have been made to clarify the intent of the
proposed rule. This section is adopted with the revisions discussed
above.
Part 61
Sec. 61.1a (adopted as Sec. 61.2) Definition of terms. This section
has been amended to include definitions for terms used in part 61. The
following terms are defined:
(1) An instructor who has a valid ground instructor certificate or
current flight instructor certificate with appropriate ratings issued
by the Administrator;
(2) An instructor authorized under SFAR 58, part 121, part 135, or
part 142 of this chapter to give instruction under those parts; or
(3) Any other person authorized by the Administrator to give
instruction under this part.
(b) ``Flight Simulator, Airplane'' means a device that--
(1) Is a full-sized airplane cockpit replica of a specific type of
airplane, or make, model, and series of airplane;
(2) Includes the hardware and software necessary to represent the
airplane in ground operations and flight operations;
(3) Utilizes a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(4) Utilizes a visual system that provides at least a 45 deg.
horizontal field of view and a 30 deg. vertical field of view
simultaneously for each pilot; and
(5) Has been evaluated, qualified, and approved by the
Administrator.
(c) ``Flight Simulator, Helicopter'' means a device that--
(1) Is a full-sized helicopter cockpit replica of a specific type
of aircraft, or make, model, and series of helicopter;
(2) Includes the hardware and software necessary to represent the
helicopter in ground operations and flight operations;
(3) Utilizes a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(4) Utilizes a visual system that provides at least a 45 deg.
horizontal field of view and 30 deg. vertical field of view
simultaneously for each pilot; and
(5) Has been evaluated, qualified, and approved by the
Administrator.
(d) ``Flight Training Device'' means a device that--
(1) Is a full-sized replica of instruments, equipment, panels, and
controls of an airplane or rotorcraft, or set of airplanes or
rotorcraft, in an open flight deck area or in an enclosed cockpit,
including the hardware and software for systems installed, necessary to
simulate the airplane or rotorcraft in ground operations and flight
operations;
(2) Does not require a force (motion) cueing or visual system; and
(3) Has been evaluated, qualified, and approved by the
Administrator.
(e) ``Set of airplanes or rotorcraft'' means airplanes or
rotorcraft which all share similar performance characteristics, such as
similar airspeed and altitude operating envelope, similar handling
characteristics, and the same number and type of propulsion system or
systems.
Aerospace Industries Association (AIA) and Boeing Commercial
Airplane Group (Boeing), in identical comments, stated that this part
should not have new definitions for flight simulators and flight
training devices, but should instead incorporate by reference the
definitions for these items as contained in Advisory Circular (AC) 120-
40B and AC 120-45A.
The definitions of ``flight simulator'' and ``flight training
device'' set forth in new part 142 are, in all aspects, identical to
those contained in the referenced AC's. The FAA has determined that the
definitions should be contained in the regulatory text so that they are
readily available to applicants for, and holders of, a part 142
certificate and other persons who have an interest in the regulations
concerning training centers.
Crew Systems, Andrews University, and an individual stated that
definitions should not be in this section, but rather in part 1 of 14
CFR, and that the proposed definitions might have a different meaning
to different people. The definitions contained in part 61 are
applicable to that part of 14 CFR. Some of the words or terms might
have a different definition in the context of a different part of 14
CFR. Only those definitions that have general applicability to all
parts of 14 CFR are placed in part 1.
Airbus Service Company, Inc., (Airbus) recommended that this
section be amended to include Air Transportation Ground Instructor, Air
Transportation Flight Instructor, and Air Transportation Flight
Instructor (Simulator Only) in the definition of authorized instructor.
The authority of the persons cited by Airbus to function as
instructors is limited to service in part 121 or part 135. The persons
with the instructor titles cited by Airbus are not necessarily holders
of an FAA flight instructor certificate, and may perform certain flight
instructor functions by virtue of holding an airline transport pilot
(ATP) certificate. The privileges of persons cited by Airbus are not
changed by this definition; they remain the same for the operating part
for which the person was designated. Additionally, many of the persons
cited by Airbus could qualify as an authorized instructor in other
parts, including part 142. See the provision of Sec. 61.2 (a)(2) as
adopted.
One person stated that including the words ``full-sized replica''
in the definition of a flight training device precludes the approval of
personal computer flight simulation technology.
The comment is accurate. The FAA is convinced that simulation has
benefit only if behaviors learned can be transferred to the aircraft.
The FAA is convinced that no effective transfer of learning has been
demonstrated except from flight simulators and flight training devices
that accurately replicate the performance of an aircraft. As discussed
in the NPRM, AC 120-45, as amended, describes the minimum criteria for
flight training devices which will result in
[[Page 34514]]
replication of aircraft performance suitable for specific training,
testing, and checking. The FAA has under development a new AC 120-46,
``Use of Airplane Flight Training Devices (In Flight Training and
Checking for Airman Qualification and Certification),'' which will
provide details about which tasks a particular level of flight training
device may be used for training credit and which tasks one may be used
for testing. At this time, no flight training aid based on what is
commonly known as ``personal computers'' meets the criteria of AC 120-
45. Accordingly, the use of personal computer flight simulation
technology is considered unacceptable.
One commenter stated that this section, and all other proposed
revised sections of part 61, should be deleted and considered in the
phase II of the part 61, 141, and 143 review, which was referenced
earlier as a related rulemaking project.
The FAA does not agree that this would be an appropriate action.
The purpose of this rulemaking was to undertake a comprehensive review,
and revision if necessary, of all rules with the potential for
increasing the use of simulation for airman training, testing, and
checking. Many of these rules are contained in part 61; therefore, the
FAA proposed revisions to certain sections contained in that part.
Sec. 61.2 (adopted as Sec. 61.3) Certification of foreign pilots
and flight instructors.
This section proposed rules for training centers and their
satellite training centers for issuing certificates and ratings outside
the United States. Specifically, this section proposed that training
centers, and their satellite training centers, certificated under part
142 of this chapter, be allowed to do the following outside the United
States: (1) Add additional ratings and endorsements to certificates
issued by the Administrator under the provisions of part 142; and (2)
issue certificates to U.S. citizens within the authority granted to the
training center by the Administrator.
The National Association of Flight Instructors (NAFI) commented
that it has long been an FAA policy to not issue U.S. certificates or
additional ratings to foreign nationals outside the United States.
The FAA agrees with the commenter that, under Sec. proposed 61.2
(adopted as Sec. 61.3), the FAA does not issue U.S. certificates to
foreign nationals outside the United States unless issuance meets the
need stipulated in that section. However Sec. 61.2 (adopted as
Sec. 61.3), has, for several years, allowed rating(s) to be added to a
U.S. certificate of a foreign national outside the United States.
Further, Sec. 61.13 has, for several years, allowed the FAA to issue
certificates and added ratings, subject to this need and to collection
of the reimbursement fee required by part 187 [60 FR 19628; April 19,
1995; Fees for Certification Services and Approvals Performed Outside
the United States, Rule and Notices.]
NAFI further states that proposed paragraph (b)(1) does not have a
limitation contained in proposed paragraph (a)(1). It recommends that
the following limitation contained in paragraph (a)(1) be added to
paragraph (b)(1): ``The pilot certificate or rating is needed for the
operation of a U.S.-registered civil aircraft.''
Modern multinational corporations may operate aircraft of different
countries of registry. The commenter has not provided sufficient
rationale for imposing the U. S. certification restriction. The FAA has
determined, therefore, that proposed paragraph (b) should not contain a
restriction on need to operate an aircraft of U.S. registry.
Some commenters, namely United Airlines (United), Trans World
Airlines (TWA), the Air Transport Association (ATA), and the Federal
Express Corporation said, in essence, that the proposed part 142
sections that would permit the certification of training centers
located outside the United States, and that would permit them to add
additional ratings and endorsements, threatens the standardization
concept of part 142 training centers and should be dropped.
The FAA plans to maintain standardization by providing adequate
guidance on instructor and evaluator qualification, simulation
approvals, curriculum approvals, and by emphasizing review and
inspection of that guidance.
Other commenters indicated that maintaining standardization of
training center activities for those training centers outside the
United States will cause a workload on the FAA.
The FAA agrees that creation of foreign training centers will
impose a workload on the FAA. See the FAA plan for compensation for the
workload imposed by training centers outside the United States in the
discussion of comments received in response to proposed Sec. 142.20
(adopted as Sec. 142.19), ``Foreign training centers: Special rules.''
For the reasons discussed, this section is adopted as proposed,
except for editorial changes to make it clear that training centers
prepare, train, and recommend applicants for a certificate or rating,
but do not actually issue a certificate or rating unless the training
center has specific authorization to issue airman certificates.
Sec. 61.3 (adopted as Sec. 61.5) Requirement for certificates,
ratings, and authorizations.
The FAA proposed to amend the lead-in paragraph for Sec. 61.3(d)
(adopted as Sec. 61.5 (d)) and to add a new paragraph (i).
As proposed, paragraph (d) inadvertently would have prevented
lighter-than-air instruction without a flight instructor certificate.
That was not the intent of this rule. Therefore, language allowing such
instruction without a flight instructor certificate is restored to
paragraph (d) of this section. The FAA did not receive any comments on
proposed paragraph (d), therefore, with this minor correction,
paragraph (d) is adopted as proposed.
Proposed paragraph (i) prescribed requirements for pilot category
III authorization. It reads as follows:
(i) Category III pilot authorization.
(1) No person may act as pilot in command of a civil aircraft
during Category III operations unless--
(i) That person holds a current Category III pilot authorization
for that category or class of aircraft, and the type of aircraft, if
applicable; or
(ii) In the case of a civil aircraft of foreign registry, that
person is authorized by the country of registry to act as pilot in
command of that aircraft in Category III operations.
(2) No person may act as second-in-command (SIC) of a civil
aircraft during Category III operations unless that person--
(i) Holds a valid pilot certificate with category and class
ratings for that aircraft and a current instrument rating for that
category aircraft;
(ii) Holds an airline transport pilot certificate with category
and class ratings for that aircraft; or
(iii) In the case of a civil aircraft of foreign registry, is
authorized by the country of registry to act as SIC of that aircraft
during Category III operations.
Some commenters, namely TWA, Delta, American Airlines (American),
ATA, British Aerospace Inc., Training Center (BAe), and AMR Combs
(AMR), believe that part 121 and part 135 certificate holders should
not be required to comply with paragraph (i) of this section, as they
have not been required to comply with the Category II requirements of
paragraph (f) of this section in the past.
There is an alternate mechanism in part 121 to authorize
certificate holders under that part to conduct reduced visibility
instrument approaches. That alternative assures a level of safety
equivalent to this rule. Because of the alternate mechanism in part 121
to
[[Page 34515]]
authorize the commenters and similarly-situated persons to conduct
Category II and Category III operations, the FAA agrees with the
commenters, and has added a new paragraph (j) to except part 121 and
part 135 certificate holders from compliance with paragraph (i).
Current paragraph (f) has been revised in this final rule to conform it
to the format of new paragraph (i). The flush paragraph at the end of
paragraph (f) has been replaced with a new paragraph (j).
Sec. 61.4 Qualification and approval of flight simulators and
flight training devices. In this new section, flight simulators and
flight training devices must be qualified and approved by the
Administrator for training, testing, and checking, if the airman using
flight simulators or flight training devices is to get credit to
satisfy any part of 14 CFR. In addition, each particular maneuver,
procedure, or crewmember function to be performed would be subject to
the approval of the Administrator.
A few commenters suggested that flight simulators and flight
training devices should not have to be approved unless the person using
them expected to get some credit for that use to satisfy some
requirement of 14 CFR.
The FAA agrees, and the rule text has been amended to clarify that
only those flight simulators and flight training devices used to
satisfy training, testing, or checking functions, as may be necessary
to meet FAA regulatory requirements, must be qualified by the
Administrator.
NAFI said that guidelines must be established to specify the
requirements for qualification and approval of flight simulators and
flight training devices to prevent FAA inspectors from arbitrarily
applying their personal standards, and that, once a flight simulator or
flight training device is approved by the FAA, the FAA should not
require another inspector to approve another of the same make and
model.
The FAA agrees that each FAA inspector should not arbitrarily
determine standards for qualification and approval of flight
simulators. The FAA has established guidelines and technical standards
for flight simulators and flight training devices, in AC 120-40, as
amended, and AC 120-45, as amended, respectively. These publications
are available from the Government Printing Office and may be reviewed
at any FSDO. These advisory circulars are made available to facilitate
standardization, qualification, and recommendations for approval of
particular maneuvers and procedures for each flight simulator and level
5 through 7 flight training device, as they are defined at this time.
FAA inspectors may approve the use of flight simulators and flight
training devices for the maneuvers and procedures of a particular
curriculum. To help ensure standardization, the FAA will provide
national guidance for approval of training programs for all part 142
training centers. This guidance should preclude widespread
interpretation on the part of individual inspectors.
Sec. 61.13 Application and qualification. The FAA proposed to
revise paragraph (e) to make this section apply to Category III
authorizations as well as to Category II authorizations. The revised
paragraph reads as follows:
(e) The following requirements apply to a Category II pilot
authorization and to a Category III pilot authorization:
(1) The authorization is issued by a letter of authorization as a
part of the applicant's instrument rating or airline transport pilot
certificate.
(2) Upon original issue the authorization contains a visibility
limitation--
(i) For Category II operations, the limitation is 1,600 feet RVR
and a 150-foot decision height; and
(ii) For Category III operations, each initial limitation is
specified in the authorization document.
(3) Limitations on an authorization may be removed as follows:
(i) In the case of Category II limitations, a limitation is removed
when the holder shows that, since the beginning of the sixth preceding
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument
conditions.
(ii) In the case of Category III limitations, a limitation is
removed as specified in the authorization.
(4) For the practical test required by this part for a Category II
or a Category III authorization, a flight simulator or flight training
device may be used for simulated instrument conditions, if approved by
the Administrator for simulated instrument conditions.
AIA and Boeing said that Sec. 61.13(e)(3)(i) should contain the
same provision regarding simulated instrument conditions that appears
in Sec. 61.13(e)(4); i.e., ``* * * a flight simulator or flight
training device may be used for simulated instrument conditions. * *
*''
The FAA agrees with the suggestion of the commenters. Paragraph
(e)(4) has been reworded to make it clear that an approved flight
simulator may be used to meet the experience requirement of paragraph
(e)(3) as well as to meet the Category II and Category III practical
test requirements of part 61.
ATA and several air carriers commented that this proposal fails to
include language excepting part 121 and part 135 certificate holders
from compliance with this section. They point out that Sec. 61.3
(adopted as Sec. 61.5) contains an exception for part 121 and part 135
operators from the qualification requirements for Category II
operations.
The provisions of Sec. 61.13 were not intended to apply to
operations conducted by part 121 and 135 certificate holders since the
FAA did not intend to propose, under Sec. 61.3, (adopted as Sec. 61.5)
that a letter of authorization be required for these operations. These
parts prescribe their own requirements for such operations.
Proposed Sec. 61.3 (adopted as Sec. 61.5) has been revised to make
it clear that the exception for part 121 and part 135 certificate
holders also applies to Category III authorization. (See the discussion
of Sec. 61.3 (adopted as 61.5)).
Airbus suggested additional text for this section that would delete
ILS approaches, because MLS, GPS, and other approaches are likely in
the future.
The FAA agrees that the regulations need to be modified to reflect
changing technology; however, this was not a subject of these proposals
and cannot be addressed in this rule at this time.
Airbus also suggested that this section be amended to specify the
quality of the simulated visual scene required for the practical test.
The FAA agrees that the quality of the simulated visual scene that
may be used to complete the Category II or Category III practical test
is of great importance. The sections of the rule that actually require
and authorize training and testing to show competence in reduced
visibility operations, Secs. 61.3 (adopted as Sec. 61.5), 61.67, and
61.68, specify that the practical test must be accomplished under an
approved training program of an air carrier for that air carrier's
aircrews, or in an approved training program of a part 142 certificate
holder. Training program approval criteria for each of those training
programs specify, or will specify, that a flight simulator must be
qualified and approved by the FAA for each maneuver, procedure, and
crewmember task. Further guidance for the technical requirements of
flight simulation is published in AC 120-40 and AC 120-45, as amended.
The FAA believes that the quality control provided by the provisions
described above is satisfactory. Quality of the visual scene in all
modes of flight and the quality of simulation in general is a high
priority for the FAA. For the reasons discussed, this section rewords
[[Page 34516]]
paragraph (e)(4) and is otherwise adopted as proposed.
Sec. 61.21 Duration of Category II and Category III pilot
authorizations. In addition to a change in the title, this section
proposed that Category II and Category III pilot authorizations would
expire 6 months after last issued or renewed.
ATA and a few member air carriers commented that these proposals
included a duration of authorizations that is too restrictive for part
135 and part 121 certificate holders.
The provisions of Sec. 61.21 were not intended to apply to
operations conducted by part 121 and 135 certificate holders since the
FAA did not intend to propose, under Sec. 61.3 (adopted as Sec. 61.5),
that a letter of authorization be required for these operations. These
parts prescribe their own requirements for such operations.
Proposed Sec. 61.3 (adopted as Sec. 61.5) has been revised to make
it clear that the exception for part 121 and part 135 certificate
holders also applies to Category III authorization. (See the discussion
of Sec. 61.3 (adopted as Sec. 61.5)).
Therefore, this section does not apply to a part 121 or part 135
certificate holder.
Therefore, this section is adopted as proposed.
Sec. 61.39 Prerequisites for flight tests. The FAA proposed in
this section to specify a 60-calendar-day time limit for completion of
all increments of the practical test (i.e., the oral increment, the
flight simulator increment, and the flight increment).
In the event that the entire practical test is not satisfactorily
completed within the prescribed 60 calendar days, an applicant is
required to retake the entire practical test, including those
increments satisfactorily completed more than 60 calendar days
previously.
NAFI recommended minor editorial changes to the proposed rule text,
and those minor changes were made in the final rule.
One commenter said that the proposals of this section should be
withdrawn and considered in a subsequent review of part 61.
The FAA cannot defer the implementation of these proposals, since
they relate to simulation testing, a subject covered by this
rulemaking.
No other changes were suggested by commenters. Accordingly, except
for editorial changes, this section is being adopted as proposed.
Sec. 61.45 Flight tests: Required aircraft and equipment.
Proposed paragraph (a) provides that an applicant may use a flight
simulator or a flight training device for those tasks of a practical
test for which the flight simulator or flight training device has been
approved. Previously, this section did not clearly permit the use of
flight simulators or flight training devices for practical tests.
Previously under part 61, a flight simulator or flight training
device could be used only to demonstrate some SIC qualifications and
also to train and test for the ATP certificate. NAFI commented that the
FAA should complete guidelines to specify which maneuvers, procedures,
and crewmember tasks can be trained, tested, or both, by use of each
level of simulation. The FAA agrees, and is drafting such a document
(AC 120-46) at the present time. (See also the response to comments
about Sec. 61.1).
ATA said, in a comment similar to several others, that the proposed
amendments to this section are not necessary, since ``* * * the purpose
of the current rule was not to specify that an aircraft must be used
for the flight test, but rather to prescribe the aircraft requirements
for registration, airworthiness, and equipment.'' ATA continues by
observing that ``Amendment 61.45, effective Feb. 2, 1970, clearly
authorizes the use of simulators for part of the ATPC/TR flight test. *
* *''
Current paragraph (a) of this section deals with the equipment an
applicant must furnish for each test, as well as with the requirements
for registration and airworthiness of that equipment. The wording of
the current paragraph excludes any equipment except aircraft from being
used for the practical test, except as provided in Secs. 61.55 and
61.157. The proposed rule would allow simulation to be used for those
tasks of the practical test for which the simulator is approved. The
FAA considers this expanded use of simulation justified for reasons
stated in the preamble to the NPRM. Accordingly, this section is
adopted as proposed.
Jeppesen-Sanderson and AMR questioned how such tasks as cross-
country skills, rectangular courses, S-turns across a road, and turns
around a point can be evaluated by use of simulation.
At the date of this final rule, there are no flight simulators or
flight training devices that have been approved to evaluate several
tasks, including the examples offered by these commenters.
The intent in the proposal was to permit an increased use of
simulation, in appropriate cases, without having to amend the rules
each time that technological advances permit one of these tasks to be
evaluated in flight simulation. With the assurance that simulation may
be used to meet practical test requirements when it has the technical
capability to do so, manufacturers of such devices should be encouraged
to develop increasingly realistic simulation. Even with regulatory
authority to use simulation for tasks of a practical test, simulation
cannot be used for those tasks until the simulation medium has been
developed, evaluated, and qualified by the FAA to evaluate such tasks.
Airbus commented that the proposed revisions are unworkable for an
aircraft manufacturer's training center and, if implemented, would
impose a severe economic burden on the training center and the part 121
operators it supports.
Although Airbus did not specifically reference Sec. 142.57 in its
comment, it appears Airbus is addressing the aircraft certification,
registration, and airworthiness requirements that are discussed under
Sec. 142.57 below. Training centers, which are to be certificated under
part 142, have distinct requirements for aircraft certification,
registration, and airworthiness. Those requirements, as adopted, are
further discussed in Sec. 142.57.
Proposed paragraph (c) provided that an applicant for a practical
test must provide an aircraft with engine and flight controls that are
easily reached, and that can be operated in a conventional manner by
both the applicant and the evaluator. The paragraph also provided that
the evaluator may conduct a practical test in an aircraft with
different features.
AMR stated that ``* * * 61.45(c)(2)(ii) seems to assume that an
evaluator will be in a pilot's seat when conducting a practical test in
an aircraft. However, evaluators and FAA inspectors currently may
conduct the practical test from a jump seat, or some other location
other than a pilot's seat. * * *'' It recommended rewording to better
state this practice.
The FAA agrees that the practice described by AMR has been and will
be acceptable, and has reworded paragraph 61.45(c)(2)(ii) accordingly.
Proposed paragraph (d) provided that each applicant for a practical
test that requires flight maneuvers and procedures to be accomplished
solely by reference to instruments, must provide equipment that
excludes the applicant's visual reference to objects outside the
aircraft.
Airbus commented that proposed paragraph (d) is unnecessarily
restrictive, in that it prohibits the use of vision-restricting devices
that more realistically create the seeing conditions the pilot is
likely to encounter during
[[Page 34517]]
the instrument-to-visual transition, including visual illusions
associated with maneuvering by visual reference to landing in
restricted seeing conditions. Airbus suggests rewording the paragraph
to allow equipment that restricts an applicant's visual reference to
replicate what might be seen during a reduced visibility approach
transition to a landing.
The FAA notes that this section is directed at maneuvers and
procedures that must be done solely by reference to flight instruments;
it was not intended to, and is not adequate to address, maneuvering
partially by reference to instruments and partially by reference to
obscure visual references to objects outside the cockpit. The FAA
lists, in separate publications, what objects must be visible at a
specified point on an instrument approach in order to continue by
visual reference. The FAA is not aware of a device that can be used in
an aircraft to obscure visibility of objects other than those listed
for continuation of an instrument approach.
The FAA agrees with the commenter that this area of flight is
critical. This is an area of flight that simulation can replicate much
better than an actual aircraft. For simulation, the FAA requires that
the simulated visual presentation be capable of displaying a scene with
visibility as restricted as the visibility that the applicant will be
authorized to observe when completing approaches. Guidance for scene
presentation for simulation is contained in AC 120-40, as amended.
This section is adopted with the changes discussed.
Sec. 61.51 Pilot logbooks.
The FAA proposed to revise paragraph (b)(1)(ii) to allow pilots to
log the time accrued in a simulated flight lesson. The proposed text
read as follows:
``(b) * * *
(1) * * *
(ii) Total time of flight or lesson.
AMR commented that the word ``flight'' should be added before
``lesson.''
The FAA agrees and has changed the paragraph accordingly.
AMR also commented that the requirement of present paragraph
(b)(1)(iii), which states ``Place, or points of departure and arrival''
is pointless in the context of a simulated flight lesson, as it is
quite possible to conduct a simulator training session and have no
point of departure or arrival.
The FAA agrees, and has changed the paragraph to except simulated
flights from those sessions for which a point of departure and arrival
must be entered.
As proposed, Sec. 61.51(c)(2)(i) has been revised, including
shifting the provision for recreational pilots to a new paragraph (iv),
to make that paragraph easier to read. No substantive change has been
made to the previous provision. The reference to a sole occupant of an
aircraft has been removed since such a person by definition is the
pilot in command.
The FAA proposed to revise paragraphs (b)(3)(iii) and (c)(4)(ii) to
permit the logging of instrument flight time in an approved flight
simulator or approved flight training device.
One commenter said that paragraph (c)(4)(ii) ``* * * only permits
logging of simulated instrument conditions in an approved and qualified
flight simulator or qualified and approved flight training device. It
leaves the logging of simulated instrument flight time by utilization
of a view limiting device in limbo and not discussed.''
The FAA points out that the wording of this paragraph states that
flight simulation ``may'' be used, not that it ``must'' be used, and
that, in both the NPRM preamble and in the preamble to this final rule,
a separate section entitled ``Simulated IFR Conditions'' is devoted to
this discussion to make it clear that a variety of view-limiting
devices may be used. Paragraph 61.45(d) as proposed and as adopted
makes it clear that view-limiting devices, as well as flight
simulation, are acceptable for practical tests.
Andrews University commented that paragraph (c)(4)(ii) is good in
that it allows logging of flight simulator and flight training device
time both with and without a flight instructor.
The FAA points out that this rule does not create any new authority
for a pilot to log flight time in simulation equipment without an
authorized instructor. On the contrary, this paragraph specifies that
an authorized instructor must be present in order to log pilot time in
flight simulation equipment. Further, Sec. 61.51(c)(5) provides that
all time logged as instruction time must be certified by the authorized
instructor from whom it was received. This requirement is intended to
ensure that an applicant's logbook reflects all required instruction
which was provided by an authorized instructor.
With the amendment discussed, this section is adopted as proposed.
Sec. 61.55 Second-in-command qualifications. The FAA proposed in
Sec. 61.55 (b)(4) that initial SIC qualification tests for a particular
category and class or type of aircraft require at least one takeoff and
one landing to be satisfactorily completed in an aircraft of that
category, class, and type as applicable.
Several commenters expressed overall agreement with this proposed
section.
Boeing and AIA commented that, if the simulator used is qualified
for the landing maneuver, the use of an airplane is unnecessary.
The FAA believes that some minimal experience with the category,
class, and type of aircraft, if applicable, is required for those SIC
applicants not previously qualified in any capacity in an aircraft
requiring a crew of more than one person. With the exception of the
takeoff and landing that must be performed in the aircraft, the FAA
believes that, based on its evaluation of the results of training and
testing in flight simulators, the training and testing for SIC
qualifications can be satisfactorily demonstrated in a part 142
training course that is subject to FAA approval.
Paragraph (b)(4) of this section was reworded slightly to make it
clear that the requirement to complete only one takeoff and one landing
in an actual aircraft applies only to persons who complete the rest of
the requirements of this section in an approved course at a training
center certificated under part 142.
Sec. 61.56 Flight review. Under the previous Sec. 61.56, the
flight review could be performed only in an aircraft. A new paragraph
61.56(h) to this section proposed the use of flight simulators or
flight training devices for the flight review if: (1) The flight
simulator or flight training device is approved by the Administrator
for that purpose; and (2) the flight review is accomplished in an
approved course conducted by a training center certificated under part
142.
Jeppesen-Sanderson and the National Air Transportation Association
(NATA), representing a consensus of General Aviation Manufacturers
Association, Helicopter Association International, and others,
commented that simulation should be allowed for the review, in approved
courses conducted under part 141 or part 142.
The FAA does not agree that part 141 should be changed in this rule
to allow pilot schools to conduct the flight review. Part 142 training
centers may conduct flight reviews using simulation because they will
have substantially more required in the way of training capability by
having the following: (1) at least one flight simulator or Level 6 or
Level 7 flight training device; (2) considerably more detailed and
structured training programs; and (3) more demanding instructor
[[Page 34518]]
qualifications than those required under part 141.
United, in a comment similar to several others, recommended that
the flight review should be permitted by simulation in an approved
course conducted by a training center certificated under part 121 or
part 142.
There are no training centers now certificated under part 121 or
any other part. Part 121 certificate holders have a training apparatus
that may be called a school, branch, division, center, and a variety of
other names. There is little doubt that many of them, with minimal
effort at tailoring present training programs, could become training
centers certificated under new part 142. There is no need to change the
rules to allow part 121 certificate holders to conduct a course to
satisfy Sec. 61.56; several courses presented by part 121 schools
already satisfy the requirements of Sec. 61.56. In accordance with the
current provisions of that section, a person need not accomplish the
flight review if that person has satisfactorily completed a pilot
proficiency check, or a test for a certificate, rating, or operating
privilege. Most, if not all, training and qualification activities
undertaken by a part 121 or part 135 certificate holder are for one of
these purposes.
Jeppesen-Sanderson commented that discussion and provisions for
simulation not qualified for the landing maneuver should be deleted.
Based on experience with simulation, the FAA believes that the
flight review can be successfully accomplished in an appropriate flight
simulator or flight training device. Previously, landing maneuvers,
which likely would be required during a flight review, could be
conducted only in a flight simulator qualified as Level B or higher.
Section 61.57(g)(3), however, provides a means for the review to be
accomplished in a Level A flight simulator or in a flight training
device.
One commenter said, in essence, that he believed the flight review
should be an evaluation of maneuvers and procedures required for the
issuance of the certificate applied for, and that not all maneuvers and
procedures can be evaluated in a simulator.
The FAA agrees that not all maneuvers and procedures can be
evaluated in a flight simulator at the present time. Turns about a
point, chandelles, lazy eights, among others, currently cannot be
simulated. However, Sec. 61.56 does not require any specific maneuvers
and procedures. An airman may complete a flight review in a simulator
only if the review is undertaken after completion of an approved
course. The FAA believes that the potential benefits of a structured
review, subject to FAA approval, consisting of various subjects and a
selection of various, but unspecified, maneuvers and procedures
outweigh the fact that flight simulators cannot, at this time,
replicate all maneuvers and procedures required of all certificate
levels.
For the reasons discussed, this section is adopted as proposed.
Sec. 61.57 Recent flight experience: Pilot in command. In addition
to a change in the title of this section to indicate that it contains
PIC currency requirements, the NPRM proposed to revise paragraphs (c)
and (d) to read as follows:
(c) General experience.
(1) Except as otherwise provided in this paragraph, no person
may act as pilot in command of an aircraft carrying passengers, or
of an aircraft certificated for more than one required pilot flight
crewmember, unless that person meets the following requirements--
(i) Within the preceding 90 calendar days, that person must have
made three takeoffs and three landings as the sole manipulator of
the flight controls in an aircraft of the same category and class
and, if a type rating is required, of the same type of aircraft.
(ii) If the aircraft operated under paragraph (c)(1)(i) of this
section is a tailwheel airplane, that person must have made to a
full stop the landings required by that paragraph in a tailwheel
airplane.
(2) For the purpose of meeting the requirements of this section,
a person may act as pilot in command of a flight under day visual
flight rules or day instrument flight rules if no persons or
property are carried other than as necessary for compliance with
this part.
(3) Paragraph (c) does not apply to operations conducted under
part 121 or part 135 of this chapter.
(4) The takeoffs and landings required by paragraph (c)(1) of
this section may be accomplished in a flight simulator or flight
training device subject to the following--
(i) The flight training device or flight simulator must have
been qualified and approved by the Administrator for landings; and
(ii) The flight simulator or flight training device must be used
in accordance with an approved course conducted by a training center
certificated under part 142 of this chapter.
(d) Night experience.
(1) No person may act as pilot in command of an aircraft
carrying passengers at night (the period beginning 1 hour after
sunset and ending 1 hour before sunrise as published in the American
Air Almanac) unless, within the preceding 90 days, that person has
made not fewer than three takeoffs and three landings to a full
stop, at night, as the sole manipulator of the flight controls in
the same category and class of aircraft.
(2) Paragraph (d)(1) of this section does not apply to
operations conducted under part 121 or part 135 of this chapter.
(3) The takeoffs and landings required by paragraph (d)(1) of
this section may be accomplished in a flight training device or
flight simulator that is--
(i) Qualified and approved by the Administrator for takeoffs and
landings, if the visual system is adjusted to represent the time of
day described in paragraph (d)(1) of this section; and
(ii) Used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
FSI suggested that paragraphs (c) and (d) of this section should be
changed to ``be consistent with Sec. 121.439.''
The FAA must presume that the recommendation is to change paragraph
(c), as paragraph (d) pertains to night recency of experience, and
there is no night recency of experience requirement in Sec. 121.439.
The deletion of the night landing requirement was not proposed and is
not considered in the final rule. To make paragraph (c), general
experience, including day landings, consistent with Sec. 121.439 would
require operators to have check airmen, operations specifications, and
require each airman to have specific previous experience in the
airplane type (with no provision for aircraft not requiring a type
rating) in operating parts other than part 121 and part 135. Such
dramatic changes to part 91, or other parts of 14 CFR, would simply not
be economically justified. This rulemaking is intended to encourage and
accommodate the use of simulation for more extant training, testing,
and checking tasks, but not to change the tasks required for any
particular certificate, rating, or privilege. Therefore, paragraphs (c)
and (d) are adopted as proposed.
Also, the NPRM proposed to amend paragraph (e) to permit pilots to
meet instrument currency requirements in an approved flight simulator
or flight training device.
NWA recommended that proposed paragraph (e) include an exception
stating that the requirements of Sec. 61.57 do not apply to operations
conducted under part 121 and part 135, similar to the construction of
paragraphs (c) and (d) of Sec. 61.57.
During the comment period and final drafting stage for this final
rule, the FAA was separately considering a petition for exemption or
other regulatory relief from the requirements of paragraph (e) for
members of ATA. On November 11, 1994 the FAA published a final rule [59
FR 56385] that revised Sec. 61.57(f) to provide that PICs employed by a
part 121 or part 135 operator are excepted from compliance with the
recency of experience requirements of Sec. 61.57, only if they are
qualified under Secs. 121.437 or 135.243 and meet the recent experience
[[Page 34519]]
requirements under Secs. 121.439 or 135.247. Therefore, this exception
in paragraph (f) will provide the relief suggested by the commenter.
NATA commented that ``approved course,'' as used in this section,
should include ``those courses approved under part 141 and part 61.''
Several other commenters asked what is meant by ``approved course,''
and whether such a course is limited to takeoffs and landings.
The reference is to courses approved for training centers for
establishing or maintaining currency in those tasks specified in this
section. The content of such courses would not have to be restricted to
takeoffs and landings. The courses might include, for example,
different abnormal and emergency situations for takeoffs and landings,
such as power loss, runway contamination, gusts and shear, factors
causing visual illusion, physiological factors affecting night takeoffs
and landings, and others. There is no such course approved under part
141 and, as discussed earlier under Sec. 61.56, adding new courses to
part 141 was not proposed and is not considered in this rulemaking.
AMR commented that the preamble suggests that a simulator or flight
training device can be used to meet instrument currency requirements,
but the regulation requires that at least 3 of the required 6 hours be
conducted in an aircraft. It recommended clarification of this point.
The FAA agrees that there was an apparent conflict between the
preamble to the NPRM and the rule text dealing with instrument
currency. The rule text has been changed to reflect the intent of the
preamble; paragraph (e)(1)(i)(A) has been changed to read, in part:
(A) Logged at least 6 hours of instrument time including at
least six instrument approaches under actual or simulated instrument
conditions, not more than 3 hours of which may be in approved
simulation representing aircraft other than gliders.
A few air carriers commented that they disagree with the proposed
change of verbiage which requires an instrument competency check to be
given by ``a person authorized by the Administrator'' instead of by
``an FAA inspector, a member of an armed force of the United States
authorized to conduct flight tests, an approved FAA-approved check
pilot, or a certified instrument flight instructor.''
The proposed revision is needed to permit other persons to give the
instrument competency check. For example, the new wording will include
evaluators for part 142 training centers, designated examiners, pilot
proficiency examiners, simulator-only instructors who do not hold a
medical certificate, as well as all those persons named in the previous
rule.
For the reasons discussed, this section is adopted as changed.
Sec. 61.58 Pilot-in-command proficiency check: Operation of
aircraft requiring more than one required pilot. The FAA proposed to
revise this section to permit airmen, under certain conditions, to
accomplish required PIC proficiency checks entirely in a qualified and
approved flight simulator.
Proposed paragraph (a) provided that:
(a) Except as otherwise provided in this section, to serve as pilot
in command of an aircraft that is type certificated for more than one
required pilot crewmember, a person must--
(1) Within the preceding 12 calendar months, complete a pilot-in-
command check in an aircraft that is type certificated for more than
one required pilot crewmember; and
(2) Within the preceding 24 calendar months, complete a pilot-in-
command check in the particular type of aircraft in which that person
will serve as pilot in command.
NAFI, apparently commenting on Sec. 61.58(a), commented that this
section should be revised to close a loophole that allows certain large
or turbojet aircraft, such as the DC-3 and some Cessna C-500 series
aircraft, to be operated by a single pilot. It points out that, under
the current and proposed sections, pilots of those aircraft may not be
required to undertake the pilot proficiency checks.
While NAFI's comment may have merit, changing the applicability of
Sec. 61.58 is not the purpose of this rulemaking, and the FAA did not
propose to change the tasks required for proficiency checks. As stated
earlier, the purpose of this rulemaking is to encourage and accommodate
the use of simulation for more training, testing, and checking tasks,
but not to change the tasks required for any particular certificate,
rating, or privilege.
Proposed Sec. 61.58(e)(1) stated the following:
``Except as provided in paragraph (f) of this section, a check or a
test described in paragraphs (d)(1) through (d)(4) of this section may
be accomplished in a flight simulator qualified and approved under part
142 of this chapter subject to the following:
(1) Except as allowed in paragraphs (e)(2) and (e)(3) of this
section, if an otherwise qualified and approved flight simulator used
for a PIC proficiency check is not qualified and approved for a
specific required maneuver--
(i) The training center shall annotate, in the applicant's training
record, the maneuver or maneuvers omitted; and
(ii) Prior to acting as PIC, the pilot shall demonstrate
proficiency in each omitted maneuver in an aircraft or flight simulator
qualified and approved for each omitted maneuver.
Proposed Sec. 61.58(e)(1) would have had the effect of requiring a
flight simulator qualified as Level B or higher to satisfy the
requirements of Sec. 61.58, since only Level B or higher level flight
simulators are qualified for landing.
FSI commented that exemptions have allowed successfully an
alternative that permits the proficiency check to be accomplished in
flight simulators not qualified for landing. That alternative requires
the applicant to complete an approved curriculum, hold a type rating in
the type aircraft for which the proficiency check is required, and have
completed three takeoffs and three landings (one to a full stop) as the
sole manipulator of the flight controls within the 90 days preceding
the proficiency check.
The FAA agrees that the alternative is a current and acceptable
practice. Therefore, paragraph 61.58(e) is reworded to include this
alternative.
Paragraphs 61.58 (e)(2) and (e)(3) contain proposals pertaining to
circling approaches and landings in certain simulators. For example,
under the proposed rule, a proficiency check, which requires a circle-
to-land maneuver, would have to be accomplished in a flight simulator
equipped with a visual system that permits accomplishment of the
circling approach task. If the flight simulator used is not qualified
for circling approaches and the applicant does not demonstrate circling
approaches at the training center, proposed Sec. 61.58(e)(2) would
require that the training center annotate the applicant's records with
the statement, ``Proficiency in circling approaches not demonstrated.''
In addition, proposed Sec. 61.58(e)(2) would restrict the applicant
from performing circling approaches as PIC, during conditions less than
basic VFR weather minimums. This proposed restriction would remain
until proficiency in circling approaches in either an aircraft or a
flight simulator qualified for circling approaches is demonstrated to a
person authorized by the Administrator to conduct the required check.
FSI commented that helicopter pilots should not be required to
perform circling approaches to satisfy the requirement of this section
because, in essence, a helicopter can land to a downwind hover, then
make a hovering
[[Page 34520]]
turn to make a landing to touchdown into the wind.
While this comment may have merit, the FAA did not propose to
change the circling approach requirement. This rule considers what
tasks may be accomplished by use of simulation, either now or in the
future, but does not attempt to determine what tasks should be required
for any particular certificate, rating, or privilege. Those tasks are
being evaluated in a separate rulemaking project (phase II of the part
61, 141, and 143 review).
Airbus commented that Sec. 61.58(e)(3) is not appropriate for
training centers providing training for part 121 and part 135
certificate holders. It continues that an air carrier's operations
specifications prohibit circling approaches unless the pilot is
qualified to perform circling approaches, and that the approved
training for a particular air carrier does not require training in
circling approaches unless the employing air carrier is approved to
conduct circling approaches. Airbus suggests that this paragraph be
written to exclude applicants who are currently employed by a part 121
or part 135 certificate holder.
The FAA agrees in part with the commenter. The comment appears to
pertain to proposed Sec. 61.157 however. Therefore, the commenter's
suggestion will be addressed in the preamble discussion pertaining to
proposed Sec. 61.157.
Section 61.58(f) proposed that, in order to accomplish the
recurrent check entirely in a flight simulator, the pilot must have
performed the 12-and-24-month proficiency checks in an aircraft, as
described in Sec. 61.58(a) (1) and (2).
FSI and Simuflite Training International (SFI) commented that the
words ``if an applicant for a check required by this section has not
satisfactorily completed a PIC check within the period required by
paragraph (a)(1) or (a)(2) * * * '' that appear in proposed
Sec. 61.58(e) are essentially the same as the provisions contained in
proposed paragraph (f) which reads as follows:
(f) If a pilot has not completed a pilot-in-command proficiency
check within the period required by paragraph (a)(1) or (a)(2) of this
section, that pilot must complete the required pilot-in-command
proficiency check in an aircraft.
These commenters point out that both paragraphs would therefore
preclude reestablishment of PIC proficiency by use of a simulator,
which may be more restrictive than current exemptions.
The FAA agrees. It was not intended to propose that Sec. 61.58(e)
be made more restrictive than recent practice has allowed. Accordingly,
Sec. 61.58(e) has been reworded in the final rule. Paragraph (e) now
reads as follows:
(e) A check or a test described in paragraphs (d)(1) through
(d)(4) of this section may be accomplished in a flight simulator
qualified and approved under part 142 of this chapter subject to the
following:
(1) Except as allowed in paragraphs (e)(2) and (e)(3) of this
section, if an otherwise qualified and approved flight simulator
used for a pilot-in-command proficiency check is not qualified and
approved for a specific required maneuver--
(i) The training center shall annotate, in the applicant's
training record, the maneuver or maneuvers omitted; and
(ii) Prior to acting as pilot in command, the pilot shall
demonstrate proficiency in each omitted maneuver in an aircraft or
flight simulator qualified and approved for each omitted maneuver.
(2) If the flight simulator used pursuant to this paragraph is
not qualified and approved for circling approaches--
(i) The applicant's record shall be annotated with the
statement, ``Proficiency in circling approaches not demonstrated;''
and
(ii) The applicant may not perform circling approaches as pilot
in command when weather conditions are less than the basic VFR
conditions described in Sec. 91.155 of this chapter, until
proficiency in circling approaches has been successfully
demonstrated in an approved simulator or aircraft to a person
authorized by the Administrator to conduct the check required by
this section.
(3) If the flight simulator used pursuant to this paragraph is
not qualified and approved for landings--
(i) The applicant must hold a type rating in the airplane
represented by the simulator; and
(ii) Have completed, within the preceding 90 days, at least
three takeoffs and three landings (one to a full stop) as the sole
manipulator of the flight controls in the type airplane for which
the pilot-in-command proficiency check is sought.
In an apparent reference to proposed paragraph (g), which required
a pilot's first PIC proficiency check to be accomplished in an
aircraft, FSI commented that it believes that part 142 will have the
same supervision and scrutiny required of training programs currently
conducted under part 121, and that even the first proficiency check
should be allowed in a flight simulator, as currently permitted under
Sec. 121.439 (sic). (Apparently the commenter was referring to
Sec. 121.441.)
The FAA has considered the comment in the overall context of
increasing the use of simulation in lieu of checking in an aircraft.
The inclusion of a certificate limitation, as described in the
discussion of Secs. 61.64 and 61.158, requiring SOE for certain less
experienced pilots, will assure that pilots first due a PIC proficiency
check in a specific type aircraft will have had some aircraft
experience. Accordingly, after further consideration, the FAA has
concluded that proposed paragraph (g) is unnecessary and it has not
been adopted.
Proposed paragraph (i) stated the following:
(i) If a pilot takes the check required by this section in the
calendar month before, or the calendar month after, the month in
which it is due, the pilot is considered to have taken it when due,
and future proficiency check due dates do not change.
AMR commented, ``The proposed paragraph 61.58(i) leaves open the
same questions that the existing language in parts 61.58(g) and
135.301(a) leave open. The proposed paragraph establishes a base month,
and a 90-day window for checking.'' AMR continues that there are any
number of good reasons why a pilot may not get the check required by
this section within the specified time period, and that the proposed
language does not address the case of a pilot whose currency has
lapsed. It recommends that the period for checking be extended to
include the period from the month before the month a check is due until
2 months after the month a check is due. It further recommends that
another subparagraph be added to specify that, for those pilots who do
not complete a proficiency check during the period due, a new 12-month
period for proficiency check due dates will begin upon completion of
the proficiency check.
The FAA does not agree that extending the acceptable time period
for completion of a proficiency check for 2 months beyond the due date,
and allowing a total window of 4 months for an annual proficiency
check, is warranted. Safety dictates that a pilot's proficiency be
checked regularly and with some degree of frequency. The FAA has found
it acceptable to conduct annual proficiency checks. The scenario
described by the commenter would allow annual proficiency checks to
become 14-month proficiency checks.
The FAA does not agree that a new provision is necessary for pilots
whose currency has lapsed. Paragraph (a) speaks to such a situation in
that the pilot must be able to look back over the current month and the
preceding 12 months or 24 months and find that he or she has completed
the required check.
AIA and Boeing commented that this section should not contain new
flight training device definitions.
Flight training device definitions are contained in Sec. 61.2 as
adopted, and the rationale for adding those definitions is
[[Page 34521]]
provided in the discussion of that section.
As discussed above, the FAA has revised proposed paragraph (e) and
deleted proposed paragraphs (f), (g) and (i), and redesignated
remaining paragraphs accordingly. This section is adopted with the
changes discussed.
Sec. 61.63 Additional aircraft ratings for other than airline
transport pilot certificate (for parts 121 and 135 use only).
The FAA proposed to revise this section title to make it clear that
this section is applicable only to applicants who are pilot crewmember
employees of a part 121 or part 135 certificate holder. This section
would continue to set forth the requirements for adding additional
aircraft ratings to pilot certificates other than ATP certificates.
The NPRM proposed a new Sec. 61.64, titled ``Additional aircraft
ratings for other than airline transport pilot certificates (for other
than parts 121 and 135 use).'' This proposed section contains
provisions for adding ratings for airmen other than pilots applying for
an additional type rating through successful completion of a part 121
or part 135 approved training program. The detailed testing guidelines
are contained in FAA Practical Test Standards. More discussion on PTS
follows in subsequent paragraphs, and under the analysis of comments
about proposed Sec. 61.158 and appendix A of part 61).
Several commenters, including TWA, said that the phrase, ``(for
parts 121 and 135 use only)'' is confusing, and that the FAA should
``enforce one, and only one, set of standards for an ATP certificate.''
Crew Systems said that the proposals appear to create two types of
pilot certificates, one for part 121 and part 135 operations and one
for all other operations.
The FAA has but one set of standards for the ATP certificate, or
for any other certificate. Section 61.63 and Sec. 61.64 are written
differently to articulate the different procedures for gaining added
ratings, including an added rating to the ATP certificate. Neither
section addresses standards for the application of the ATP certificate.
Part 61 has for years listed, under several paragraphs entitled
``Flight proficiency'', broad areas of operations in which each
applicant must demonstrate competence to be awarded any airman's
certificate except for the ATP certificate. For the last several years,
the specific tasks appropriate for an applicant for any certificate or
rating, the conditions under which the tasks are to be performed, and
the standards for each task have been published in PTS.
Additionally, the FAA points out that there are now and have been
for many years at least two different ways to gain an ATP certificate,
or ratings to that certificate, or both. The certificate and ratings
may be earned pursuant to the successful completion of an air carrier
training program or by meeting the requirements of Sec. 61.63 or
Sec. 61.157 outside an air carrier training program. Sections 61.63 and
61.64 recognize the different ways to gain added ratings, and address
the use of simulation for each of those ways.
AIA, Boeing, and AMR commented about this section (and Sec. 61.64)
in general. They stated that these sections are redundant, and that the
requirements for a type rating or an ATP should be the same regardless
of the employment status of the airman concerned.
NATA commented that there was insufficient basis for the formation
of what amounts to two types of ATP certificates, and that the
certification standards for additional ratings should be the same
regardless of employment. These comments were similar to several
others.
To clear some confusion apparently held by the commenters
referenced in the previous paragraph, the FAA points out that
Sec. 61.63 (and new Sec. 61.64) set forth the proposed requirements
that would have to be met to add all additional ratings to airman
certificates other than the ATP certificate, but not the requirements
for the ATP certificate nor added ratings to that certificate.
As stated earlier in the discussion of this section, the FAA agrees
that there is only one standard for any added rating. The commenters
have observed that there have been two different sets of certification
requirements (but not standards) for an added rating to the ATP
certificate. One requirement is the PTS, which requires all applicants
who are not applying by virtue of having successfully completed an
employing air carrier training program to complete all listed tasks.
Another requirement, appendix A of part 61, allows waiver of training,
testing, and checking of tasks that are excluded by an air carrier's
operations specifications for those applicants who are applying by
virtue of having successfully completed an employing air carrier
training program.
Airbus commented that proposed Sec. 61.63 this section
inadvertently imposes an unnecessary economic burden on training
centers of aircraft manufacturers which manufacture airplanes to meet
the standards of part 25. It states that this section proposed
Sec. 61.63 should be applicable to FAA inspectors and employees of a
manufacturer training center, along with aircrew employees of a part
121 or part 135 certificate holder.
The FAA does not see a different economic impact as a result of
applying the alternatives of this section, instead of Sec. 61.64, to
individuals who are not aircrew employees of a part 121 or part 135
certificate holder. The persons mentioned by the commenter have always
been required to complete all the requirements now enunciated in
Sec. 61.64; the exclusion from the requirement to train and test in
certain tasks (for example, the circling approach maneuver) never
applied to a pilot not employed by a certificate holder subject to the
operating rules of part 121. Therefore, the requirements of Sec. 61.64
are not additional requirements for the persons mentioned by the
commenter, and do not impose an additional economic burden.
In response to the comment about the requirements to be met by FAA
inspectors to gain an added rating, the FAA is clear that the
requirements for an individual airman apply to an FAA inspector.
For the reasons described, this section is adopted as proposed.
Sec. 61.64 Additional aircraft ratings for other than airline
transport pilot certificates (for other than part 121 and 135 use). The
FAA proposed in paragraphs (b)(1) and (c)(1) of this section that an
applicant who holds a pilot certificate and applies to add a category
or class rating must present a record of training certified by an
authorized flight instructor showing that the applicant has
accomplished certain training. Paragraph (d)(1) proposed that an
applicant who holds a pilot certificate and applies to add a type
rating must present a record of training certified by an authorized
ground or flight instructor showing that the applicant has accomplished
certain training.
In addition to the comments on this section already addressed in
the discussion relating to proposed Sec. 61.63, FSI commented that the
wording of proposed Secs. 61.64(b)(1), (c)(1), and (d)(1) be changed to
delete the words ``flight'' and ``ground'' wherever they appear before
the word ``instructor.'' In essence, it says that, as proposed, this
section would not allow authorized instructors, who do not hold flight
instructor certificates, to certify flight training accomplished in
simulation. It states that this practice already is permitted under
existing exemptions.
The FAA agrees. Accordingly, the final rule incorporates the
revisions suggested by FSI.
Paragraph (e) proposed the following:
[[Page 34522]]
(e) The tasks required by paragraphs (b), (c), and (d) of this
section shall be performed in--
(1) An airplane of the same type, for which the type rating is
sought; or
(2) Subject to the limitations of paragraph (e)(3) of this
section, a flight simulator or a flight training device that
represents the airplane type for which the type rating is sought.
(3) The flight simulator or flight training device use permitted
by paragraph (e)(2) of this section shall be conducted in accordance
with an approved course at a training center certificated under part
142 of this chapter; or
(4) In another manner approved by the Administrator.
STI asked, ``What could be a possible (sic) another manner approved
by the Administrator?'' It asked if the intent is to allow current part
61 exemption holders to submit a program outside of a part 142
certificated training center. STI believes that to do so would allow
organizations to offer additional type ratings without a part 142
certificate, and that would negate ``the level playing field for all
operators subject to part 142 certification.''
The new rule will allow current part 61 exemption-holding simulator
training centers to continue to operate only if they obtain a part 142
certificate. The phrase in question was intended to allow for approval
of unforeseen circumstances for completing the tasks required to obtain
a part 142 certificate without changing the rule. The FAA has
determined, therefore, that proposed paragraph (e)(4) can be withdrawn
and has renumbered several paragraphs accordingly.
In a general comment concerning actual aircraft flight experience,
the NTSB stated the following:
The Safety Board realizes that there are limitations to
simulation and believes that the proposed regulations must be
sensitive to the safety needs served by retaining some aspects of
actual flight experience.
The NTSB continued:
The Safety Board recognizes that experience in * * * training
devices cannot fully replicate operational experience in the actual
flight environment and the ``seasoning'' that such experience
provides * * *. The Safety Board urges the FAA to review the
proposed regulations to ensure that they achieve the intent while
still safeguarding basic pilot and instructor skills provided by the
physical operating environment.
In another comment addressing general experience in actual aircraft
flight, ALPA stated the following:
While it is true that aircraft simulation has reached
unparalleled levels of realism, and we strongly support increased
use of advanced simulation, there are other factors which are
important, especially for low-time pilots.
One factor is familiarity with and management of the air traffic
control (ATC) environment. Unless every simulator flight is
conducted as line oriented flight training (LOFT), a great deal of
the required ATC interaction is missed. Under ideal circumstances,
LOFT will include realistic interaction with ATC and other aircraft.
Unfortunately, LOFT sessions are not always conducted with this
degree of environmental realism. It is the operation and decision-
making experience which one receives in an aircraft in an ATC
environment, including interaction with other aircraft, which makes
them a safer pilot. This is especially important early in a pilot's
learning experience.
ALPA added: ``For these reasons, caution should be exercised in
relying too heavily on simulator training in a pilot's early training
and experience,'' and ``A pilot who is a candidate for an ATP has
likely flown for a commercial operator for several years. * * *''
The FAA agrees with the commenters' analysis of the importance of
actual aircraft experience when an applicant will use flight simulation
for a large portion of required training and testing. The FAA has had,
for years, mechanisms for part 121 air carriers and for part 91 and
part 125 operators to ensure the flying public that PIC's have actual
aircraft experience prior to acting as PIC for aircraft requiring a
type rating. Part 121 has a requirement for a potential PIC to receive
specified initial operating experience (commonly known as IOE, required
by Sec. 121.434) under the supervision of a check pilot. This operating
experience requirement applies only to the ATP certificate.
Notwithstanding the recency of experience requirement of
Sec. 61.57, experienced pilots who operate under part 91 or under part
125 have no further operating experience requirement. Relatively
inexperienced pilots who intend to operate under part 91 or under part
125 and who gained an airman certificate with a type rating or added a
type rating to any level of airman certificate entirely by training and
testing in a flight simulator have had a limitation placed on their
airman certificate requiring operating experience similar to that
required by Sec. 121.434. The terms of exemptions permitting these
pilots to train and test entirely in flight simulators defined the
experience level thresholds and set the requirements for SOE. The SOE
requirement applies to any level of airman certificate. The SOE
requirement applies only to a pilot who is to act as PIC for the first
time in a particular type aircraft, and may be completed under the
supervision of another qualified and current PIC.
In light of its long-standing requirements for operating experience
for new PIC's of aircraft requiring a type rating and to implement the
NTSB recommendations and those of other commenters, the FAA is
convinced that, in the interest of safety, it is essential to continue
requirements for sufficient operating experience before newly
certificated or rated pilots act as PIC's of aircraft requiring a type
rating.
For the reasons discussed in the preceding paragraphs, the FAA has
added new paragraphs (e)(4) through (e)(12) specifying SOE requirements
for certain less experienced pilots who apply for an additional rating.
These revisions are fully responsive to the NTSB's and ALPA's comments.
They reflect current FAA practice with limitations contained in
exemptions or placed directly on pilot certificates or ratings obtained
through simulation.
With the exception of the revisions discussed above, Sec. 61.64 is
adopted as proposed.
Sec. 61.65 Instrument rating requirements. The FAA proposed in
paragraph (c)(3) of this section, that an applicant for an instrument
rating would have to have received instruction in instrument approaches
using two different nonprecision approach systems and one precision
approach system. Paragraph (g)(3)(i) proposed that the practical test
for the instrument rating must include at least one published
precision, nonprecision, and circling approach. Previously, this
section had listed specific types of precision and nonprecision
instrument approaches that an applicant had to receive instruction for,
and had to satisfactorily accomplish, during practical testing.
One commenter said that this section should continue to list
specific non-precision and precision approaches that an applicant must
train for and show competence in, instead of changing to the generic
description, as proposed.
The FAA believes that this change will help keep the rule from
being or becoming obsolete and will provide relief to some applicants.
With ever-changing technology, some instrument approaches may become
obsolete in a few years. New instrument approaches have been added
since the current rule was written, and other new ones are certain to
be added.
For the reasons discussed, paragraphs (c)(3) and (g)(3)(i) are
adopted as proposed.
Section 61.65(e)(2)(ii) proposed that the 20 hours of instrument
instruction by an authorized instructor in a flight simulator or flight
training device, currently allowed under part 61, be
[[Page 34523]]
increased to 30 hours of instruction in a flight simulator or flight
training device if the instruction is accomplished in an approved
course conducted by a training center certificated under part 142.
Paragraph (h)(1) of the proposed revision to this section would
permit the total pilot aeronautical experience requirement for the
instrument rating to be reduced from 125 hours of pilot flight time as
currently required by Sec. 61.65(e)(1) to 95 hours of pilot flight
time, which may include 35 hours of simulated or actual instrument
flight time if the entire instrument curriculum is accomplished under
an approved part 142 course.
Andrews University asked why the increase in credit, and why part
141 pilot schools could not also have an increase to 30 hours.
AMR Combs (AMR), an affiliate of American Airlines, and NATA
commented that the proposals for certain reductions in aeronautical
experience or instructional hours for the instrument rating conducted
at a part 142 training center place part 141 pilot schools at a
competitive disadvantage. They recommended that the FAA grant similar
authority to part 141 schools that have approved flight simulators or
flight training devices.
Jeppesen-Sanderson commented that if a reduction of required hours
from 125 hours of pilot flying time to 95 hours is valid for part 142
then it is valid for part 141.
Another commenter said that the proposed reduction of pilot flying
time to 95 hours under proposed paragraph (h)(i) does not do justice to
the level of exposure a person should have to operate safely in the IFR
environment. The commenter continues that he can attest to the
difficulties encountered when experience requirements were reduced from
200 to 125 hours. The commenter believes that the level of skill
required of the single-pilot IFR operation is the most demanding in
aviation. The commenter states that the rigid oversight proposed for
part 142 is commendable, but inadequate to compensate for the lack of
experience.
The FAA believes that the proposed changes discussed above are
justified based on innovative training concepts that will be a feature
of part 142 training centers. The reasons for the creation of a new
training entity and assigning specific authorities and privileges to it
are discussed under a previous section in this document entitled
``Discussion of the Amendments and the New Rule.''
While part 141 allows the use of ground trainers, except for part
121 and part 135 certificate holders training their own aircrews, under
this final rule, all flight simulator training, testing, and checking
for which an airman is to receive credit to satisfy any requirement of
14 CFR must be accomplished in part 142 training centers. These
training centers will be subject to more stringent training program
requirements than part 141 pilot schools. Part 142 training centers
will be substantially more sophisticated than schools certificated
under part 141 by virtue of the use of the most advanced levels of
flight simulation. They will have considerably more detailed and
structured training programs, their instructors will be subject to more
demanding qualifications, and they will have more interaction with
potential air carrier clients than part 141 pilot schools have.
Experience has shown that there is a greater efficacy in more
structured training using high fidelity simulation than in traditional
aircraft-only or aircraft and complementary flight training device
training such as provided by a part 141 pilot school. At present, under
Sec. 141.41, a part 141 pilot school may use a flight simulator only to
the extent that a flight training device may be used. The requirements
for the part 142 certificate are discussed in more detail in the
applicable section-by-section discussion.
In response to the comment about placing part 141 pilot schools at
an economic disadvantage, the FAA believes that the considerations
discussed above justify the treatment afforded part 142 training
centers. For the reasons discussed, the aeronautical experience
requirements for the instrument rating can be reduced as proposed; all
other proposals discussed above also are adopted in the final rule.
Sec. 61.67 Category II pilot authorization requirements.
The FAA proposed in paragraph (c)(4) of this section that the
practical test for this authorization include approaches that need not
be conducted down to the alert height or decision height, as
applicable, authorized for Category II operations but only if the
approaches are conducted in a flight simulator or flight training
device. This section applies only to ILS approaches, since Category II
applies only to ILS approaches by definition.
Airbus Service Company, Inc., (Airbus) commented that references to
ILS in this section should be deleted, since other means of conducting
Category II operations will soon be available. It also recommended that
references to alert height be deleted, because it is not appropriate
for Category II operations.
The FAA agrees that other means of conducting precision instrument
approaches may soon be available. Those approach procedures may not
include different categories, as ILS procedures do. It would not be
appropriate to determine category requirements for other instrument
approach procedures that do not yet exist. Therefore, the references to
ILS contained in the proposed rule (this section and Sec. 61.68) are
adopted in this final rule.
The FAA agrees that alert height is a term not normally applicable
to Category II operations, and the term is deleted in the final rule.
The FAA stated in paragraph (d)(3) of this proposed section that
oral questioning could be conducted at any time during the flight
increment of the practical test.
One commenter stated that oral questioning must never be allowed
during the operation of an aircraft. He states that the demands placed
on an applicant being tested are great enough without the applicant
having to interrupt a train of thought to answer a question.
The FAA agrees that an applicant should not be carelessly
questioned during the conduct of a practical test. Routine questions
that can be effectively conducted in an interview situation while on
the ground should and will be conducted on the ground to the maximum
extent possible. However, the FAA believes that it is in the interest
of safety to allow evaluators to conduct limited oral questioning
during the practical test. The FAA needs to be able to determine that
an applicant is capable of recognizing and responding to outside
questions, statements, or directions. A verbal warning from air traffic
control (ATC) or another crewmember, an ATC inquiry about the status of
flight progress or windshear encounter, report of a windshear, traffic,
or other hazard to landing are examples of outside questions or
interruptions that a crewmember must be able to cope with and respond
to in the interest of safety. An effective method to determine that an
applicant can cope with these examples and all the requirements of a
practical test is to allow the person conducting the practical test to
insert realistic distractions or to make simulated instructions or
warnings to an applicant during the actual conduct of practical tests.
The FAA has determined that the duration of this authorization
should remain in Sec. 61.21. Accordingly, proposed paragraph (e) is not
adopted.
For the reasons discussed above, this paragraph is adopted as
proposed
[[Page 34524]]
except for the changes discussed, minor typographical corrections, and
deletion of the term ``alert height.''
Sec. 61.68 Category III pilot authorization requirements. This new
proposed section sets forth the requirements for a pilot to conduct
Category III operations. Several part 121 certificate holders commented
that the section should be amended to include the authority for part
121 and part 135 certificate holders to conduct the authorization
practical test pursuant to their approved training programs.
The FAA agrees that part 121 and part 135 certificate holders
should be authorized to conduct the practical test pursuant to their
approved training programs. A new Sec. 61.3(j) is adopted (as Sec. 61.5
(j) by this final rule to permit this practice.
The FAA stated in paragraph (e)(4) of this proposed section that
oral questioning could be conducted at any time during the flight
increment of the practical test.
Boeing and AIA commented that paragraph (e)(4) should be amended to
clarify that the oral increment and flight increment do not occur
simultaneously.
The FAA agrees that the two increments should be separate to the
extent possible, but believes that the authority of inspectors and
examiners to ask clarifying questions during the flight increment as
and if necessary should be stated in the rule. See the discussion of
oral questioning during the flight increment of the practical test in
the analysis of Sec. 61.67. Therefore, paragraph (e)(4) is adopted as
proposed.
Crew Systems commented that inclusion of Category III pilot
authorization provisions in this rulemaking is inappropriate, for such
provisions do not relate to the purpose of the rulemaking-the
certification of training centers.
One objective of this rulemaking is to facilitate the use of
simulation and to cause growth in that industry. One task that flight
simulators are being used for now, and almost certainly will be more in
the future, is Category III training and testing. Thus, the provisions
of this proposed section relate directly to the primary purpose of this
rulemaking.
AMR commented that the ``excruciatingly detailed practical test
procedures in proposed paragraph 61.68(e)'' are not appropriate
regulatory material. It suggests that the FAA delete proposed paragraph
(e) of Sec. 61.68 in its entirety. It recommends that the proposed
training and practical test procedures be included in AC 120-28C, or
published in PTS. Ferrarese Associates, Inc., made essentially the same
comment.
The FAA has determined that it is appropriate to set forth those
mandatory requirements for experience and testing of airmen applying
for Category III authorization in a regulation. An advisory circular
gives non-mandatory advice only for a means, but not the only means, to
accomplish certain actions. The information in this section is similar
to the regulatory language concerning Category II approach
authorization, contained, for many years, in Sec. 61.67.
The FAA has determined that the duration of this authorization
should remain in Sec. 61.21. Accordingly, proposed paragraph (f) is not
adopted. With this change, this section is adopted as proposed.
Sec. 61.109 Airplane rating: Aeronautical experience. The FAA
proposed to allow credit for instruction received in approved flight
simulators and approved flight training devices in this section. The
FAA previously required 20 hours of flight instruction, and all of that
instruction must have been received in an airplane.
Under this proposed section, a maximum of 2.5 hours of flight
simulator or flight training device instruction from an authorized
instructor is creditable toward the 20 hours of flight instruction
required for a private pilot certificate, whether or not that
instruction is accomplished in a training center certificated under
part 142. The 2.5 hours of instruction time may be increased to 5 hours
of instruction in a flight simulator or flight training device,
provided the instruction is accomplished in an approved course
conducted by a training center certificated under part 142.
The flight instruction received in a flight simulator or flight
training device must be accomplished in a flight simulator or flight
training device representing an airplane.
Previously, Sec. 61.109 required at least 40 hours of flight
instruction and solo flight time. Under this proposed section, the 40
hours of aeronautical experience may be reduced to 35 hours provided
that the entire private pilot curriculum is accomplished under an
approved part 142 course.
The 35 hours of aeronautical experience may be further reduced
under paragraph (i) of this section if the applicant completes an
approved private pilot course and if the Administrator determines that
a further reduction is appropriate based on a demonstration of training
program effectiveness that warrants testing such a reduction. Under
this exception, a training center might propose a test training
curriculum the effectiveness of which might be validated by reference
to post-training data covering at least 1 year of student performance
before such a reduction could be considered for other students.
Andrews University commented that it agrees with this proposed
section.
The Japanese Civil Aviation Bureau commented that the reduced
aeronautical experience requirements of this section and Secs. 61.113,
61.129, and 61.131 may have an impact on Convention on International
Civil Aviation (ICAO) agreements, in that students meeting reduced
aeronautical experience requirements may not meet ICAO member states'
requirements for certificates based on a U.S. certificate.
The FAA points out that the reduced aeronautical experience
requirements authorized for part 142 training centers are the same as
the reduced aeronautical requirements that have been authorized for
part 141 pilot schools for many years. Therefore, certificates and
ratings issued under part 142 would have the same ICAO member states'
acceptance as certificates and ratings issued under part 141. The
provision of paragraph (i), which might allow a particular course with
fewer hours of aeronautical experience than otherwise specified in this
section, might lead to a limitation on an airman's certificate that is
similar to the limitation specified in Sec. 61.111(c) and in several
other sections in this part.
ALPA commented that the preamble discussion of paragraph (i) of
this section, and similar paragraphs contained in other proposed
sections, includes vague statements of data that a training center
would have to track to validate its ability to train effectively in
fewer than the minimum number of hours specified in each proposed
section.
The FAA agrees that the few terms offered as examples are not
elaborately discussed. The intention is to allow maximum flexibility to
a training center to develop, at some future date, innovative
curriculums that might adequately train for a specific certificate or
rating in fewer than the current minimum number of hours. In order to
gain the privilege of further reducing minimum training hours, a
training center will be required to demonstrate that it can provide
proper training in fewer hours. To accomplish this, it would have to
propose a method of tracking graduates and collecting data to validate
training program effectiveness. Data to be tracked to point to program
effectiveness might include incidents, accidents, hours flown, and type
of flying. A training center would have to present historical data
covering at least
[[Page 34525]]
1 year (or other period of time approved by the Administrator) before
it could be granted a reduction in the minimum hours prescribed in this
section. Data covering performance over this period of time is
considered necessary to properly evaluate student performance. Data
covering a shorter term would not be sufficient to allow the FAA to
evaluate performance during varying seasonal conditions.
ALPA also commented that 1 year of data collection is an inadequate
period to collect data from which to draw conclusions used to validate
the effectiveness of training students in fewer than the minimum number
of hours set forth in the proposed rule. In support of this comment, it
stated that accident and incident rates are difficult to quantify for
even 10-year periods.
The FAA points out that accidents and incidents are just examples
of pilot performance that may be tracked, and are not meant to be the
only items tracked. The FAA believes that it is in the public interest,
and safe, to allow a reduction if data collected and evaluated justify
such a reduction. If the performance data do not clearly justify the
reduction, none will be undertaken. If, after a test is undertaken, the
FAA determines that the performance of the pilots in the test group is
below standard, the FAA will modify the validation data collection
period or any other control measure that may be indicated.
AMR commented that part 141 pilot schools would be at a
disadvantage in that, unlike training centers, they would not be
permitted to reduce the number of hours of aeronautical experience as
proposed in this and similar sections. It recommends that pilot schools
be allowed the same opportunity if the pilot school has approved flight
simulators or flight training devices.
The minimum number of hours of aeronautical experience proposed in
the NPRM for purposes of part 142 is the same aeronautical experience
required under part 141 for several years. The potential for an even
further reduction is extended to part 142 training centers only,
because the FAA is convinced that further reduction would be possible
at this time only under the more sophisticated training environment
required of these schools.
AMR also commented that in the training environment it is
relatively normal for a student to have more than one instructor during
a course of instruction. Proposed Sec. 61.109(a), it points out, speaks
of a singular instructor, as does the existing regulation. To better
reflect the training center environment, and to avoid the implication
that a trainee must have one and only one instructor, it recommends
that the proposed language be changed to say ``flight instruction from
an authorized instructor or instructors.''
The FAA agrees that students are likely to have more than one
instructor, and it does not intend to prohibit this practice. The term
``authorized instructor'' as used throughout this final rule is
intended to mean that instruction may be received from one instructor
or from more than one instructor. The interpretive rules in 14 CFR part
1 state that words importing the singular include the plural, and that
words importing the plural include the singular.
Therefore, for the reasons stated, this section is adopted as
proposed.
Sec. 61.113 Rotorcraft rating: Aeronautical experience. Under
current Sec. 61.113, an applicant for a private pilot certificate with
a rotorcraft category rating must have at least 40 hours of flight
instruction and solo flight time in aircraft. Instruction in flight
simulators or flight training devices is not authorized. The FAA
proposed in paragraph (a)(1) of this section that the 40 hours of
flight instruction and solo flight time must include at least 20 hours
of flight instruction from an authorized flight instructor.
AMR made substantially the same comment that it made about proposed
Sec. 61.109 about a student having more than one instructor. See that
section for the FAA response.
With minor revisions to its format and structure, this section is
adopted as proposed.
Sec. 61.129 Airplane rating: Aeronautical experience. Under
proposed Sec. 61.129(b), an applicant for a commercial pilot
certificate with an airplane rating would have to have at least 250
hours of flight time as a pilot, which could include not more than 50
hours of instruction in a ground trainer acceptable to the
Administrator.
Under proposed Sec. 61.129(b)(1)(ii), up to 100 hours of flight
simulator instruction or flight training device instruction could be
credited toward the 250 hours of total flight time if the instruction
is accomplished in an approved course conducted by a training center
certificated under part 142. To be credited toward the total flight
time requirement for a commercial pilot certificate, flight simulator
or flight training device instruction received would have to be
accomplished in a flight simulator or flight training device
representing an airplane.
AMR, in a comment identical to several others, commented that the
terms of proposed Sec. 61.129(b)(1)(ii) should be made applicable to
training under part 121, part 135, part 141, or SFAR 58.
For reasons discussed in the analysis of comments to Sec. 61.65,
additional flight time may be performed in a simulator and credited
toward total flight time, only if the simulated flight time is
accomplished in accordance with a training program approved under part
142, part 121, or part 135.
NATA commented that this section should be left unchanged.
Jeppesen-Sanderson commented that an approved part 142 commercial
course would allow all training, including cross-country experience, to
be conducted in a flight simulator or flight training device, and that
``* * * it is impractical to conduct the entire commercial training
program in a simulator or flight training device.''
In fact, the proposed rule would not affect the current requirement
pertaining to cross country flights, and it proposed that a maximum of
100 hours of the total of 190 hours of aeronautical experience may be
accomplished in a flight simulator under part 142. The justification
for permitting up to 100 hours of training to be accomplished in a
flight simulator may be found in the discussion of comments to
Sec. 61.65 and in the section of this document entitled ``Discussion of
the Amendments and the New Rule.''
The FAA has decided to omit the words ``Approved commercial pilot
training program conducted under part 142'' from the title of paragraph
(c). Paragraphs within a section do not normally have titles. With this
change, this section is adopted as proposed.
Sec. 61.131 Rotorcraft rating: Aeronautical experience. Under
current Sec. 61.131, an applicant for a commercial pilot certificate
with a rotorcraft category rating must have at least 150 hours of
flight time, including at least 100 hours in powered aircraft, 50 hours
of which must have been in a helicopter.
Under the proposed revision to this section, the applicant may
obtain 35 hours of credit toward total flight time requirement in a
flight simulator or flight training device, or a credit of up to 50
hours of the total required flight time in a flight simulator or flight
training device if the flight simulator time or flight training device
time is obtained from a training center certificated part 142.
Previously, there was no provision for crediting flight simulation time
toward this rating. Under the proposed rule, to be credited toward the
total 150-hour flight time requirement, flight simulator or flight
training device instruction received
[[Page 34526]]
would have to be accomplished in a flight simulator or flight training
device representing a rotorcraft.
A provision to allow a further reduction of the 150-hour flight
time requirement, based on demonstrated ability to accomplish training
requirements in less time, was also proposed.
AMR commented that the ratio of dual time to solo time is out of
balance, and that each of those categories of aeronautical experience
should be adjusted.
The ratio of dual to solo aeronautical experience is not
appropriate to consider in this rule, which is aimed at increased use
of simulation. The NPRM did not propose any changes to either solo or
dual flight time requirements.
With minor typographical changes, this section is adopted as
proposed.
Sec. 61.155 Airplane rating: Aeronautical experience. The FAA
proposed to amend this section to allow more credit for the use of
simulation toward the total required aeronautical experience
requirement for an airplane rating on an ATP certificate.
Under existing Sec. 61.155 (b)(2), an applicant for an ATP
certificate with an airplane rating must have had at least 1,500 hours
of flight time as a pilot, including, among other things, at least 75
hours of actual or simulated instrument time, at least 50 hours of
which were in actual flight. Up to 25 hours could have been obtained in
a simulator.
Under the provisions of paragraph (a)(2)(iii)(B) (3)(ii) of the
proposal, the 25 hours of simulated instrument time previously allowed
could have been increased to 50 hours if accomplished in an approved
course conducted by a training center certificated under part 142.
ALPA and Andrews University commented that it is inconsistent to
propose to allow an increase of only 50 hours of simulated flight time
for an applicant for an ATP certificate since proposed Sec. 61.129
would permit a student to credit up to 100 hours of simulated flight
experience toward the total requirement for the commercial certificate.
The FAA believes that the proposal is not inconsistent. The flying
hour credit allowed by proposed Sec. 61.129 was for total flight hours;
the credit in this proposed section is for simulated instrument
experience. However, in response to comments, paragraph (a)(3), as
adopted, allows not more than 100 hours of total simulated pilot
experience to be credited toward the total requirement for this
certificate. This recognizes that those 100 hours could already be a
part of time accumulated in obtaining a commercial pilot certificate.
NATA and ATA commented, in a comment similar to that of several of
its member organizations, that the proposal permitting increased
amounts of simulated flight time to be credited as aeronautical
experience should be extended to part 121 and part 135 certificate
holders, and to holders of AQP authorization.
It was not the purpose of this rulemaking to extend increased
training credits to holders of certificates issued under part 121 or
part 135. However, any curriculum can be organized for presentation
under principles described by AQP, presented to the FAA for approval
and, upon approval, presented to aircrew employees of the authorization
holder or, if the authorization holder also holds a part 142
certificate, to any other person.
Boeing commented that this proposed section is not applicable to
foreign pilots and military pilots.
The provisions of this proposed section, however, do apply to
military pilots and foreign pilots.
This proposed section is adopted with the changes described above.
Sec. 61.157 Airplane rating: Aeronautical skill (for parts 121 and
135 use only). The FAA proposed to revise this section title to make it
clear that it is applicable only to applicants for an ATP certificate
(with an airplane rating) who are pilot crewmember employees of a part
121 or part 135 certificate holder applying pursuant to that employer's
approved training program. The FAA proposed a new Sec. 61.158 that
applies to other applicants, as discussed under the next heading.
Numerous comments were received concerning this section. In
addition to the persons commenting on proposed Sec. 61.63, which
concerns a similar subject, American Airlines (American), Delta, and
FSI commented on this section. The comments were substantially the same
as the comments regarding proposed Sec. 61.63.
See the response to comments concerning proposed Sec. 61.63 for a
discussion of the reasons for reserving Sec. 61.63 for part 121 and
part 135 use. The same rationale applies to this proposed section.
The FAA will continue the practice of allowing waiver of certain
maneuvers, on an individual basis, as currently provided in appendix A
of part 61 and the PTS, for those persons who have successfully
completed an employing air carrier's approved training program for the
type airplane involved within the preceding 6 calendar months. The
waiver authority will apply only to applicants whose employer does not
have the procedure authorized in the operations specifications, for
example, circling approaches authorized by operations specifications.
The waiver authority will not apply to all persons who are employed by
an air carrier simply because of that person's employment.
The FAA restructured proposed paragraph (a) to better conform to
proper outline and grammatical construction. The subject matter of
proposed paragraph (a)(2) is better placed in existing paragraph (c).
However, in the final rule, the FAA has determined that only paragraph
(g) should be added and therefore has withdrawn proposed paragraphs (a)
and (c).
The FAA has, for years, received questions about whether completion
of a proficiency check taken under part 121 or part 135 would suffice
for the certification requirements of this section. The FAA has
maintained a policy that the proficiency checks in question suffice to
meet the certification requirements of this section. To make that
position clear, the FAA has added a new paragraph (g) to this proposed
section.
This section is adopted with the changes discussed.
Sec. 61.158 Airplane rating: Aeronautical skill (for other than
parts 121 and 135 use). The FAA proposed in this new section general
skill requirements for each ATP certificate applicant with a single-
engine or multiengine class rating or type rating if the applicant is
not a participant in an air carrier training program as an aircrew
employee of an air carrier. This proposed section was intended to
clarify which certification procedures apply to aircrew employee
applicants of air carrier approved training programs and which apply to
other applicants.
Paragraph (c) proposed the following:
(c) The tasks required by paragraphs (a) and (b) of
(Sec. 61.158) shall be performed in--
(1) An airplane of the same class, and, if applicable, an
airplane of the same type, for which the class rating or type rating
is sought; or
(2) Subject to the limitations of paragraph (c)(3) of this
section, a flight simulator or a flight training device that
represents the airplane type for which the type rating is sought, or
set of airplanes if the airplane for which the class rating is
sought does not require a type rating.
(3) The flight simulator or flight training device use permitted
by paragraph (c)(2) of this section shall be conducted in accordance
with an approved course at a training center certificated under part
142 of this chapter; or
(4) In another manner approved by the Administrator.
[[Page 34527]]
STI asked, in essence, whether paragraph (c)(4) is intended to
allow current part 61 simulator exemption holders to submit a training
program for FAA approval without first obtaining certification under
part 142.
This is the same question that STI asked concerning proposed
Sec. 61.64. Proposed paragraph (c)(4) is withdrawn for the same reasons
stated in the response to the comment regarding proposed Sec. 61.64,
and subsequent subparagraphs have been added to include the
requirements for SOE for certain pilots who train and test for added
ratings predominately or entirely by flight simulation.
Several other commenters stated that the FAA appears to be
proposing two different standards for the ATP certificate or added
ratings to that certificate, one standard applicable to applicants who
will conduct air carrier operations and a second standard for
applicants who will conduct other than air carrier operations. See
Sec. 61.64 for the FAA response to comments made by the NTSB and ALPA
that applies also to this section.
An editorial change was made to paragraph (a)(1) of this section to
make the titles of the areas of operation exactly match the table of
contents for those areas of operation in PTS ``FAA-S-8081-5.''
Editorial changes were made to paragraph (2) to make it clear that that
paragraph applies only to additional airplane ratings. Additionally,
although no comments were received about these proposals, the FAA has
withdrawn proposed paragraph (2) (iii) and (iv) of this section given
that they cover issues not germane to the objectives of this final
rule.
A few part 121 certificate holders asked if proposed Sec. 61.158
would apply if a type rating is sought from a trainer other than one's
own employer.
As proposed, this section would apply to all applicants, who are
not aircrew employees of a certificate holder, being trained in
accordance with the requirements of subpart N of part 121 or subpart H
of part 135, as applicable.
Andrews University asked what minimum level of flight simulator or
flight training device would be required by proposed paragraph (c)(2)
to conduct a practical test.
As discussed elsewhere throughout the proposal, the simulation
medium, in addition to the requirements set forth under proposed
paragraph (c)(2), must be qualified and approved for each maneuver,
procedure, and crewmember function for which a training center proposes
to use that simulation medium. The qualification standards are listed
in AC 120-40, as amended, and AC 120-45, as amended, as applicable. In
addition to the guidance contained in these AC's, the FAA is preparing
a new AC 120-46, mentioned earlier in the discussion under Sec. 61.1,
which will assist training center certificate applicants by presenting
a matrix showing the level of simulation that is approved for various
maneuvers, procedures, and crewmember functions. The availability of
that AC will be announced separately.
This proposed section is adopted with the changes discussed in the
preceding paragraphs.
Sec. 61.161 Rotorcraft rating: Aeronautical experience. Under
current Sec. 61.161(b), an applicant for an ATP certificate with a
rotorcraft category and helicopter class rating must have had at least
1,200 hours of flight time as a pilot, including 75 hours of instrument
time, 25 hours of which may have been simulated instrument time in a
flight simulator or flight training device. Proposed Sec. 61.161 would
allow the 25 hours of simulated instrument flight time to be increased
to 50 hours if accomplished in an approved course at a training center
certificated under part 142. To be credited toward the total flight
time requirement, flight simulator or flight training device
instruction would have to be accomplished in a flight simulator or
flight training device representing a rotorcraft.
AMR commented that the 25 hours of simulated instrument flight time
should be increased to 50 hours if accomplished under part 121, part
135, or part 141 if accomplished pursuant to an AQP authorization.
The FAA does not agree that it is appropriate to increase simulated
flight time as recommended by this commenter. See the section-by-
section discussion under Sec. 61.65 and the section of this preamble
entitled ``Discussion of the Amendments and the New Rule'' for the
rationale behind FAA's position on this issue.
For the reasons discussed above, this section is adopted as
proposed.
Sec. 61.163 Rotorcraft rating: Aeronautical skill. The FAA
proposed to revise this section to allow an airman to complete the
practical test for a helicopter rating in a flight simulator or flight
training device if the practical test is taken as a part of a
curriculum at a training center certificated under part 142.
FSI asked if it is an oversight that this section does not contain
some of the same proposed paragraphs that are contained in proposed
Sec. 61.158, which is the parallel section for airplane ratings.
It is not an oversight that this section does not exactly parallel
Sec. 61.158. The proposals that FSI questions contain provisions that
would require an applicant to present a record of having received
ground training and flight training on specified subjects, and to have
been shown competent in specified areas of aeronautical knowledge.
Proposed Sec. 61.158(a)(2)(iii) and (iv), which are the two
paragraphs the commenter suggested that the FAA parallel in this
section, have been withdrawn from Sec. 61.158 in this final rule as
issues not germane to the objectives of this rulemaking. The FAA did
not propose similar provisions in proposed Sec. 61.163. Therefore, it
is inappropriate to consider this comment at this time. The comment
will be considered if such proposals are made in the future for
rotorcraft ratings.
FSI also recommended that the proposed areas of operations listed
in Sec. 61.163(a) be titled and re-ordered to be consistent with the
table of contents contained in ``Airline Transport Pilot and Type
Rating,'' (PTS FAA-S-8081-5).
The FAA has changed the listing of areas of operation as suggested.
In response to the comments addressed in the discussion of
Sec. 61.158 and for the reasons stated there, the FAA has placed
additional paragraphs in this section concerning added ratings obtained
substantially or entirely in flight simulation.
This section is adopted as amended.
Sec. 61.169 Instruction in air transportation service. This
proposed section would require that ATP's giving instruction in
Category II or Category III operations be trained and tested in
Category II or Category III operations, as applicable.
Paragraph (a)(3) proposed that all instruction provided by ATP
certificate holders be conducted in aircraft with functioning dual
controls.
BAe, in a comment similar to several others, commented that
proposed paragraph (a)(3) would allow an ATP to instruct only in
aircraft with functioning dual controls, not in flight simulators or
flight training devices.
Although the FAA did not specifically include simulation in this
proposed section, the intent of this rulemaking is to provide for
increased use of simulation wherever practical and where safety
permits. Therefore, the FAA agrees that this paragraph should be
revised to clarify that privileges of an ATP while instructing in air
transportation service includes instruction in a flight simulator or
flight
[[Page 34528]]
training device. A new paragraph (a)(2) has been added accordingly.
Proposed paragraph (b) continued the existing limitation that an
ATP could not instruct in an aircraft for more than 8 hours in any 24-
consecutive-hour period, nor for more than 36 hours in any 7
consecutive days.
Continental Airlines, FSI, and others commented that proposed
paragraph (b) should specify that the instruction time limitations
apply to aircraft only. These commenters specifically remarked that,
with a briefing and debriefing session that each last for 2 hours, a
simulator instructor's duty day may exceed 8 hours. FSI made the same
comment in reference to Secs. 142.49 and 142.87, and this proposed
section.
Proposed paragraph (b) did not include simulation in the
instructor's time limitation and simulator instruction would not have
been permitted by the proposal. However, because the FAA has modified
the proposal to allow simulator instruction, the FAA believes that duty
time limitations should apply to both simulation and aircraft.
Further, flight instruction time limitations regarding preflight
and post flight activities or briefings and debriefings have never been
addressed. The FAA has determined that, in this final rule, it is
appropriate to clarify that time spent performing these activities does
not count toward the proposed flight instruction time limitations.
Therefore, the words ``excluding briefings and debriefings'' have been
added to paragraph (b) of this section in the final rule.
AMR commented that, by proposing time limitations, the FAA is
mandating work rules, and that the FAA does not provide any
justification for the arbitrary limitations imposed.
The proposed time limitations are not new; they have been contained
in current Sec. 61.169 for many years. The clarification to paragraph
(b) discussed above should remove any confusion about not establishing
new instructor duty times for simulation instruction.
SFI commented that this rule is archaic and attaches a privilege
(instructing) to a certificate that demands neither training nor a
demonstration of skill as an instructor. It continues that the rules
applicable to instruction in air transportation service should be
contained in part 61 and that specialized requirements for air
transportation instructors should be contained in Secs. 121.411 and
135.337, as appropriate.
In addition to holding an ATP certificate, persons who instruct in
air transportation service in part 121 and part 135 must train, and in
implementing guidance requirements as an instructor and demonstrate
skill as an instructor, for the specialized application of air
transportation service. The FAA is convinced that these requirements
assure a level of safety for instruction equivalent to provisions of
part 61, for privileges limited to air transportation service.
This section is adopted with the changes discussed above.
Sec. 61.187 Flight proficiency. As proposed, this section would
permit an applicant for the flight instructor certificate to receive
the required instruction for a flight instructor certificate in a
flight simulator or flight training device used as part of an approved
course conducted by a training center certificated under part 142.
Previously, there was no provision for accomplishing the required
instruction in anything other than an aircraft.
An overwhelming number of comments favored expansion of simulation
to authorize its use for part or all of the instruction that flight
instructor applicants are required to receive. Commenters objected,
however, to the apparent requirement that all instruction must be
received in an approved part 142 training center course. Several
commenters, responding to the NPRM, suggested that the instruction
permitted by this section be permitted for air carriers, part 141
schools, and holders of AQP or other authorizations.
The FAA does not agree. This option has been considered in detail
in previous discussion of comments on Secs. 61.56, 61.57, and 61.155.
Jeppesen-Sanderson, and other organizations representing part 141
and part 61 pilot schools commented, also in response to the NPRM, that
a flight simulator could not do all the tasks in which a flight
instructor must demonstrate competence.
The FAA agrees that this comment is true. The reason for extending
the permitted uses for simulation to training and testing for the
flight instructor certificate, even though simulation will not
currently perform all the requisite tasks for that training and
testing, is the same as discussed in the section-by-section discussion
of Sec. 61.56, regarding future use of simulators.
A wording error in NPRM Notice 92-10 resulted in the proposed rule
text saying that an applicant for a flight instructor certificate must
have received instruction in a accordance with an approved course at a
training center certificated under part 142; the intention was to say
an applicant may receive instruction in such a course. Therefore, the
FAA announced in an SNPRM (FR 58 9514, February 19, 1993) that it had
inadvertently proposed to require that all instruction in preparation
for the airman practical test for this for this certificate be
accomplished in a part 142 course, when it intended to propose that, as
an additional option, the required instruction could be obtained in an
approved flight simulator or flight training device, if that
instruction is received during an approved course offered by a training
center.
AOPA, in its comment to the SNPRM, expressed support for the
changes proposed for this section.
One person, in response to the SNPRM, stated that he objected to a
change that would allow simulation to be used to satisfy any flight
time required for a flight instructor certificate. In his comment, he
stated: ``There * * * is no gain to be obtained * * * other than the
cost reduction by the big companies.''
The FAA believes that there are potentially significant cost
benefits for all persons involved in aviation training, including
individuals who may choose to use a training center for flight
instructor training whenever it becomes available.
In addition, the FAA has determined that allowing the training and
testing for a flight instructor certificate would result in additional
safety benefits if accomplished in a simulator rather than in an
aircraft.
After further analysis, the FAA believes that paragraphs (c)(2) and
(c)(4), as they appeared in the SNPRM, are inaccurate, in that
paragraph (c)(2) refers to a nonexistent flight instructor course
meeting part 61, subpart G, requirements, and paragraph (c)(4) refers
to a nonexistent flight instructor course under part 135. Additionally,
paragraph (c)(3) is repetitive of other provisions of subpart G of part
61.
Therefore, the FAA has revised these paragraphs in the final rule.
This section is adopted with the corrections discussed.
Sec. 61.191 Additional flight instructor ratings. The FAA proposed
to revise this section to permit an airman to accomplish the required
practical tests for flight instructor ratings in a flight simulator or
flight training device used as part of an approved course conducted by
a training center certificated under part 142. Previously, there was no
provision for accomplishing the practical test in anything other than
an aircraft.
The comments regarding this section are essentially the same as
those
[[Page 34529]]
submitted in response to proposed Sec. 61.187. For the reasons
discussed in response to proposed Sec. 61.187, this section is adopted
as proposed.
Sec. 61.195 Flight instructor limitations. This section proposed
to require flight instructors giving instruction in Category II or
Category III operations to be trained and tested in Category II or
Category III operations, as applicable.
One commenter agreed with the proposal, but remarked that he would
like a better definition of what the Category II and Category III
training would be.
While development of such a definition is not the purpose of this
rulemaking, testing requirements for these areas are described in
Secs. 61.67 and 61.68 and training should track the requirements of the
appropriate test.
This section is adopted as proposed, with an added reference to
Sec. 61.68.
Sec. 61.197 Renewal of flight instructor certificates. The FAA
proposed to amend this section to permit an applicant for renewal of a
flight instructor certificate to conduct the required practical test in
a flight simulator or flight training device in a course conducted by a
training center certificated under part 142. Previously, there was no
provision for accomplishing the practical test in anything other than
an aircraft.
In addition to the proposal stated above, the FAA inadvertently
included certain other proposals in this section. The inadvertent
proposals would have required medical qualifications for the renewal of
a flight instructor certificate (proposed Sec. 61.197(a)(1) and
(a)(2)), permitted alternative methods of renewal of the certificate
without accomplishing a practical test (Sec. 61.197(b)(1) and
(b)(2)(iv), and prohibited the use of a flight instructor refresher
clinic for more than two consecutive renewals of a flight instructor
certificate (Sec. 61.197(c)). After publication in the Federal
Register, the FAA realized that these proposals had been inadvertently
included in the NPRM. The FAA proposed to correct the error in an
SNPRM, Notice 92-10A, (59 FR 9514, February 19, 1993). In effect, the
SNPRM proposed to restore the provisions of current Sec. 61.197.
Over 200 comments were received concerning this proposed section as
written in the NPRM; nearly all opposed the inadvertent proposals.
However, a few comments were received concerning the proposal to allow
an applicant to renew a flight instructor certificate by taking a
practical test in flight simulation pursuant to part 142. These
comments were generally favorable.
Ten comments were received concerning the revised proposals
contained in the SNPRM. These commenters disagreed with the original
proposals contained in the NPRM, which in fact made them comments in
favor of the SNPRM. No comments were received that opposed the text as
proposed in the SNPRM.
For the reasons discussed, this section is adopted as proposed in
the SNPRM, except for deleting the words ``in an aircraft'' from
proposed paragraph (d). That revision was necessary to avoid an
inference that an applicant has to complete an approved course
conducted by a part 142 certificate holder in order to take the
practical test in an aircraft.
Appendix A to Part 61
The FAA proposed to change the title of appendix A to part 61 to
read ``Practical Test Requirements For Airplane Airline Transport Pilot
Certificate and Associated Class and Type Ratings (For part 121 and
part 135 Use Only).'' This proposal was a companion change to the
proposed change to Sec. 61.157, since appendix A implements
Sec. 61.157.
Boeing, AIA, and Crew Systems had the same comment that they had
concerning proposed Secs. 61.63 and 61.64. Essentially, the comment was
that the proposals appear to create two types of pilot certificates,
one for part 121 and part 135 operations and one for all other
operations.
The FAA response to this comment may be found by reference to the
discussion of comments about proposed Secs. 61.63 and 61.157.
Airbus commented that appendix A should be deleted, and that the
provisions of proposed Sec. 61.158 should be used instead. It adds that
if appendix A cannot be deleted, it must be amended to accommodate
modern aircraft.
The FAA agrees that appendix A has become somewhat obsolete.
However, the deletion or updating of appendix A does not relate to the
purpose of the proposed rulemaking upon which the final rule is based.
Therefore, in this final rule, appendix A is retitled, but
otherwise unchanged. The deletion or updating of appendix A will be
addressed as part of Phase II of the part 61 review which is referred
to under the section entitled ``Related Activity.''
Integration of Appendix B to Part 61 Into Practical Test Standards
The FAA proposed to delete appendix B to part 61. FSI asked about
the future of a document to replace appendix B.
The FAA does not plan to replace appendix B, as such. Instead, the
FAA lists broad areas of aeronautical knowledge in several sections
which specify requirements for various certificates and ratings. The
specific tasks recommended for an airman to demonstrate competence in
the broad areas of aeronautical knowledge are listed in implementing
documents, such as the PTS.
Therefore, appendix B is deleted in this final rule, as proposed.
Part 91
Sec. 91.191 Category II and Category III manual. The FAA proposed
to change the title of this section to include Category III manuals.
The text of the proposed section sets forth the requirements for
Category III manuals for civil aircraft conducting reduced visibility
operations. These operations are defined as Category III operations
elsewhere in part 91. Previously, there were no regulatory provisions
applicable to part 91 operators who might anticipate Category III
operations.
Airbus, in the only comment received, commented that part 91 is not
mature enough to warrant regulatory action.
The FAA does not agree. Earlier in this preamble the FAA discussed
the sophistication of aircraft operated under part 91, and the intent
to not wait until a greater number of aircraft are capable of Category
III operations before changing the rule to permit such operations under
part 91. The FAA is convinced that it is time to amend part 91 to
establish rules for reduced visibility operations.
AMR, in a general comment about the proposed changes to part 91,
stated that the proposals to amend part 91 appear to be totally
unrelated to the thrust of the NPRM.
The FAA believes that these proposals are related to the subject of
the NPRM. Simulation is and will be used as a primary training vehicle
for reduced visibility approaches. The NPRM proposed to require testing
for those persons who will be authorized to conduct such approaches in
a new Sec. 61.68. The proposed changes to Secs. 91.191 and 91.205
provide requirements for aircraft equipment and procedures for Category
III operations, which did not exist previously.
The FAA has determined that, in order to allow time for compliance,
persons desiring to obtain Category III
[[Page 34530]]
authorization should be given until August 1, 1997, to develop a
Category III manual. Persons developing a Category III manual may use
as general guidance Appendix A, modified as applicable, to address
Category III Manual, Instruments, Equipment, and Maintenance. Because
there will be few part 91 operators seeking Category III authorization,
the FAA does not anticipate that development of Category III manual
will impose a significant economic burden on a significant number of
operators.
This section is adopted as proposed, except for a change to
establish a separate effective date.
Sec. 91.205 Powered civil aircraft with standard category U.S.
airworthiness certificates: Instrument and equipment requirements. This
proposed section included requirements concerning instruments and
equipment for Category III operations.
Airbus made the same comment about this section that it made about
proposed Sec. 91.191.
The FAA response is the same as that set forth under Sec. 91.191.
This section is adopted as proposed.
Part 121
The FAA received numerous comments from major airline associations
and air carriers that a part 142 certificate should not be required to
continue to provide training to employees of other part 121 or part 135
certificate holders. These commenters stated that parts 121 and 135
contain sufficient requirements for instructors, evaluators (check
airman), and training program approval and that the FAA does not need
to separately specify those requirements in a new part to 14 CFR (part
142).
After reconsideration of the proposal in light of these comments,
the FAA agrees that parts 121 and 135 contain sufficient requirements
for training, testing, and checking any aircrew subject to those parts.
For that reason, the following proposed revisions to these sections of
part 121 have been withdrawn: Secs. 121.1, 121.401, 121.403, 121.405,
121.407, 121.432a, 121.439, and 121.441. Upon evaluation of comments
received, the FAA has concluded that the proposed subparts of part 142
that were applicable to air carriers also were not needed and should be
withdrawn. Therefore subparts F, G, H, and I, of proposed part 142 also
have been withdrawn.
In addition, the proposed revisions to part 121, appendix H and
appendix I have been withdrawn. Part 121, appendix H issues are being
addressed under separate rulemaking, as discussed under the section of
this document above entitled ``Related Activity,'' and have, therefore,
been removed from this final rule. The discussion below entitled ``Part
142'' explains the rationale for withdrawing proposed appendix I and
all proposed sections relating to drug testing.
The FAA has determined, however, that a part 121 or part 135
certificate holder, without obtaining a part 142 certificate, should
not be allowed to provide training, testing, or checking to persons who
are not aircrew employees of an air carrier certificated under the same
part. Operations conducted by these individuals are not sufficiently
similar to those of certificate holders to warrant such an exception.
An air carrier interested in providing training, testing, or
checking to such persons could modify its training program to suit the
needs of those persons and meet the necessary requirements for a
training program suitable for approval under part 142.
Operating and training environments of other operators are
different from those for air carriers. For example, air carrier
training on dispatch (flight release and flight following) and crew
resource management (CRM) training that includes dispatch as a resource
may not be appropriate for some operators. Therefore, for a part 142
program, a more extensive review of certain flight procedures is
needed. Areas of training not common to all operators is further
discussed in response to comments about Secs. 142.1 and 142.3.
As discussed below, the following sections, Secs. 121.400, 121.402,
and 121.431, are retained for this final rule.
Subpart N--Training Program
Sec. 121.400 Applicability and terms used. Upon reconsideration of
the ability of air carriers to train aircrews of other air carriers,
the FAA has withdrawn most of this proposed section. However, the FAA
will retain the definition of ``training center'' as proposed but will
modify it to conform to the definition used under Sec. 142.3 as
adopted.
In addition, the FAA received a suggestion to add the term
``requalification training'' to the companion section in part 135
(Sec. 135.321). That term is already in common usage and is defined
along with the terms defined in this section in FAA Order 8400.10,
``The Air Transportation Operations Inspector's Handbook.'' Because
requalification training is and will be accomplished in whole or in
part by simulation, the FAA agrees that it should be defined in
Secs. 135.321 and 121.400. Accordingly, a definition of requalification
training is added as paragraph (b)(7) of this section. The FAA further
determined that it would be preferable to place the proposed
definitions of ``facility'' and ``courseware'' only in part 142.
Therefore, these definitions are deleted from this section.
Sec. 121.402 Training program: Special rules. The FAA proposed in
this section that a part 121 certificate holder may provide training,
testing, and checking services to others by contract. To provide
training, testing, and checking for another part 121 certificate
holder, the certificate holder would have been required to also hold a
part 142 certificate and appropriate training specifications issued
under part 142.
Several commenters said that the section is entirely a description
of functions under part 142 and that it duplicates language in part
142.
The FAA agrees with the commenters that the description of
functions proposed in this section duplicates a description of
functions covered in part 142. Therefore, the FAA has revised this
section in order to eliminate the duplication and to expressly allow
part 121 certificate holders to use part 142 training centers to meet
all or part of its training requirements if the POI approves that
training.
NATCO stated that if each instructor, check airman, and evaluator
can be shown to be qualified to fulfill the responsibilities, then a
prerequisite for 1 year of employment should have no bearing on that
person's effectiveness.
The FAA agrees. As mentioned in the section entitled ``Related
Activity'' there is a separate rulemaking action underway, a final
rule, to amend appendix H of part 121 accordingly.
After re-examination following analysis of comments, the FAA
revised proposed Sec. 121.402(a) to provide that a part 121 certificate
holder may continue to provide training, testing, and checking to
another part 121 certificate holder provided the training meets the
requirements of part 121 and the POI of that receiving certificate
holder approves that training.
The FAA further revised this section to indicate that the only
entity, other than another part 121 certificate holder, that may
provide training to a part 121 certificate holder is a training center
certificated under part 142 of this chapter. This revision will ensure
standardization and increase safety through the use of state-of-the-art
training media that are inherent in training centers.
This section is adopted with the changes discussed.
[[Page 34531]]
Subpart O--Crewmember Qualifications
Sec. 121.431 Applicability. The FAA proposed to amend this section
to permit training centers to provide testing and checking services by
contract or otherwise to persons subject to the requirements of part
121.
Several similar comments were received which stated that the
section would preclude part 121 certificate holders from providing
training to other persons without being certified under part 142.
The FAA agrees that the commenters' analysis is true to the extent
that a part 142 certificate will be required for training, testing, and
checking offered to persons other than aircrew employees of another
part 121 certificate holder.
For the reasons discussed earlier, this proposed section is deleted
with the exception of the provision in paragraph (a)(2) permitting a
part 121 certificate holder to contract with a part 142 certificate
holder for all or part of the training required by part 121. Paragraph
(a)(1) as adopted incorporates changes made to this section on June 14,
1996 (61 FR 30432). The section is adopted as revised.
Part 125
Sec. 125.285 Pilot qualifications: Recent experience. There were
no comments concerning this proposed section. Therefore, it is adopted
as proposed.
Sec. 125.296 Training, testing, and checking conducted by training
centers: Special rules. The FAA proposed this new section to permit a
crewmember to credit the training, testing, and checking received under
part 142 toward the training, testing, and checking required by part
125.
AMR commented that training centers certificated under part 121, as
well as those certificated under part 142, should be allowed to
accomplish training, testing, and checking to satisfy this section.
As discussed earlier, there are no training centers certificated
under part 121.
For the reasons in the general discussion of part 121 this section
is adopted as proposed.
Sec. 125.297 Approval of flight simulators and flight training
devices. There were no comments concerning this proposed section.
Therefore, this section is adopted as proposed.
Part 135
As discussed above in part 121, the FAA received numerous comments
from major airline associations and air carriers that a part 142
certificate should not be required for a part 121 or part 135
certificate holder to continue to provide training to other than its
own employees. These commenters stated that parts 121 and 135 contain
sufficient detail regarding requirements for instructors, evaluators
(check airman), and training program approval and that the FAA does not
need to separately specify those requirements in a new part to 14 CFR
(part 142).
In general, the comments about the several new proposals or
proposed revisions to existing sections of part 135 are very similar to
those made in response to similar proposals in part 121. However, there
were considerably fewer comments. Nevertheless, all comments received
have been carefully reviewed and thoroughly considered.
In response to comments, the FAA has decided to allow a part 135
certificate holder to train the flight crewmembers of another part 135
certificate holder without being certificated under part 142. Like part
121 certificate holders, part 135 certificate holders must obtain a
part 142 certificate in order to train persons who are not aircrew
employees of another part 135 certificate holder.
The FAA agrees that parts 121 and 135 contain sufficient
requirements for training, testing, and checking of aircrews subject to
those parts. For that reason, the proposed revisions involving the
following proposed sections of part 135 have been withdrawn:
Secs. 135.1, 135.292, 135.293, 135.297, 135.299, 135.323, and 135.325.
Upon evaluation of comments received, the FAA has concluded that the
proposed subparts of part 142 that were applicable to air carriers also
were not needed and should be withdrawn. Therefore subparts F, G, H,
and I, of proposed part 142 also have been withdrawn.
The FAA has determined, however, that a part 121 or part 135
certificate holder, without obtaining a part 142 certificate, should
not be allowed to provide training, testing, or checking to persons who
are not aircrew employees of an air carrier certificated under the same
part. Operations conducted by these individuals are not sufficiently
similar to those of certificate holders to warrant such an exception.
An air carrier interested in providing training, testing, or
checking to such persons could modify its training program to suit the
needs of those persons and meet the necessary requirements for a
training program suitable for approval under part 142.
Operating and training environments of other operators are
different from those for air carriers. For example, air carrier
training on dispatch (flight release and flight following) and CRM
training that includes dispatch as a resource may not be appropriate
for some operators. Therefore, for a part 142 program, a more extensive
review of certain flight procedures is needed. Areas of training not
common to all operators is further discussed in response to comments
about Secs. 142.1 and 142.3.
As discussed below, the following sections, Secs. 135.291, 135.321,
and 135.324, are retained for this final rule.
Subpart G--Crewmember Testing Requirements
Sec. 135.291 Applicability. There were no comments about the
proposed amendments to this section. However, the FAA decided to revise
the section editorially slightly to more closely parallel Sec. 121.431,
which concerns the same subject. This section is adopted as revised.
Subpart H--Training
Sec. 135.321 Applicability and terms used. The FAA proposed to
amend this section to make the requirements of subpart H of part 135
applicable to a training center if the training center provides
training, testing, or checking by contract or other arrangement for a
certificate holder subject to the requirements of part 135.
Several commenters remarked that this section should be left as
currently worded.
The FAA has determined that certain terms should be added to better
describe the training, testing, and checking required under this
section.
AMR agreed with the section as proposed and suggested that it be
expanded to include a definition of requalification training, which is
already in common usage and which is defined, along with the terms
defined in this section, in FAA Order 8400.10, ``The Air Transportation
Operations Inspector's Handbook.''
Because requalification training is and will be accomplished in
whole or in part by simulation, the FAA agrees that it should be
addressed in this section. Accordingly, a definition of requalification
training is added to paragraph (b) of this section, and the terms have
been rearranged to accommodate this definition in its logical order. It
should also be noted that the definition of ``training center'' used in
this section is modified in the final as set forth in Sec. 142.3 as
adopted.
The FAA determined that it would be preferable to place the
definitions of ``facility'' and ``courseware'' in part 142.
[[Page 34532]]
Therefore, these definitions are deleted from this section.
With the revisions discussed above, the section is adopted.
Sec. 135.324 Training program: Special rules. The FAA proposed
this new section to permit a part 135 certificate holder to contract
with a training center certificated under part 142 to satisfy the
training program requirements of part 135.
The FAA also proposed in this section to permit a part 135
certificate holder to provide training, testing, and checking to others
by contract. Under the proposal, to provide training, testing, and
checking for another part 135 certificate holder, the certificate
holder would have been required to hold a part 142 certificate and
appropriate training specifications issued under part 142.
Under this final rule, a part 135 certificate holder may continue
to provide training, testing, and checking to another part 135
certificate holder. A part 142 certificate will not be needed. The
proposed section was revised further to indicate that the only entity
other than another part 135 certificate holder that may provide
training, testing, and checking to a part 135 certificate holder is a
training center certificated under part 142.
The rationale for these changes may be found by reference to the
general discussion of this part and Sec. 121.402.
Several commenters said that the section is entirely a description
of functions under part 142 and that it duplicates language in part
142.
The FAA agrees with the commenters that this subject is covered in
part 142. However, the FAA considers it necessary to include provisions
in this section expressly allowing a part 135 certificate holder to
contract with a part 142 training center, if the part 135 certificate
holder desires to use a part 142 training center for all or part of its
training. This training meets the requirements of part 135 and the POI
approves that training.
This section is adopted with the changes discussed.
Part 141
Sec. 141.26 Training Agreements.
No comments were received concerning this section, and it is
adopted as proposed.
Broward Community College, Northwest Accelerated Ground School, and
an individual made general comments that pilot schools will be placed
at a disadvantage, apparently from not being able to take advantage of
the capabilities of flight simulators.
The FAA's response to these comments may be found by reference to
the discussion under Secs. 61.65 and 61.109.
Part 142
As discussed above under parts 121 and 135, the FAA received
numerous comments that a part 142 certificate should not be required
for a part 121 or part 135 certificate holder to continue to provide
training to other than its own employees.
After a review of comments received, the FAA has determined that
part 121 and part 135 are adequate for air carrier training programs
and the qualification and training of persons who present those
training programs. For this reason, proposed subparts F, G, H, and I of
part 142 that govern air carrier training, testing, or checking have
been withdrawn.
As explained in the discussion of parts 121 and 135 above, however,
the FAA has determined that a part 121 or part 135 certificate holder,
without obtaining a part 142 certificate, should not be allowed to
provide training, testing, or checking to persons who are not aircrew
employees of an air carrier certificated under the same part.
A number of commenters also noted that the provisions regarding
drug testing appear to be duplicative of requirements adopted since the
publication of the NPRM, primarily in FAA's anti-drug rule, part 121,
appendix I. The FAA concurs with these commenters.
Under part 121, appendix I, individuals who provide flight
instruction, including simulator training, either directly or by
contract for specified aviation employers, must be subject to an FAA-
approved anti-drug program that includes all elements of proposed
Secs. 142. 21, 142.23, and 142.25. Similarly, these individuals must be
subject to an alcohol misuse prevention program, including alcohol
testing, under regulations published in 1994, found primarily at part
121, appendix J. The FAA has determined that these regulations
adequately cover those individuals performing safety-sensitive
functions. Therefore, proposed Secs. 142.21, 142.23, and 142.25, and as
discussed above part 121, appendix I, have not been adopted.
The FAA proposed Sec. 142.11 entitled ``Training center ratings.''
This proposed section would have required that, in addition to a
training center certificate, a training center certificate holder would
have had to obtain a rating to conduct each curriculum. The FAA has
determined that ratings will not be necessary, since the subject matter
that would have been addressed by ratings will be covered by training
specifications. Accordingly, this proposed section has not been adopted
as ``Training center ratings.'' It has been adopted as ``Application
for issuance or amendment.''
The FAA also proposed Sec. 142.51, entitled ``Qualifications to
instruct in a flight simulator or a flight training device.'' Because
the FAA simplified and consolidated instructor eligibility requirements
into Sec. 142.47 as adopted, Sec. 142.51 is no longer needed and has
not been adopted.
Lastly, in this final rule, all references to ``training center
certificate holder'' have been replaced with ``certificate holder''
because the meaning is clear within the context of part 142.
Subpart A--General
This general subpart, subpart A, contains the requirements
necessary to obtain and maintain certification as a part 142 training
center.
Sec. 142.1 Applicability. This section, as proposed, specified the
entities that would have to be certificated under part 142 to provide
training, testing, and checking of flight crewmembers.
Boeing commented that the FAA should permit training centers
operating under exemption and other means to be granted a
``grandfather'' certificate immediately. Other commenters were of the
same opinion.
The FAA has allowed a 2-year period in order to accommodate
applications for certification. Different training entities in
operation now are structured to meet different regulatory standards.
The time allowed for certification will permit current training
entities to design training programs to meet part 142 standards. The
FAA has determined that existing training programs approved for air
carrier certificate holders and exemption holders should require only
minor amendments to receive approval under part 142.
Accordingly, this proposed section has been revised by adding
paragraphs (b)(4) and (5) to indicate that part 121 certificate holders
may continue to train the flight crews of other part 121 certificate
holders and that part 135 certificate holders may continue to train the
flight crews of other part 135 certificate holders without obtaining a
part 142 certificate.
A new paragraph (c) has been added to make it clear that training,
testing, and checking in flight simulators or advanced flight training
devices may only be conducted in accordance with part 142 certificate
and training specifications. Exceptions are listed in paragraph (b).
This section is adopted with the changes discussed above.
[[Page 34533]]
Sec. 142.3 Definitions. This section proposed terms applicable to
part 142.
AIA commented that this section would not allow airplane
manufacturers the flexibility they enjoy today to revise training
programs to accommodate customer-unique training needs.
The FAA believes that the definition of ``specialty training'' can
accommodate any customer need, and was designed specifically to allow
for subjects that are not generic.
ATA and several part 121 certificate holders commented that the
definition of ``core curriculum'' is ambiguous and at odds with an air
carrier POI's authority for approval of all components of an air
carrier training program.
In this final rule, the FAA has more clearly and completely defined
``core curriculum.'' The NPRM incorrectly referred to a ``core training
program.'' The definitions contained in this final rule now make a
clear distinction between ``training program'' and ``core curriculum.''
The FAA reiterates in this final rule that the POI is responsible for
approving all training for the air carrier to which the POI is
assigned.
ATA and others suggested that the term ``Line Oriented Flight
Training'' (LOFT) be changed to ``Line Operational Simulation'' (LOS)
to better accommodate special operational training.
The FAA agrees. The term ``LOFT'' has been retitled as LOS, which
is defined in Sec. 142.3. LOFT was consistent with the term in appendix
H of part 121, but LOS and the new terms included in its definition are
more descriptive and comprehensive, and they appear in certain AC's,
particularly AC 120-35, ``Line Operational Simulations; Line Oriented
Flight Training, Special Purpose Orientation Training, Line Operational
Evaluation,'' as amended.
Boeing and AIA commented that an evaluator need not be a pilot to
certify certain training, such as ground training.
The FAA agrees with Boeing and AIA; however, such a restriction was
not proposed. Under proposed Sec. 142.55, a training center would have
the flexibility to use someone without an airman's certificate to be an
evaluator.
Airbus commented that the definition of ``evaluator'' is ``too
restrictive, narrow in scope, and inconsistent with the definition of
evaluator contained in SFAR 58.''
The FAA believes that the definition of ``evaluator'' now in this
section is sufficiently broad to provide training centers with maximum
flexibility for scheduling and personnel assignments. However, the
proposed definition of ``evaluator'' has been reworded to make it clear
that an evaluator may perform tests for authorizations and proficiency
checks, when the evaluator is qualified under the applicable
operational part, as well as for the test for certification and added
ratings. While the definition of ``evaluator'' under part 142 is
somewhat different than the definition of that term under SFAR 58, the
FAA did not attempt to reconcile the definition with SFAR 58. Although
different, the definition for ``evaluator'' contained in each of these
parts adequately addresses the functions performed in these parts.
Boeing also commented that the proposed definition of ``specialty
training'' could imply that FAA approval is required for training that
is not required by any part of 14 CFR. Several other persons made
similar comments in reference to other sections.
The FAA agrees with the commenters. The definition of ``specialty
training'' has been reworded to exclude training not designed to
satisfy the requirements for any FAA certificate, rating,
authorization, test, review, check, or qualification.
Boeing and AIA also requested that the term ``instructor'' be
defined throughout proposed part 142. They stated that airplane
manufacturers and other training organizations use instructors for
airplane, full-flight simulator, fixed-base simulator, and airplane
systems training. They believe that it would be unreasonable and
unnecessary to require a certificate to perform instructor duties other
than for airplane and full-flight simulator flight instruction.
The FAA did not propose to require an instructor certificate for
persons who would be employed by training centers to instruct in flight
simulators or flight training devices. Further, since the publication
of the NPRM, and in response to a petition from the public to amend
existing exemptions, the FAA has allowed persons to qualify as
simulator-only instructors without holding an instructor certificate,
if those persons meet certain alternative qualifications. The FAA has
determined that it is appropriate to include those alternative
qualifications in this final rule. (See also the discussion below under
Sec. 142.47.)
With the changes discussed, this section is adopted as proposed.
Sec. 142.5 Certificate and training specifications required. This
section proposed that no person may operate a training center without a
training center certificate and training specifications, as described
in part 142. Paragraph (b) further proposed that a training center
certificate applicant would be issued a training center certificate and
training specifications if the applicant complied with the applicable
sections of part 142.
In the only comment received, AIA commented that a training center
certificate should be optional if a training center is now operating
under existing rules.
Prior to this amendment, there have been no training centers
defined and regulated by 14 CFR. Training under previous rules is
addressed in the initial discussion of part 142 above.
For the reasons discussed in the previous section, this section is
adopted as proposed except for deleting a reference to Sec. 142.77.
Sec. 142.7 Duration of a certificate. This section, as proposed,
provided that a training center certificate would have no expiration
date, but that it could be suspended, revoked, or otherwise terminated
by the Administrator. Further, under paragraph (b) of this section, a
certificate holder would have to return its certificate to the
Administrator if that certificate is suspended, revoked, or terminated.
Jeppesen-Sanderson commented that the provision of no expiration
date for a part 142 certificate should be extended to part 141
certificates as well.
The FAA believes that questions about the administration of part
141 that are not directly connected to training by simulation are best
left to the review of that part. That review is discussed in the
section entitled ``Related Activity.'' Therefore, no changes are made
to this section in response to the comment.
Comments made about proposed Secs. 61.2 (adopted as Sec. 61.3) and
142.20, which concern training centers located outside the United
States, and other initiatives of the FAA, caused the FAA to change this
section as it applies to training centers located outside the United
States. Under this final rule, training centers located outside the
United States will be issued a certificate which will expire annually.
This revision is more thoroughly discussed under proposed Sec. 142.20
(adopted as Sec. 142.19).
This proposed section is adopted with the changes discussed.
Sec. 142.9 Deviations or waivers. This section proposed deviation
and waiver procedures for a training center certificate holder or an
applicant for a training center certificate.
Only one comment was received concerning this section. Professional
Instrument Courses, Inc., stated that it does all its training by
traveling to different airports around the country and that it uses an
``apparent'' flight training device instead of a flight simulator. It
asked if the intent of the section entitled ``Deviations and
[[Page 34534]]
waivers,'' is to allow affected companies to operate without facilities
and without at least one flight simulator.
It was not the intent of this section to allow operation without
facilities and at least one flight simulator or advanced flight
training device. It was the intent to allow for unforeseen
circumstances that may arise that may warrant a deviation or a waiver,
as they have in the past with other rules. The scenario described by
the commenter was not unforeseen and is specifically addressed by
Secs. 142.17 and 142.20 (adopted as Sec. 142.19).
Accordingly, the section is adopted as proposed.
Sec. 142.11 (withdrawn) Training center ratings.
Sec. 142.13 (adopted as Sec. 142.11) Application for issuance or
amendment. Paragraph (a) of this section proposed that an application
for a training center certificate be made on a form and in a manner
prescribed by the Administrator. Proposed paragraph (a)(3) provides
timeframes for processing applications.
In response to the requirement to submit an application to the FSDO
with jurisdiction over the area in which the applicant's business
office is located, Boeing asked if it would no longer be acceptable for
it to file an application with the FAA Aircraft Evaluation Group (AEG)
for part 121 training.
The FAA has determined that review and preliminary approval of
certificate applications and training programs is more within the
charter of FSDO's than AEG's. Accordingly, under this final rule, an
application for certification under part 142 must be filed with the
FSDO having jurisdiction over the area in which the applicant's
training center is located.
Paragraph (b), as proposed, would require that each certificate
application provide information about, but not limited to, each
management position, facility, record, and curriculum of the training
center. Paragraph (b)(1) proposed:
(b) Each application for a training center certificate and
training specification shall provide--
(1) A statement showing that the minimum qualification
requirements for each management position are met or exceeded.
Several commenters stated that proposed paragraph (b)(1) is
redundant with proposed Sec. 142.15.
The proposals were different in that proposed paragraph (b)(1)
would require a statement that would have to accompany a certificate
application, while proposed Sec. 142.15 would require qualification of
management personnel and a statement about adequate numbers of those
persons.
In the final rule, however, paragraph (b)(1) has been reworded
slightly in the interest of brevity and clarity.
Paragraph (b)(6) proposed:
(b) Each application for a training center certificate and
training specification shall provide--
* * * * *
(6) A description of the applicant's training facilities,
equipment, qualifications of personnel to be used, and proposed
evaluation plans;
While no comments were received concerning evaluation plans, the
FAA has decided to remove the reference to ``evaluation plans'' in
order to simplify the application process and the quality control
procedures to be used by the certificate holder. Separate evaluation
plans would be largely redundant with features of a quality control
system.
Paragraph (b)(7) proposed the following:
(b) Each application for a training center certificate and
training specification shall provide--
* * * * *
(7) A training program, including curriculum, syllabi, outlines,
courseware, procedures, and documentation to support the items
required in subpart B or subpart F of this part, upon request by the
Administrator.
FSI commented that paragraph (b)(7) should be reworded to prevent
the FAA from being inundated by materials accompanying an application
for certificate. Boeing and Airbus made similar comments.
As suggested by commenters, the FAA has reworded paragraph (b)(7)
to require submission of specified material only upon request of the
Administrator.
Airbus commented that the text of Sec. 142.13(b)(7) should be
changed to improve clarity and to be consistent with FAA Order 8400.10,
VOL 3, Ch 2, Sec 1. It states that the words ``syllabus'' and
``syllabi'' have unclear definitions in the context of crewmember
training programs and were, for that reason, not used in the 8400.10
definitions.
To promote clarity, the FAA has revised several terms pertaining to
training programs. The revised terms are, to the extent possible,
consistent with the definitions contained in the order that the
commenter cites. The term syllabus, however, is retained. The FAA
believes that the generic definition of that word adds clarity to the
training program requirements.
Paragraph (b)(10) proposed the following:
(b) Each application for a training center certificate and
training specification shall provide--
* * * * *
(10) A method of demonstrating the applicant's qualification and
ability to provide training for a certificate or rating in fewer
than the minimum hours prescribed in part 61 of this chapter if the
applicant proposes to do so.
Boeing and AIA commented that paragraph (b)(10) should be made
consistent with SFAR 58.
The FAA believes that this paragraph is consistent with SFAR 58.
This paragraph refers to Sec. 61.109 and other sections of part 61 that
specify minimum hours of aeronautical experience that a part 142
certificate holder may wish to reduce further in non-traditional
courses other than AQP.
United commented that ``to require United, or any other (part) 121
certificate holder similarly situated, to duplicate all of its
facilities, equipment, courseware and personnel in order to continue
training by contract or other arrangement and then have the FAA inspect
and approve the requirements...'' is not conserving resources.
The FAA did not intend to require duplication of facilities and
equipment. The buildings, classrooms, flight training equipment, and
instructors may be the same that are used in pursuit of normal business
in accordance with a part 121 or part 135 certificate. Some training
programs offered to persons other than aircrew employees of another air
carrier may be essentially the same as programs now in use. With minor
modification, training programs can be presented under a part 142
certificate to persons other than air carrier certificate holder
employees. ATA and several part 121 certificate holders had concerns
similar to United in their comments to proposed Sec. 142.17. The FAA
addresses their comments in the discussion below under proposed
Sec. 142.17.
Paragraph (c) proposed that facilities actually be in place at the
time of application, and not simply planned or expected.
Several commenters stated that this would be an unduly burdensome
expenditure for equipment too far in advance of its use, especially for
new entrants into the training industry.
The FAA agrees that facilities need not already be in place at the
time of application. This paragraph has been reworded to require that
facilities and equipment be available for inspection and evaluation
prior to approval. This will preclude expenditure of FAA resources on
frivolous or tentative plans that may never come to fruition due to
[[Page 34535]]
changed business plans. It will permit the FAA to evaluate actual
facilities rather than those that are merely planned and subject to
later change. The FAA believes that such measures are necessary in
order to conserve public resources and in order to maintain the highest
standard of facilities in training centers. Paragraph (d)(2) proposed:
(d) An applicant who meets the requirements of this part and is
approved by the Administrator is entitled to--
* * * * *
(2) Training specifications, issued by the Administrator to the
training center certificate holder, containing--
(i) The type of training authorized, including--
(A) Training center ratings; and
(B) Approved courses;
(ii) The category and class of aircraft that may be used for
training;
(iii) Registration numbers and types of aircraft that are--
(A) Subject to an airworthiness maintenance program required by
parts 91, 121, 125, 135, or any other parts of this chapter; and
(B) Suitable for the type of training, testing, or checking
being conducted;
(iv) For each flight simulator or flight training device, the
make, model, and series of airplane or the set of airplanes being
simulated and the qualification level assigned, or the make, model,
and series of rotorcraft, or set of rotorcraft being simulated and
the qualification level assigned;
(v) For each flight simulator and flight training device subject
to qualification evaluation by the National Simulator Program
Manager, the serial number assigned by the manufacturer;
(vi) The name and address of all satellite training centers, and
the approved courses offered at each satellite training center;
(vii) Authorized deviations or waivers from this part; and
(viii) Any other items the Administrator may require or allow.
Several air carrier operators, commenting on proposed paragraph
(d)(2), stated that training specifications would not be convenient,
and that courses approved under parts 121, 135, or 142 would provide
all the course specification that is required.
Based on prior experience, the FAA believes that many
administrative matters not concerning course specification have been
accommodated very well by the use of operations specifications for air
carrier operators. This is a new concept for training entities, but
experience with similar operating specifications issued to air carrier
certificate holders has shown that the procedure will allow maximum
administrative convenience. Especially in light of the removal of the
proposed requirement for ratings for training centers, the FAA
concludes that providing for training specifications is
administratively wise. As stated previously in this preamble, a part
142 certificate (and attendant training specifications) will not be
required for part 121 certificate holders to train other part 121
certificate holders or for part 135 certificate holders to train other
part 135 certificate holders. Therefore, training specifications will
be applicable to air carrier certificate holders only if those
certificate holders choose to apply for a part 142 certificate.
For the reasons stated, Sec. 142.13(d)(2) is adopted as proposed
and renumbered as Sec. 142.11(d)(2).
FSI commented that proposed paragraph (d)(2)(iii) would preclude
short-notice change of aircraft and the use of customer-owned aircraft
unless there is a 1-day change notification procedure. Airbus made
similar comments about aircraft to be used by aircraft manufacturer
training centers.
The FAA agrees that the proposal may be too restrictive on certain
potential training centers, including aircraft manufacturer training
centers, which might offer training in aircraft rather than in a flight
simulator or flight training device. Therefore, proposed paragraph
(d)(2)(iii) has been deleted. Proposed paragraphs (d)(2)(iv) through
(d)(2)(viii) have been redesignated as (d)(2)(iii) through (d)(2)(vii).
Regarding proposed paragraph (d)(2)(vi), Boeing commented that the
proposed requirement to list the name, address, and courses approved
for each satellite training center would preclude ``offload training.''
The FAA does not agree that these proposed requirements would
preclude the training to which Boeing referred. The proposal does not
prevent training at sites other than the training center location or
satellite training center location, as long as a training center or
satellite training center of the certificate holder complies with the
certification requirements of part 142. Therefore paragraph (d)(2)(vi)
is adopted as proposed; however, since proposed paragraph (d)(2)(iii)
has been deleted, proposed paragraph (d)(2)(vi) is adopted as paragraph
(d)(2)(v).
The FAA has decided that effective reference to and tracking of
simulation equipment requires the use of FAA-assigned identification
numbers for that equipment instead of serial numbers assigned by the
manufacturer of such equipment. Accordingly, proposed paragraph
(d)(2)(v) has been reworded to reflect this requirement and is adopted
as paragraph (d)(2)(iv).
Paragraph (e) proposed the following:
(e) The Administrator may deny, suspend, revoke, or terminate a
certificate under this part if the Administrator finds that--
(1) Any certificate the Administrator previously issued to the
applicant for, or holder of, a training center certificate, was
revoked, suspended, or terminated within the previous 5 years;
(2) An applicant for, or holder of, a training center
certificate employs or proposes to employ a person who--
(i) Was previously employed in a management or supervisory
position;
(ii) Exercised control over any certificate holder whose
certificate has been revoked, suspended, or terminated within the
last 5 years; and
(iii) Contributed materially to the revocation, suspension, or
termination of that certificate and who will be employed in a
management or supervisory position, or who will be in control of or
have a substantial ownership interest in the training center.
STI commented that proposed paragraph (e)(2)(i) should be modified
to specifically state that the management or supervisory person
formerly worked in a management or supervisory position for a
certificate holder whose certificate had been revoked, suspended, or
terminated within the previous 5 years. FSI also suggested that
proposed (e)(2)(i) be linked with subparagraph (e)(2)(ii) with an
``and'' at the end of (e)(2)(i).
The construction of proposed paragraph (e) means that the
conditions of (e)(2)(i), (e)(2)(ii), and (e)(2)(iii) all apply to
persons that a training center employs or proposes to employ. These
three paragraphs are linked together by the semicolons and the ``and''
following (e)(2)(ii). It is not necessary to repeat the ``and'' after
(e)(2)(i). To correct an editorial error in the proposal, the FAA has
inserted the word ``or'' to appropriately separate paragraphs (e)(1)
and (e)(2).
This section is renumbered as Sec. 142.11 and adopted with the
several changes discussed.
Sec. 142.15 (adopted as Sec. 142.13) Management and personnel
requirements. The FAA proposed in this section that a training center
must show that it has and maintains a sufficient number of qualified
instructors, evaluators, and management personnel competent to perform
required duties.
Only one comment was received concerning this section. That comment
stated that this section was unnecessary and should be deleted.
The FAA has determined that the proposal referred to above is
necessary to ensure that a training center can operate in compliance
with the certification provisions contained in proposed part 142. The
FAA needs this information, along with the other information required
by this part, to
[[Page 34536]]
approve applications for certification under part 142. Therefore, this
section is renumbered as Sec. 142.13 and adopted as proposed.
Sec. 142.17 (adopted as Sec. 142.15) Facilities. In this section,
the FAA proposed the following in paragraph (b):
(b) An applicant for, or holder of, a training center
certificate shall establish and maintain a principal business office
that--
(1) Has a mailing address in the name shown on its training
center certificate application, or training center certificate,
after it is issued; and
(2) Has facilities adequate to maintain the records required by
this part.
(3) Is not shared with another certificate holder; however,
automated recordkeeping systems approved by the Administrator may be
shared by more than one training center or certificate holder.
This paragraph would require a training center to establish and
maintain a principal business office that could not be shared with a
part 121, 135, 141, or 142 certificate holder. The intent of this
paragraph was to ensure that the principal business office of a
training center is located at a permanent physical location with the
characteristics of an ordinary business office. It was intended to
preclude the use of transient locations with inadequate facilities for
properly maintaining records.
The FAA proposed this paragraph to preclude certain difficulties
with commingled records or with changing standards for some students of
training entities offering training under more than one part of 14 CFR.
Commingling is considered undesirable because different standards apply
to entities certificated under the several 14 CFR parts. However, upon
reconsideration, the FAA does not believe that proposed paragraph
(b)(3) is necessary because the FAA can prevent the commingling of
records by better guidance on recordkeeping requirements and special
emphasis on surveillance and inspection of that recordkeeping.
Therefore, the proposed restriction has been deleted.
Paragraph (b)(2) of Sec. 142.17 proposed that records required by
part 142 must be kept at a principal business office. This proposed
requirement was to permit the FAA to locate and periodically review
records in order to determine compliance with part 142 standards.
AMR commented that the recordkeeping location requirement in
proposed paragraph (b)(2) would work only where the principal business
office and the training facility are co-located, and in no case would
it be workable for a satellite training center.
The FAA has considered AMR's comment and has revised proposed
paragraph (b) accordingly to provide that records may be kept where
training or testing takes place.
Under the NPRM, training centers certificated under part 142 would
be permitted to provide ground instruction as well as training in
flight simulators, flight training devices, and aircraft; however, in
order to be certificated under part 142 paragraph (d) proposed that a
training center applicant, in effect, would be required to ``have
exclusive use of'' at least one FAA-approved flight simulator.
Several comments had to do with sharing of training facilities or
flight simulators by several arrangements between the sharing parties.
FSI, several part 121 certificate holders, and the Regional Airline
Association (RAA), commenting on proposed paragraph (d) stated, that
the proposed requirement to have ``exclusive use of'' at least one
flight simulator would preclude ``dry leasing'' of flight simulator
time.
For the purposes of this section, the FAA intended that the term
``exclusive use'' include ``dry leasing.'' The FAA recognizes that
``dry leasing'' is a normal practice in the industry, and that its
continuation is essential to the industry for at least the foreseeable
future. However, for clarity, the wording of this provision has been
revised to require that the training center have the flight training
equipment ``available exclusively'' for adequate periods of time. This
is to distinguish the requirements of this section from other
``exclusive use'' requirements of other regulations, which may not
include ``dry leasing.'' It should be noted that the FAA did not
propose to prohibit sharing of flight training equipment. In fact, the
FAA anticipated that such sharing would be likely. Therefore, the FAA
has revised proposed paragraph (d) by adding the words ``available
exclusively for adequate periods of time.''
A few commenters, also commenting on proposed paragraph (d),
recommended that the proposal to have readily available at least one
flight simulator as a prerequisite to apply for a part 142 certificate
be clarified in the rule language. Gateway Technical College commented
that institutions such as theirs are unable to afford to own or lease a
flight simulator, but that they are able to provide a needed service by
use of flight training devices only. Gateway and Broward Community
College suggest that the FAA allow a ``low-end part 142 school'' or a
limited part 142 certificate.
The FAA believes that flight training in aircraft and in flight
training devices is adequately covered by part 141 pilot schools and
that the primary emphasis of part 142 training centers will be training
with flight simulators. However, the FAA believes that essentially
equivalent training can be accomplished by use of advanced flight
training devices that represent a specific aircraft in cockpit
configuration, function, and flight handling characteristics when those
flight training devices are supplemented with training in the same type
aircraft. Advanced flight training devices with those characteristics
are currently qualified by the FAA as Level 6 and Level 7 flight
training devices. Therefore, proposed paragraph (d) has been reworded
to permit an applicant to obtain a part 142 certificate if it has an
advanced flight training device.
In an apparent comment to proposed Sec. 142.17 (d), ATA and several
part 121 certificate holders commented that this section would
``require a part 121 certificate holder...to purchase duplicate
simulators, CBT stations, training aids, and other training devices for
use in the part 142 school even if its part 121 devices are not 100%
utilized and (are) available for contract training.''
As also discussed above under proposed Sec. 142.13 in response to a
comment from United, the FAA did not intend to require duplication of
flight training equipment. The commenters may have interpreted proposed
paragraph (d) to mean that the exclusive use provision of proposed
Sec. 142.17 (d) could require some duplication. The FAA did not intend
for air carriers to needlessly duplicate existing equipment. It only
intended that the training center have exclusive use of the equipment
for the period of time that is needed. As stated above, the FAA has
revised proposed paragraph (d) to state that the facilities must be
available exclusively for adequate periods of time to complete the
required training, testing, or checking. Therefore, the duplication
described by the commenters is not required.
TWA commented that the proposals in this section implied two
different standards for aircraft type ratings - one for part 142
training centers and one for part 121, 135, and 141 certificate
holders.
TWA, and other commenters, also raised this issue in comments to
Sec. 61.63. The FAA disposed of comments on added type ratings in the
section-by-section analysis of Sec. 61.63. In this discussion, the FAA
explains that there are not two different standards for
[[Page 34537]]
airman performance for an added type rating.
This proposed section has been changed as indicated above, has been
renumbered as Sec. 142.15, and is adopted with the changes discussed.
Sec. 142.19 (adopted as Sec. 142.17) Satellite training centers.
This section proposed that training centers would be permitted to
establish satellite training centers.
Boeing and AIA commented that some provision should be made for
training in remote areas.
Although part 142 provides for training centers and satellite
training centers, the FAA does not intend to prevent training at sites
other than the training center location or satellite training center
location. Such training is permissible if the training center or
satellite training center of the certificate holder complies with the
requirements of part 142 relating to that remote training. The FAA will
provide for training at remote sites through the training
specifications.
AMR asked if a satellite training center also would have to have a
flight simulator, its own principal business office, and if the parent
training center's instructors could instruct at both a training center
and at a satellite training center. It stated that there is an
inference that a satellite training center would have to apply for a
certificate, but that proposed Sec. 142.19 would not require a
certificate for a training center. It suggested that only the main
training center hold a certificate.
The FAA agrees. The FAA proposed that only the principal training
center must hold a training center certificate and this proposal has
not been changed in the final rule.
The discussion of this section in the NPRM indicated that a
satellite training center would have to have at least one simulator and
the other facilities required by this part. However, it should be noted
that proposed Sec. 142.17 has been revised in response to comments to
allow a person with an advanced flight training device (i.e., a Level 6
or Level 7 flight training device) to apply for a training center
certificate. Thus, a satellite training center would be permitted to
operate with such a device in lieu of a flight simulator.
A satellite training center need not have separate management
personnel. It does not have to have a separate principal business
office. Instructors and evaluators may work at more than one training
center or satellite training center, provided those persons meet the
requirements of part 142, as required by proposed Sec. 142.19 (a)(2),
which is adopted as Sec. 142.17 (a)(2) in the final rule.
See the discussion of the following section for restrictions on
satellite training centers located outside the United States.
This section is renumbered as Sec. 142.17 and adopted by revising
proposed paragraph (a)(2) to better clarify the location of the
supervisors.
Sec. 142.20 (adopted as Sec. 142.19) Foreign training centers:
Special rules. The FAA proposed, under Sec. 142.20, that a training
center or satellite training center may be located outside the United
States only if it is in a location approved by the Administrator. This
section further proposed that a training center or satellite training
center located outside the United States may issue U.S. pilot
certificates to U.S. citizens only but may add ratings, authorizations,
and endorsements to all pilot certificates issued by the FAA.
Three comments were received concerning this proposed section.
FSI asked what authority the FAA has to approve or deny locations
of training centers outside the United States, since the Departments of
Commerce, Defense, and State have jurisdiction over this matter.
The FAA is withdrawing its proposal to approve the location of
training centers outside the United States. It is sufficient to set the
standards for certification of training centers located inside and
outside of the United States. Therefore, proposed paragraph (a) has
been amended to remove references that the Administrator must approve
the location of training centers outside the United States. Further,
paragraph (a), as adopted, specifically states that certificates for
training centers outside the United States are issued at the discretion
of the Administrator.
AMR commented that this section seems to ignore the possibility of
part 121 and part 135 initial and recurrent checks being conducted at a
foreign training center.
The FAA agrees that those areas need to be specifically addressed.
(See also the Sec. 61.2 (adopted as Sec. 61.3) discussion related to
this matter.) A new paragraph (c) has been added to this section to
make explicit the authority of foreign training centers to conduct
proficiency checks, pilot reviews, recency of experience requirements,
SIC qualifications, and other training subject to approval of the
Administrator.
AIA commented that this section seems to imply that all foreign
training centers must be approved by the FAA.
As indicated above in response to FSI's comment regarding approval
of the location of training centers, the FAA has amended proposed
paragraph (a).
In paragraph (b), the FAA proposed that a training center or
satellite training center located outside the United States may issue
U.S. pilot certificates to U.S. citizens only but may add ratings,
authorizations, and endorsements to all pilot certificates issued by
the FAA when approved to do so.
Proposed paragraph (b) is revised in this final rule to remove the
reference to satellite training centers located outside the United
States.
The FAA has made editorial changes to this section to make it clear
that a training center may prepare and recommend applicants for
certificates and ratings, but may not actually issue a certificate or
rating without authorization to issue a specific kind of certificate or
rating.
Also, the FAA proposed, in Sec. 142.7, a permanent certificate. The
certificate could have been suspended or terminated, but would not
require renewal. The objective of this proposal was to simplify
paperwork and reduce the workload for the FAA and applicants. However,
the FAA has determined that there is a need to provide for periodic
renewal of a certificate for those training centers outside the United
States in order to ensure adequate safety oversight. Other air agencies
outside the United States, such as repair stations certificated under
part 145, have annual renewal requirements.
This section is renumbered as Sec. 142.19 and adopted with the
changes discussed.
Sec. 142.21 Prohibited drugs. Reserved. See the discussion above
entitled ``Part 142.''
Sec. 142.23 Testing for prohibited drugs. Reserved. See the
discussion above entitled ``Part 142.''
Sec. 142.25 Refusal to submit to a drug test. Reserved. See the
discussion above entitled ``Part 142.''
Sec. 142.27 Display of certificate. No comments were received
concerning this proposed section. Therefore, it is adopted as proposed.
Sec. 142.29 Inspections. This proposed section would require
training centers to permit inspections by the FAA at reasonable times
and places.
AMR made some suggestions for essentially editorial changes.
This section was adopted as proposed, with the small editorial
changes suggested by the commenter.
Sec. 142.31 Advertising limitations. This section proposed to
restrict training center advertising to that training that has been
approved by the Administrator.
[[Page 34538]]
Boeing and AIA commented that the proposal would restrict it from
offering non-FAA approved training to non-U.S. customers. Several air
carrier certificate holders commented that the proposal would preclude
the conduct of training not under the jurisdiction of the
Administrator, such as training for foreign corporations that would
meet the requirements of that foreign country. Others commented that
some training centers might want to offer training in ancillary
subjects that are not required by any part of 14 CFR. Commenters
offered first aid, maintenance technician procedures, and meteorology
as examples.
The FAA agrees that the proposed advertising limitations should be
reworded to provide for circumstances such as those described by the
commenters. Therefore proposed paragraph (a) has been revised to
indicate that this section applies to training that is designed to
satisfy any requirement of 14 CFR. Any training offered by a training
center that goes in whole or in part to satisfying a requirement of 14
CFR must be approved. Training for other purposes need not be approved.
Training that is not specifically approved by the FAA may not be
advertised as FAA approved.
Andrews University asked whether this section would preclude a part
142 training center from operating under part 61. It suggested that
training centers should be allowed to operate under part 61.
Part 61 is not considered an ``operating'' part of 14 CFR. Training
centers certificated under part 142 will train to meet the requirements
of part 61, among other parts. A training program or curriculum
approved for presentation under part 142 may not be presented to meet
the requirements of part 61 without a part 142 training center
certificate.
This section is adopted as revised.
Sec. 142.33 Training agreements. No comments were received
concerning this proposed section. Therefore, it is adopted as proposed.
Subpart B--Aircrew Curriculum and Syllabus Requirements
Sec. 142.35 Applicability. This section specifies that the
training programs described by this subpart apply to that segment of
aviation frequently called ``general aviation'' that operates under
part 91, and that is not required by regulation to have a training
program.
Airbus commented that this subpart is not applicable to training
provided ``by part 25 aircraft manufacturer's training centers to its
employees, U.S. certificated employees of the aircraft manufacturer,
and FAA air carrier inspectors.''
This subpart applies to all training center activity except that
provided by a part 121 certificate holder to another part 121
certificate holder or by a part 135 certificate holder to another part
135 certificate holder, unless the certificate holder providing such
training chooses to become a part 142 certificate holder.
This section is adopted as proposed.
Sec. 142.37 Approval of flight aircrew training program.
The FAA proposed, in proposed paragraph (c)(1), that training
programs submitted for approval specify which courses are part of a
specialty training curriculum. Core curricula and specialty curricula
are defined in Sec. 142.3.
Proposed paragraphs (c)(2) and (3) require applicants, when filing
an application for training program approval, to indicate which
requirements the training program curriculum will satisfy and which
requirements the training program curriculum will not satisfy.
AMR commented that the proposed provision of Sec. 142.37 (c)(1)
needs clarification. In simplest terms, it states, not every course
must be designed to accomplish all the learning objectives required for
every practical test.
ATA and several part 121 certificate holders commented that
proposed paragraph (c)(1) does not make clear what constitutes an
approved training program. They cite the detail of Sec. 121.424 and
appendix H of part 121 as examples of training program detail for the
ATP certificate and airplane type rating. They state that it appears
that an approved training program for a particular certificate or
rating would consist of the maneuvers, procedures, and exercises
required for the certification practical test.
The FAA agrees with the commenters about training to meet the
requirements of the PTS. The areas of aeronautical knowledge for each
certificate and rating are listed in the applicable section of part 61.
The PTS lists the tasks, conditions, and standards of performance for
all certificates and ratings. Currently, the PTS, inspector's
handbooks, appendix A of part 61, and appendices E, F, and G of part
121 list maneuvers and procedures for a curriculum for only the ATP
certificate and airplane type rating. Guidance on the content, style,
and length of all written tests is in other documents. Other
considerations to include in a training program are listed in
handbooks, advisory circulars, and in other FAA publications. Section
142.37(d) outlines the general requirements for a training program. It
is not necessary and not practical to put all details in 14 CFR.
FSI commented that, since paragraph (c)(2) requires an applicant
for each curriculum approval to indicate which requirements of part 61
would be satisfied, the requirement in paragraph (c)(3) is redundant.
The FAA believes that both paragraphs are needed to help ensure
that no requirement goes unaddressed by oversight or by assuming that
the requirement will be met in some other way.
In a general comment to this section, ATA and other commenters
stated that they ``would strongly object to any attempt by the FAA to
impose additional requirements or restrictions not related to training
as a condition of (approval of a training program).'' They state that
they would object on the grounds that the public was not given an
opportunity to comment on requirements imposed administratively.
The commenters did not provide information on their specific
concerns; however, the FAA agrees in general that additional
requirements unrelated to training should not be imposed without
opportunity for public comment.
This section was amended by making minor editorial changes and by
adding a new paragraph (b) and rearranging other proposed paragraphs.
The FAA determined that a new paragraph (b) is needed to make clear
that curricula approved under SFAR 58 are approved without modification
for use in this part.
The section is adopted as revised.
Sec. 142.39 Training program curriculum requirements. This section
proposed that each training program curriculum submitted for approval
would have to contain a syllabus, minimum flight training equipment
requirements, and minimum instructor and evaluator qualifications for
each proposed curriculum. However, for AQP, the FAA proposed that
approval of a curriculum under SFAR 58 would, for an applicant,
constitute complete approval of that curriculum for use by a training
center certificated under part 142, since the AQP application contains
curriculum criteria at least as detailed as the part 142 curriculum
requirements set forth in Sec. 142.39.
Airbus commented that the section should be restructured to provide
for initial and final approval of training program curricula.
Different stages of initial and final approval are specifically not
a feature of part 142. After determining that a proposed training
program meets all applicable requirements, the
[[Page 34539]]
Administrator will approve the training program. If approval of a
training program curriculum proves to have been inappropriate, the
Administrator may use the authority of Secs. 142.7 or 142.13(e) to
suspend or revoke a certificate. The intention is to simplify the
application and approval process. For the reason stated, this section
is not revised to include a provision for initial and final approval
stages.
Paragraphs (c) and (d) of this section proposed that each
curriculum submitted for approval must include:
(c) Minimum instructor and evaluator qualifications for each
proposed curriculum;
(d) A curriculum for initial training and continuing training of
each instructor or evaluator employed to instruct in a proposed
curriculum.
United commented that paragraphs (c) and (d) are not required and
are overly burdensome for part 121 certificate holders.
The FAA believes that these paragraphs are necessary controls, and
that presenting the instructor and evaluator qualifications to the FAA
at the time of application for a part 142 certificate and changes to
its curriculums would cause almost no additional burden to a part 121
certificate holder. It is even likely that existing documentation for
these positions could be used in its existing format. The FAA has
determined that these paragraphs should be adopted to ensure that
instructors meet, and maintain, the skills considered essential for
properly instructing their students.
Paragraph (e) proposed:
(e) For each training program that provides for the issuance of
a certificate or rating in fewer than the minimum hours prescribed
by part 61 of this chapter for training, testing, and checking
conducted under part 142 of this chapter--
(1) A means of demonstrating the ability to reduce the minimum
hours prescribed in part 61 of this chapter for training, testing,
and checking conducted under part 142 of this chapter; and
(2) A means of tracking student performance.
Boeing and AIA commented that proposed paragraphs (e)(1) and (2) do
not allow credit for previous experience in similar aircraft ``per AC
120-53.''
Paragraph (e) is directed to those hours which are specified in
part 61, as stated, and has no impact on AC 120-53.
ATA and several part 121 certificate holders commented that the
tracking required in proposed paragraph (e)(2) would be a costly and
near-impossible task, that data would be sparse, and would not
necessarily validate success or failure of the attempted program.
As discussed also in Sec. 61.109, the intention of allowing a
further reduction in the minimum hours of aeronautical experience is to
allow maximum flexibility to a training center to develop, at some
future date, innovative curriculums that might adequately train for a
specific certificate or rating in fewer than the current minimum number
of hours. In order to gain the privilege of further reducing minimum
training hours, a training center will be required to demonstrate that
it can provide proper training in fewer hours. To accomplish this, it
would have to propose a method of tracking graduates and collecting
data to validate training program effectiveness. Data to be tracked to
point to program effectiveness might include incidents, accidents,
hours flown, and type of flying. A training center would have to
present historical data covering at least 1 year (or other period of
time approved by the Administrator) before it could be granted a
reduction in the minimum hours prescribed in this section. Data
covering performance over this period of time is considered necessary
to properly evaluate student performance. Data covering a shorter term
would not be sufficient to allow the FAA to evaluate performance during
varying seasonal conditions.
In a general comment to this section, TWA pointed out that the
requirement for a letter of authorization did not appear in the
proposed rule text.
The FAA did not intend to propose such a requirement. The NPRM
preamble mistakenly stated that proposed paragraph (a)(4) would require
a training center to issue annually a letter of authorization to each
instructor for each course that instructor may teach. The final rule
does not adopt such a requirement.
The FAA has reworded the reference to a curriculum, which appeared
in this proposed section to instead reference a curriculum containing a
syllabus to indicate that a curriculum is implemented by a syllabus.
This editorial change is to maximize standardization with training
program terms already in use and widely accepted.
This section is adopted with the changes discussed.
Subpart C--Personnel and Flight Training Equipment Requirements
This subpart contains instructor and evaluator eligibility
requirements, addresses instructor and evaluator privileges and
limitations, and addresses instructor and evaluator training, testing,
and qualification for training programs approved under subpart B. This
subpart also contains rules governing flight training equipment
requirements.
Sec. 142.45 Applicability. This proposed section sets forth the
personnel and equipment required for training that is to meet the
requirements of part 61.
Airbus commented that this section should be restructured to exempt
employees of the training center, U.S. certificated employees of the
aircraft manufacturer, and FAA inspectors.
The FAA does not agree. The persons cited by the commenter are
required to meet the training and certification requirements of part
61.
AMR commented that the proposal does not make clear whether an
instructor or evaluator would be subject to the proposed requirements
contained in both subpart C and subpart G of this part. It states that
current training center practice is to use instructors to teach pilots
who operate under various parts of 14 CFR.
Because the FAA has decided to delete proposed subpart G, the
commenter's question is academic in this instance. However, an
instructor or evaluator may instruct non-air-carrier customers and air
carrier customers if the instructor or evaluator is otherwise qualified
and designated by the training center to perform both functions.
With editorial changes for clarity and brevity, this section is
adopted as proposed.
Sec. 142.47 Training center instructor eligibility requirements.
To make as many qualified instructors as possible eligible, the FAA
proposed in paragraph (a) of this section that training center
instructors meet only one of the following standards: Hold at least a
commercial pilot certificate with an instrument rating; at the time of
accepting employment, be currently qualified to instruct under part 121
or part 135; or hold a ground instructor certificate with instrument
rating and meet at least the commercial pilot aeronautical experience
requirements.
ATA and several other part 121 certificate holders commented that
the words ``at the time of accepting employment'' in proposed paragraph
(a)(3)(ii) was too restrictive and might preclude the hiring of some
otherwise well-qualified potential instructors.
The FAA agrees with the commenters. Accordingly, this paragraph has
been revised to provide that instructors may qualify for designation by
training centers within 2 years of having been qualified and current to
instruct for a part 121 or part 135 certificate holder in the type
airplane in which the instructor
[[Page 34540]]
is to be designated by the training center.
ATA and others also commented that ATP certificate holders should
be able to instruct others without holding any other certificate.
The FAA does not believe that the holder of an ATP certificate
should be permitted to instruct persons by virtue of holding the ATP
certificate, except in air transportation service as authorized by
Sec. 61.169 of this chapter. The authority of Sec. 61.169 does not
extend to instructing other airmen to qualify for the ATP certificate
or instructing other holders of an ATP certificate for added ratings,
except within the narrow and specific instance of instructing in air
transportation service.
Moreover, in response to these commenters, the FAA has determined
that instructor qualification requirements of part 142 are at least
equivalent to the knowledge and skill requirements for a ground
instructor certificate regardless of whether the instructor holds an
ATP certificate. Accordingly, the FAA has deleted paragraph (a)(3).
Other provisions of proposed paragraph (a)(3) have been moved to other
paragraphs.
AMR commented that training centers should be permitted to employ
persons who are not pilots to be instructors, such as maintenance
instructors, and that the rule language should address that
possibility.
The FAA agrees and paragraph (a) has been reworded to make it clear
that the requirements of the section, and the subpart, apply only to
persons who are employed as instructors in a flight training course
that is subject to approval of the Administrator, as discussed under
Sec. 142.31. The FAA stated in the discussion of that section that any
training offered by a training center that goes in whole or in part to
satisfying a requirement of 14 CFR must be approved; however, training
for other purposes need not be approved.
Paragraph (b) proposed the following:
(b) A training facility operating under an exemption to part 61
prior to August 1, 1996 may allow a person who has been employed as
a simulator instructor for that training facility to continue to
instruct provided the training facility--
* * * * *
(ii) Instructs only in qualified and approved flight simulators
in which that person has been authorized by the Administrator to
instruct within the 12 months immediately preceding certification of
the employing training center.
AIA commented that paragraph (b)(2)(ii) does not allow existing
instructors to transition to new equipment without complying with the
new part 142 instructor qualification provisions. It states that the
proposal is too restrictive and recommends that it be deleted.
AIA is correct in its interpretation that instructors transitioning
to new equipment must comply with part 142 instructor qualification
provisions. As an exception, proposed paragraph (b)(2)(ii) (revised and
adopted as paragraph (a)(6)(iii)) is a ``grandfather'' provision only
for persons who are employed as simulation instructors on the effective
date of this final rule and who instruct only on the same equipment.
Those persons who do not meet the instructor qualifications of part 142
will not be allowed expanded instructor privileges unless the
instructor applicant meets the standards prescribed by part 142.
FSI commented that proposed paragraph (b)(2)(ii) (revised and
adopted as (a)(6)(iii) ) should be reworded to grandfather privileges
of instructors in approved flight training devices as well as
privileges in flight simulators.
The FAA agrees with this recommended change because instructors
will be using simulation media, not just flight simulators. Proposed
paragraph (b)(2)(ii) has been reworded accordingly and, as indicated
above, is adopted as new paragraph (a)(6)(iii).
AMR commented that this section indirectly requires a training
center instructor to hold at least a second class medical certificate.
This is not a correct interpretation of the proposal. The
alternative requirements for instructors that are outlined in preceding
paragraphs provide for a training center to employ instructors in
simulation only who do not hold an airman medical certificate.
Since the publication of the NPRM, and in response to a petition
from the public to amend existing exemptions, the FAA has allowed
persons to qualify as simulator-only instructors without holding an
instructor certificate, if those persons meet certain alternative
qualifications. The FAA has determined that it is appropriate to
include those alternative qualifications in this final rule; therefore,
this section has been restructured accordingly. The alternative
qualifications will allow training centers to employ as instructors
persons who are former military pilots, former or current airline
pilots, and other persons who may not hold an instructor certificate.
Instructors who instruct in a required crewmember seat in flight must
hold a flight instructor certificate with appropriate ratings and an
airman medical certificate. The alternative qualification requires a
training center to train a potential instructor in specified subjects,
and to administer a written test following the instruction. The written
test must be approved as a part of the training program. The test must
be of similar complexity, difficulty, and scope as the written test for
flight instructor airplane and instrument flight instructor. Training
center certificate applicants and training centers may consult
publication FAA-T-8081-18, Flight and Ground Instructor Written Test
Book for guidance in developing the written test. The FAA does not
intend that the test include questions about flight maneuvers such as
turns about a point, chandelles, and spins.
This section is adopted with the changes discussed.
Sec. 142.49 Training center instructor privileges and limitations.
This section proposed that, to instruct in an aircraft, a training
center instructor must hold a current flight instructor certificate
with certificates and ratings applicable to the aircraft used for
instruction, hold at least a valid second class medical certificate,
and meet the recency of experience requirements of part 61. These
proposed requirements for aircraft flight instructors are the same as
those currently required by part 61.
AMR commented that, by using the words ``training, testing, and
checking'' in proposed paragraph (b), the FAA would impose these
requirements on evaluators as well as instructors, and noted that there
are no proposed sections dealing with evaluator privileges and
limitations. AMR suggested changing the title of this section to
include evaluators.
The FAA agrees that the title should be changed as recommended and
has reworded the title accordingly and has added evaluation to this
paragraph.
Proposed paragraph (c) included the following:
(c) A training center may not allow an instructor to--
(1) Excluding briefings and debriefings, conduct more than 8
hours of instruction in any 24-consecutive-hour period.
FSI, ATA, and several air carrier certificate holders commented
that the duty times proposed in this paragraph are too restrictive.
Flight instructor duty time was discussed under Sec. 61.169. As
discussed in that section, the FAA is convinced that it is in the
interest of safety to assure that instructors are not unduly fatigued
when instructing pilots. The proposed duty-time limitations are
considered necessary to ensure that instructors are sufficiently alert
when giving required instruction.
[[Page 34541]]
The FAA has, however, amended this and Sec. 61.169 to exclude
briefings and debriefings in response to the concerns of these
commenters.
FSI commented that the words ``* * * any 24-consecutive-hour
period'' in proposed paragraph (c)(1) be changed to ``* * * a day.''
The FAA disagrees with the commenter's suggested wording, for such
wording would allow an instructor to conduct 16 consecutive hours of
instruction, excluding briefings and debriefings. This practice is
considered unacceptable for the reasons stated above.
Proposed paragraph (c)(3)(iv) states that a training center may not
allow an instructor to provide flight instruction in an aircraft unless
that instructor holds at least a valid second class medical
certificate.
ATA and several part 121 certificate holders commented that this
paragraph should specify that an instructor who instructs only in
simulation need not hold a medical certificate.
AIA commented that there was no need to require a medical
certificate for flight instructors, since it was not required before.
The FAA agrees with both commenters. Paragraph (c)(3)(iv) has been
amended to specify that a medical certificate is required only when
instructing from a required crewmember seat in an aircraft in flight.
This change simply reiterates part 61 requirements for an instructor to
have a medical certificate when acting as required flight crewmember.
This section is adopted with the changes discussed.
Sec. 142.51 Qualifications to instruct in a flight simulator or a
flight training device. Reserved. See the discussion above entitled
``Part 142.''
Sec. 142.53 Training center instructor training and testing
requirements. Section 142.53 proposed initial and annual recurrent
training that would be required of all training center instructors.
Paragraph (a) proposed:
(a) Prior to authorization to instruct a course of training,
testing, and checking, and except as provided in paragraph (c) of
this section, every 12 calendar months beginning the first day of
the month following an instructor's initial authorization, a
training center certificate holder must ensure that each of its
instructors meet the following requirements:
(1) Each instructor must satisfactorily demonstrate to an
authorized evaluator knowledge of, and proficiency in, instructing
each course of training for which that instructor is authorized to
instruct under this part.
FSI commented that the proposal in paragraph (a)(1) should provide
that an instructor's demonstration would be made ``* * * in a
representative segment of a course.'' According to FSI, this change
would provide a more suitable way to determine an instructor's
knowledge and proficiency in multiple subjects in different courses for
various aircraft types.
Paragraph (a) has been reworded. Changing the wording to
``instructing in a representative segment of each curriculum,'' allows
evaluation of instructors in a broad sampling of all subjects. However,
the FAA has specified that the evaluation must include a representative
segment from each curriculum.
Paragraph (b)(2), as originally proposed, provided that ``An
instructor who is unable to hold a medical certificate may not
instruct. * * *'' In the SNPRM referred to earlier, the FAA proposed a
change to paragraph (b)(2) to eliminate the words ``who is unable to
hold a medical certificate,'' because that restriction was believed to
be unnecessary.
For clarification, the FAA has further revised paragraph (b)(2) of
the final rule to specifically permit an instructor to provide
instruction even if he or she does not hold an airman medical
certificate, provided that the instructor is otherwise qualified. It is
also revised by removing an obsolete reference ``advanced simulation
plan.''
Proposed paragraph (b)(2)(ii)(B) requires instructors to
participate in an in-flight observation training course, that includes
three takeoffs and three landings, and that includes performing at
least 1 hour of LOFT as the sole manipulator of the controls. The 1
hour of LOFT must be performed in a flight simulator that replicates an
aircraft of the same class and, if a type rating is required, of the
same type as the aircraft represented by the qualified and approved
flight simulator in which that instructor is designated to instruct.
Several commenters stated that paragraph (b)(2)(ii)(B) refers to
Level C or Level D flight simulators, and suggested that appendix H of
part 121 be changed by this rulemaking to indicate levels instead of
phases.
The proposed requirement contained in this paragraph can be
accomplished only in Level C or Level D flight simulators, as the
Administrator currently qualifies flight simulators. As discussed above
in the section of this document entitled ``Related Activity,'' the FAA
has issued an NPRM entitled ``Part 121; Appendix H, Advanced Simulation
Plan Revisions'' [60 FR 8490; February 14, 1995] to update and revise
appendix H of part 121. In that NPRM, the FAA proposes to change all
references from ``phases'' to ``levels'' in part 121, appendix H.
ATA and several other commenters stated that paragraph (c) of this
section establishes a base-month concept for instructor recurrent
qualifications, and suggested instead an annual requirement only,
similar to the requirement appropriate to part 121 certificate holders.
The FAA does not agree. The commenter's suggestion apparently would
allow training centers to provide recurrent training to instructors as
infrequently as every 24 months. The FAA believes that 12 months is the
maximum period that should be allowed between recurrent qualifications.
Therefore, the FAA has adopted the recurrent training requirement once
each 12-month period, as proposed.
General Comments to Sec. 142.53 as Proposed
ATA commented that, in many cases, part 121 instructor training is
more comprehensive than the training that would be required under this
section and under Sec. 142.55. It recommended that wording be
incorporated to credit an instructor with equivalent training that he
or she may have completed in a part 121 instructor training course.
The FAA agrees. Accordingly, a new paragraph (d) has been added to
permit an instructor to receive credit for equivalent instructor
training courses taken under part 121 or other courses the
Administrator finds equivalent.
AMR commented that this section and title should be amended to
specify that instructors who teach in courses not leading to pilot
certification under part 61 are not subject to the provisions of this
section.
The proposed requirements contained in this section apply to
instruction designed to satisfy only various requirements of 14 CFR.
They address, among other things, courses for review, proficiency,
added ratings, and authorizations in addition to certification. As
discussed in the section-by-section discussion of Sec. 142.31, the
instructor qualification requirements of part 142 do not apply to
courses that are not designed to satisfy any part of 14 CFR and that
are not subject to approval of the Administrator.
One commenter asked why simulation-only instructors are not
required to complete initial or recurrent training in aircraft, the
same as instructors who instruct in flight.
[[Page 34542]]
The FAA has used past experience and recommendations from a joint
industry-FAA working group to form alternatives to in-flight training,
testing, and checking that ensure an equivalent level of safety, since
simulation-only instructors will not be instructing in aircraft.
ATA and several part 121 certificate holders commented that
proposed Sec. 142.91 in subpart G, which paralleled this section and
has been withdrawn, should have a paragraph added to require an annual
written test and an annual proficiency check in each flight simulator,
flight training device, and/or aircraft in which the instructor will be
instructing. According to these commenters, the test and check should
cover the maneuvers that the instructors will be instructing in.
The FAA agrees and has revised this proposed parallel section
accordingly.
AMR asked if an instructor could instruct under subpart C and
subpart G at the same time. It recommended that this should be
permitted.
Although subpart G has been withdrawn, instructors will be
permitted to provide instruction to air carrier clients and non-air-
carrier clients if otherwise qualified.
AIA commented: ``This (sic) is more restrictive than existing check
pilot requirements. Why?''
The commenter apparently is referring to this entire section as
being restrictive. The FAA would not describe this as more, or less,
restrictive than existing check pilot requirements. Check pilots are
employed in parts 121 and 135. They provide checks pursuant to the
comprehensive training programs required by those parts. A check pilot
has functions and responsibilities different from those of a part 142
training center instructor. Thus, the training and checking provisions
proposed for part 142 instructors have been tailored to meet part 142
requirements. They necessarily are different than the training and
testing requirements applicable to check pilots performing checks under
part 121 and part 135.
This section is adopted with the several changes discussed.
Sec. 142.55 Training center evaluator requirements. Paragraph (a)
of this section proposed the requirements for an evaluator, as follows:
(a) In order to authorize a person as evaluator, a training
center must ensure that the person--
(1) Is approved by the Administrator;
(2) Is in compliance with Secs. 142.47, 142.49, and 142.53 of
this part; and
(3) Prior to authorization, and except as provided in paragraph
(b) of this section, every 12-calendar-month period following
initial designation satisfactorily completes a course of training
provided by the training center that includes the following:
(i) Pilot evaluator duties, functions, and responsibilities;
(ii) Methods, procedures, and techniques for conducting required
checks;
(iii) Evaluation of pilot performance; and
(iv) Management of unsatisfactory checks and subsequent
corrective action.
AMR, commenting on proposed paragraph (a), stated that it was not
clear if training center evaluators will have authority equivalent to
designated examiners or pilot proficiency examiners, and asked for
clarification.
Under part 142 an ``evaluator'' is a person who determines
competence of persons applying for a number of different certificates
and ratings subject to 14 CFR on behalf of the Administrator. By
contrast, designated examiners and pilot proficiency examiners have
more limited authority.
ATA and several part 121 certificate holders commented that
proposed Sec. 142.93 in subpart G, which paralleled this section and
has been withdrawn, should have a paragraph added to require an annual
written test and an annual proficiency check in each flight simulator,
flight training device, and/or aircraft in which the instructor will be
instructing. According to these commenters, the test and check should
cover the maneuvers that the instructors will be instructing in.
The FAA agrees and has added a new paragraph (a)(4) to clarify the
request of the commenters.
As discussed above, under Sec. 142.53, pursuant to an ATA comment,
the FAA has determined that it is appropriate to give credit to
potential evaluators who have completed a part 121 evaluator training
course.
Accordingly, a new paragraph (c) has been added to permit an
evaluator to receive credit for equivalent evaluator training courses
taken under part 121 or part 135 that the Administrator finds
equivalent.
In response to several comments on proposed Sec. 142.93 (withdrawn)
the FAA has added a new paragraph (d) to this parallel section to
except evaluators, qualified in accordance with SFAR 58, from the
evaluator requirements of this section.
In addition to the above-referenced revisions, several editorial
changes have been made. In proposed paragraph (b) the term
``instructor'' is replaced with ``evaluator.'' The term ``curriculum''
has been substituted for the term ``training course'' and the term
``tests'' has been substituted for the term ``checks.'' The editorial
changes have been made to bring the terms into conformity with the
commonly accepted definitions as used in numerous other parts of 14 CFR
and numerous FAA publications.
With the changes discussed, this section is adopted as proposed.
Sec. 142.57 Aircraft requirements. Paragraph (a)(1) and (a)(2) of
this section proposed that training center aircraft used for
instruction be civil aircraft of U.S. registry if used in the United
States, and that training centers located outside the country could use
aircraft registered in the host country.
Several commenters, including in effect Airbus, discussed the need
to train in customer-owned aircraft which might be registered in
another country, be operated by the aircraft manufacturer during pre-
certification, or be operated under an export certificate of
airworthiness.
The FAA agrees and has determined that it is unnecessary to
specifically provide for the registration of the aircraft being used.
It is sufficient that the training center will have to comply with the
registration requirements of the country of operation. Accordingly,
proposed paragraphs (a)(1) and (2) have not been adopted. This change
should relieve the commenter's concern. These changes will allow
training centers more flexibility to train customers in customer-owned
aircraft.
With minor editorial changes and restructuring to proposed
paragraph (b), this section is adopted as amended.
Sec. 142.59 Flight simulators and flight training devices. Section
142.59(a) proposed that flight simulators and flight training devices
used in an approved training program must be qualified by the
Administrator. Paragraph (a) of this section also proposed that a
flight simulator or flight training device be approved for use in a
training center training program curriculum. The preamble to paragraph
(a) contained the statements ``Simulation has benefit only if behaviors
learned can be transferred to the aircraft. No effective transfer of
learning has been demonstrated except from flight simulators and flight
training devices that accurately replicate the performance of an
aircraft.''
ATA and several part 121 air carriers commented that the statement
about effective transfer of learning is untrue.
Based on its experience with flight simulation and on study
evidence available to its National Simulator Program Manager (NSPM),
the FAA has concluded that the statements are true. While some learning
may transfer from devices that do not accurately replicate aircraft,
the experience gained is not
[[Page 34543]]
adequate to justify their use as a sole means of training, testing, and
checking.
A few air carriers commented that they were not sure what was meant
by the words ``make, model, and series'' used in an example that was
provided in the NPRM preamble to proposed paragraph (a)(1), which
stated, ``If part 61 * * * requires landing in a particular make,
model, and series aircraft, then a flight simulator used to simulate
that aircraft would have to be qualified and approved both for the
visual landing and to simulate the make, model, and series of
aircraft.'' They provide an example of an aircraft type and different
models of that type.
The commenters are correct. The FAA did not intend to distinguish
between manufacturers' models of the same aircraft type. To make it
clear that only the particular aircraft type need be simulated, as
intended, the FAA has added the words ``or aircraft type'' to the text
of paragraph (a)(1) in the final rule. Section 142.59(c)(1) proposed
that flight simulators and flight training devices used by training
centers be maintained to ensure the reliability of the performances,
functions, and all other characteristics that were required for initial
qualification of the equipment.
One commenter pointed out an editorial omission of the word
``qualification'' in the text of this paragraph. The commenter
indicated that the last word of proposed paragraph (c)(1) should be
``qualification'' and not ``approval.''
The technical guidelines for flight simulators are listed in AC
120-45, as amended. That AC defines qualification as distinct from, and
preceding, approval of a flight simulator. The FAA has determined that
it should continue the use of commonly accepted words to avoid possible
confusion.
Section 142.59(c)(3) proposed that flight simulators and flight
training devices used under part 142 be given a functional check before
being used. Further, this paragraph proposed that training center
instructors must keep a discrepancy log, and enter all discrepancies in
that log at the end of each training session or check.
One commenter asked how often the preflight requirement must be met
and also the purpose of the requirement.
The preflight is required each day the flight simulator is used.
The FAA added the words ``each day'' to proposed paragraph (c)(3) to
make clear the requirement for frequency of preflight inspections. The
purpose of preflight inspections is for the instructor to determine
whether the applicable Simulator Component Inoperative Guide (SCIG), if
any, has been met, or whether all simulator components needed for a
specific training or testing period are present and operative. The FAA
believes that, to ensure effective training, a flight simulator or
flight training devices must accurately replicate the performance of an
aircraft. The FAA can determine that flight simulation accurately
replicates an aircraft only if all components of a flight simulator or
flight training device are checked for proper operation before the
device is used.
Section 142.59(d) proposed that, unless otherwise authorized by the
Administrator (in an SCIG), all components on a flight simulator or
flight training device used by a training center must be operative to
ensure faithful replication of aircraft capabilities.
Several comments were received concerning this proposal. Generally,
the comments addressed aircraft Minimum Equipment List (MEL), and the
fact that the FAA has not developed a master MEL for flight simulators.
The FAA is amending paragraph (d) this section to provide that no
component of a simulator may be inoperative, missing, or malfunctioning
if that component is required for or involved in the planned training,
testing, or checking. A flight simulator or flight training device SCIG
is a guide approved by the Administrator that indicates the specific
training, testing, or testing tasks that are authorized. It also
indicates the restrictions imposed, if a component is inoperative,
malfunctioning, or missing. At this time, the FAA does not plan to
issue an SCIG or master SCIG, but intends instead to allow any training
center applicant or training center to develop its own for the various
courses which it may teach and submit it to the FAA for approval. The
FAA will review and approve an SCIG developed and submitted by a
training center.
Section 142.59(e) proposed to allow training centers to use flight
simulators in approved courses without specific route or terminal aids
and visual scenes.
While the FAA did not receive comments on this proposed section,
ATA and others commented in response to the proposed companion section,
Sec. 142.97, (since withdrawn), that operator specific routes may be
necessary. The commenters stated that the relaxed specific route
requirements during LOFT would not meet the requirements of
Sec. 121.409(b)(3).
The FAA understands the commenter's concern. LOFT or other LOS may
be used for purposes other than necessarily satisfying Sec. 121.409. If
a particular air carrier wants a particular route or other detail
represented, it may require that of the training center with which it
contracts. It is inefficient for certification and type rating training
and testing for all airmen to be subject to an absolute requirement for
training along a particular route, which may be ``repositioned along''
anyway. The FAA believes it is appropriate to leave it to the
discretion of a particular air carrier to determine if it wants a
specific route simulation in its training program. Therefore, this
section is adopted as proposed.
Jet Exam, commented that the language of this section could be
interpreted to mean that a training center applicant would have to
obtain training program approval or a training course approval before
it could request approval of a simulator, and that this would be an
unnecessary burden on the applicant.
The FAA agrees with the commenter's observation that obtaining
approval of a training course before obtaining approval for a flight
simulator could be an economic burden. However, the FAA did not propose
that a certificate applicant would have to obtain training program
approval or a training course approval before it could request approval
of a simulator.
A commenter suggested that the acronym ``NSPM'' should be changed
to ``the Administrator.'' According to the commenter, this would allow
for the possibility of renaming of that function or redelegation of its
functions.
The FAA notes that, while the acronym ``NSPM'' is used in the NPRM
preamble to this section, it did not appear in the NPRM proposed rule
text. However, the FAA did use the term ``Administrator'' in the rule
text of the NPRM and final rule as the commenter has suggested.
The FAA added a clause excepting AQP from the requirements of this
section, to be consistent with the exception of AQP from the
requirements of Sec. 142.39. With that addition, and the other changes
discussed, this section is adopted as proposed.
Subpart D--Operating Rules
This subpart sets forth proposed operating rules for training
centers that provide training in accordance with subpart B of part 142.
Sec. 142.61 Applicability. The FAA proposed in this section that
the operating rules in this subpart would apply to training centers
providing training to clients other than air carrier clients.
Airbus commented that the applicability of subparts D and E should
[[Page 34544]]
be amended to permit aircraft manufacturer training centers who intend
to train only part 121 aircrews, their own employees, U.S. certificated
employees of the manufacturer, and FAA inspectors to conduct that
training under subparts F, G, H, and I of part 121. The commenter
states that part 121 requirements are the most appropriate criteria for
these trainees since their duties are related to large aircraft that
are operating in air carrier service. Airbus made the same comment
about FAA inspectors in comments about several other sections. Other
commenters made an essentially identical comment in reference to some
applicability sections.
The FAA does not agree that the groups of trainees identified by
the commenter should be trained under any rules different from the
rules governing certification and type rating requirements for airmen
at large. The only exception (a waiver under the authority of appendix
A of part 61) is for aircrew employees completing an air carrier
training program and meeting other terms of the waiver provision of
appendix A. The persons identified by the commenters specifically do
not meet the waiver requirements. Large airplanes are operated by
persons other than air carrier certificate holders. The FAA
certificates airmen to operate aircraft of various sizes under the
provisions of several parts of 14 CFR. The part of 14 CFR under which a
pilot is operating, and not the size of the airplane flown by the
pilot, determines the pilot's prerequisite qualification and
certification requirements.
Several of the comments made about this section are similar, or
identical to, comments made about proposed Secs. 61.63, 61.64, 61.157,
and 61.158. The comments generally addressed applicability of specific
training programs to various groups of airmen and the perception of a
dual standard for an ATP certificate.
The FAA response to those similar or identical comments apply also
to this section. Refer to those sections for discussion of related
comments.
For the reasons discussed, this section is adopted as proposed.
Sec. 142.63 Privileges. Section 142.63 proposed to permit training
center instructors and evaluators to meet recency of experience
requirements in a flight simulator or flight training device, if the
flight simulator or flight training device is used in a course approved
in accordance with subpart B or subpart F, as applicable.
This section was revised to delete a reference to subpart F, which
has been withdrawn, and to recognize that AQP makes separate and valid
provisions for recency of experience of simulation instructors. With
the revisions mentioned, this section is adopted as proposed.
Sec. 142.65 Limitations. Because the FAA intends that flight
simulators used in testing, checking, or LOS provide the same time
constraints and sequential, or overlapping, circumstances that occur in
an actual aircraft, Sec. 142.65 (a) proposed to prohibit the use of
flight simulator or flight training device repositioning, freeze, or
slow motion features during testing, checking, and LOFT.
ATA, several part 121 certificate holders, and an aircraft
manufacturer commented that prohibiting the use of repositioning during
LOFT might cause several hours of simulated cruise flight with very
little value.
The FAA agrees with the commenters, and has revised proposed
paragraph (a) by adding paragraph (a)(2) to permit the use of
reposition along a route of flight to a point where the descent and
approach phase of the flight begins. Also, in paragraph (a)(1), any
slow motion, hold, or reposition features may be used at any time
during training and practice, to help stimulate the simulation industry
by helping minimize nonproductive time spent in a flight simulator.
Proposed Sec. 142.65(b)(1) would require a crewmember qualified in
the aircraft category, class, and type, if a type rating is required,
to occupy each crewmember position during testing, checking, or LOS.
During Category II and Category III testing, the copilot position would
have to be occupied by a pilot qualified to perform the duties of an
SIC for Category II or Category III operations, as applicable.
Airbus commented that this section would effectively prohibit the
use of a medically disqualified (simulated) PIC during SIC training and
testing unless the PIC had been fully qualified before serving in this
capacity.
The FAA believes that a PIC should be able to function as a
required crewmember during simulation testing even though he or she
does not hold a valid medical certificate, provided that he or she is
otherwise qualified in the flight simulator or was qualified in the
aircraft type before losing medical certification. The FAA has
determined that there is no safety hazard created by persons operating
flight simulators without a valid medical certificate. Accordingly, a
new paragraph (b)(3) has been added to allow for use of a PIC meeting
the circumstances just discussed, and the section is adopted as
otherwise proposed.
Subpart E--Recordkeeping
Sec. 142.71 Applicability. Proposed subpart E, ``Recordkeeping,''
prescribed the records that a training center certificate holder must
maintain for students who are not aircrew employees of operators under
parts 121, 125, or 135, and the records that would have to be
maintained for instructors and evaluators authorized in accordance with
subpart B of part 142.
Airbus offered the only comment. It suggested that certain persons,
including FAA inspectors, should be excluded from the applicability of
training or testing under this subpart.
The FAA does not agree with the suggestion. All of the persons
identified by Airbus, including FAA inspectors, must complete the same
certification requirements of 14 CFR that apply to other airmen.
For the reason discussed, this section is adopted as proposed.
Sec. 142.73 Recordkeeping requirements. Under this proposed
section, the FAA specified that a training record would have to be
maintained for each person who is enrolled in a course for which that
person is to gain credit toward satisfying any requirement of 14 CFR.
Paragraph (d) proposed:
(d) The certificate holder must provide to the Administrator,
upon request and at a reasonable time and in a reasonable place, the
records required by paragraphs (a) and (b) of this section.
Only one comment was received. The commenter suggested that the
only practical place to keep the required records is at the training
center where the activity requiring records takes place. It suggested
that paragraph (d) be reworded accordingly.
The FAA agrees and has reworded paragraph (d) to require that the
records be kept at the training center or satellite training center
where the training is conducted, or at another site approved by the
Administrator.
The FAA has revised paragraph (c) to provide that records of
qualification to act as instructor or evaluator must be maintained for
the period of time that the individual is employed.
This section is adopted as otherwise proposed.
Subpart J--Other Approved Courses (adopted as Subpart F)
Sec. 142.115 (adopted as Sec. 142.81) Conduct of other approved
courses. The FAA proposed in this section (formerly numbered as
Sec. 142.115 and now renumbered to Sec. 142.81) to provide that
training centers or training center applicants may apply for approval
to
[[Page 34545]]
conduct training for persons other than pilot crew members. Under the
proposal, a course may be approved by the Administrator upon a finding
that it provides a curriculum that will achieve a level of competency
equal to, or greater than that required by the appropriate part of 14
CFR.
A few commenters stressed that many types of training do not
require FAA approval and that subpart J should be deleted.
While it is true that many courses of training do not require FAA
approval, there are several that do, and others that may at some future
date require such approval. This proposed subpart is intended to allow
a training center or a training center applicant to apply for approval
of curricula for persons other than air crews.
TDM Group, Inc., described a flight attendant training program that
it is undertaking with McDonnell Douglas and Continental Airlines. It
remarked that it would like to begin such training under part 142, and
encouraged the Administrator to keep and to expand this subpart.
For the reasons discussed, this section is renumbered as
Sec. 142.81 instead of Sec. 142.115 and is adopted as proposed. A minor
editorial change has been made to proposed paragraph (c) to indicate
that an applicant for course approval must comply with the applicable
requirements of ``subpart A through subpart F of this part'' rather
than ``subpart B or subpart F of this part'' as stated in the proposal.
Editorial Corrections
In addition to the revisions discussed above, a number of editorial
changes have been made to the text of the final rule including the
renumbering of several paragraphs to conform to the current format and
style of the regulations.
Harmonization With ICAO, JAA, and JAR
The proposals adopted in this rulemaking have been compared to ICAO
Annex I, ``Personnel Licensing,'' and the JAA/JAR. This rule is
compatible with international agreements and parallel regulations,
except for the differences which follow:
1. Section 61.65, ``Instrument rating requirements,'' will allow
credit for 35 hours of simulated or actual instrument time for those
applicants who complete an entire approved instrument curriculum at a
training center certificated under part 142. ICAO Annex I, Chapter 2,
Sec. 2.6.1.2.2 allows only 30 hours of credit, and requires 10 hours of
that experience to be in an actual aircraft.
2. Section 61.113, ``Rotorcraft rating: Aeronautical experience,''
will allow an applicant to qualify for this rating with 35 hours of
flight experience, any part of which may be simulated flight, if that
applicant completes an entire approved helicopter rating curriculum at
a training center certificated under part 142. ICAO Annex I, Chapter 7,
Sec. 2.7.1.3.1 requires 40 hours of flight experience for this rating,
of which only 5 hours can be simulated flight.
3. Section 61.129, ``(Commercial) Airplane rating: Aeronautical
experience,'' will allow up to 100 hours of flight time to be simulated
flight if accomplished in an approved flight simulator or approved
flight training device, and any part of the 190 hour total experience
requirement to be simulated flight if the applicant completes an entire
approved commercial airplane curriculum at a training center
certificated under part 142. ICAO Annex I, Chapter 7, Sec. 2.4.1.3
allows credit for only 10 hours of simulated flight experience. It
should be noted that the superseded Sec. 61.129 allowed credit for 50
hours of simulated flight time toward this rating, which was different
from ICAO standards.
The FAA will file a Statement of Differences with ICAO to notify
that body of the listed differences.
Paperwork Reduction Act
The reporting and recordkeeping requirements associated with this
rule have been approved by the Office of Management and Budget and have
been assigned number 2120-0570. Under the Paperwork Reduction Act of
1995 (44 U.S.C. 3507 (d)), no persons are required to respond to a
collection of information unless it displays a valid OMB control
number.
Regulatory Evaluation Summary
Changes to Federal regulations are required to undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. With respect
to this final rule, the FAA has determined that it: (1) Will generate
benefits that justify its costs and is a ``significant regulatory
action'' as defined in the Executive Order; (2) is significant as
defined in the Department of Transportation's Regulatory Policies and
Procedures; (3) will not have a significant impact on a substantial
number of small entities; and (4) will not constitute a barrier to
international trade. Therefore, a full regulatory analysis, which
includes the identification and evaluation of cost-reducing
alternatives to this rule, has not been prepared. Instead, the agency
has prepared a more concise analysis of this final rule in a regulatory
evaluation, which is summarized in the following paragraphs.
Benefits
This rule provides benefits by reducing the amount of training
aircraft flight hours. The increased substitution of on-the-ground
training in flight simulators and flight training devices for in-the-
air training in aircraft decreases the risk of fatal aviation accidents
while training. The increased substitution also yields cost savings
resulting from reduced fuel and oil consumption (energy conservation),
as well as reduced required maintenance costs.
Most of the cost savings come from lowered operations costs,
resulting from using simulators and training devices instead of
aircraft. The estimated savings from existing simulator training
centers training pilots under parts 121, 135, and 91 will be $1.2
billion ($808 million discounted) over the next 10 years. Furthermore,
the final rule will generate additional savings from increased
simulator training of general aviation pilots over the next decade that
total $37 million ($23 million discounted). The total discounted
savings attributed to reduced training aircraft flight hours equals
$831 million over the next 10 years.
The FAA also estimates the value of the safety benefit at $42
million ($26 million discounted) over the same period. Thus, the total
discounted value of part 142 benefits equals $857 million: $832 million
resulting from greater energy conservation, and $26 million resulting
from reduced training accidents.
Costs
Two elements make up the additional administrative cost of part
142: (1) The cost for organizations currently engaged in flight
instruction to apply to qualify for a part 142 certificate; and (2) the
cost for the government to process and to monitor those applications as
well as to inspect and to train the inspectors of part 142 training
centers. Over one-half of the estimated administrative costs to
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implement the simulator rule will be incurred in the first 2 years.
The total 10-year additional administrative cost to implement part
142 is estimated to be about $1.6 million ($1.3 million discounted) of
which over one-half or $881,000 ($797,000 discounted), is expected to
be incurred in the first 2 years. Of this amount, $57,000 ($52,000
discounted) are applicant costs, and $824,000 ($745,000 discounted) are
FAA costs. The balance, $731,000 ($477,000 discounted) represents FAA
monitoring costs over the remaining 8 years.
The FAA expects that the costs of operating simulators for the
newly certificated part 142 training centers will continue to be the
same as those incurred in operating those same simulators under the
rigid standards and requirements imposed by FAA exemptions. The costs
of meeting these FAA standards and requirements are captured in this
analysis as part of the operating costs of a simulator. This cost has
been subtracted from the cost of in-flight training which it replaces,
in computing the cost savings from simulator training.
Benefit-Cost Comparison
The preceding sections show that this final rule will result in
benefits ($858 million discounted) that far exceed the costs ($1.3
million discounted) imposed by the rule. Therefore, the FAA has
determined that the simulator final rule is cost beneficial.
The NPRM established the benefit-to-cost ratio as 3:1; the final
rule, using a more comprehensive definition of benefits, establishes
the benefit-to-cost ratio as approximately 660:1. This is explained, in
part, by a reduction in total costs from approximately Sec. 3.5
million, discounted in the NPRM estimate to approximately Sec. 1.3
million, discounted in the final rule estimate. This reduction results
from the abandoning of the concept of an FAA national field office to
manage certificated simulator training centers.
Most of the increase in the benefit-cost ratio, however, is
explained by the substantial increase in cost-savings benefits ($11
million, discounted NPRM estimate relative to $858 million discounted
final rule estimate) resulting from a more comprehensive definition of
benefits. Both the NPRM and the final rule take into account cost-
saving benefits attributed to the substitution of simulator hours for
training aircraft flight hours as well as to the averting of some
aircraft training accidents. In the NPRM, however, the FAA only
accounted for cost savings attributed to the incremental hours of
simulator training substituted for general aviation pilot training. The
final rule assigns cost savings to not only this subgroup, but to all
parts 121, 135, and other 91 subgroups that currently provide training
under exemption. Finally, the value of life used in the final rule to
measure potential training accident fatalities averted was revised from
$1.5 million to $2.7 million.
International Trade Impact Analysis
The FAA has determined that this rule will not have a significant
impact on international trade. The FAA believes that the final rule
will not negatively effect operators in the training of foreign
citizens who accomplish such pilot training in the United States. Nor
will the final rule have a significant impact on international trade
should the training occur outside the United States, so long as the use
of simulators outside the United States is in compliance with FAA
standards and requirements if the intent is for U.S. pilot
certification.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires
agencies to review rules which may have a ``significant economic impact
on a substantial number of small entities.''
The FAA has adopted criteria and guidelines for rulemaking
officials to apply when determining whether a proposed or existing rule
has any significant economic impact on a substantial number of small
entities. Based on these criteria, a small air carrier is one that owns
nine or fewer aircraft. A small simulator training school has 10 or
fewer employees. A substantial number of small entities is not less
than 11 or more than one-third of affected small entities.
The FAA has determined that 37 pilot training schools and 10
contract trainers now train under exemption from specific part 61
requirements. These organizations will incur some costs in applying for
part 142 certification. Most of these schools employ more than 10
employees (the small entity threshold); however, the FAA does not
expect that those that do not will experience any unnecessary and
disproportionate burden by Federal regulations.
With regard to seven part 121 and part 135 operators holding
exemptions to train using simulators, each has more than nine aircraft.
Hence, no part 121 or 135 air carriers affected by this rule are small
entities.
The FAA, therefore, has determined that this rule will not have a
substantial impact on a significant number of small entities.
Federalism Implications
The regulations announced herein would 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 the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rule
would not have sufficient federalism implications to warrant the
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
regulation is not major under Executive Order 12286 and that this rule
would 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 considered significant under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979). An initial regulatory evaluation of the rule, including a
Regulatory Flexibility Determination and Trade Impact Analysis, has
been placed in the regulatory docket.
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 61
Aircraft, Airmen.
14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Safety, Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety.
14 CFR Part 141
Airmen, Educational facilities, Schools.
[[Page 34547]]
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 chapter I as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
3. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
4. Section 1.1 is amended by adding the following definitions in
alphabetical order to read as follows:
Sec. 1.1 General definitions.
* * * * *
Category IIIa operations, an ILS approach and landing with no
decision height (DH), or a DH below 100 feet (30 meters), and
controlling runway visual range not less than 700 feet (200 meters).
Category IIIb operations, an ILS approach and landing with no DH,
or with a DH below 50 feet (15 meters), and controlling runway visual
range less than 700 feet (200 meters), but not less than 150 feet (50
meters).
Category IIIc operations, an ILS approach and landing with no DH
and no runway visual range limitation.
* * * * *
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
5. 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.
6. Section 61.2, 61.3, and 61.5 are redesignated as Secs. 61.3,
61.5, and 61.6.
6A. A new Sec. 61.2 is added to read as follows:
Sec. 61.2 Definition of terms.
For the purpose of this part:
(a) Authorized Instructor means--
(1) An instructor who has a valid ground instructor certificate or
current flight instructor certificate with appropriate ratings issued
by the Administrator;
(2) An instructor authorized under part 121 (SFAR 58), part 135, or
part 142 of this chapter to give instruction under those parts; or
(3) Any other person authorized by the Administrator to give
instruction under this part.
(b) Flight Simulator, Airplane means a device that--
(1) Is a full-sized airplane cockpit replica of a specific type of
airplane, or make, model, and series of airplane;
(2) Includes the hardware and software necessary to represent the
airplane in ground operations and flight operations;
(3) Utilizes a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(4) Utilizes a visual system that provides at least a 45 deg.
horizontal field of view and a 30 deg. vertical field of view
simultaneously for each pilot; and
(5) Has been evaluated, qualified, and approved by the
Administrator.
(c) Flight Simulator, Helicopter means a device that--
(1) Is a full-sized helicopter cockpit replica of a specific type
of aircraft, or make, model, and series of helicopter;
(2) Includes the hardware and software necessary to represent the
helicopter in ground operations and flight operations;
(3) Utilizes a force cueing system that provides cues at least
equivalent to those cues provided by a 3 degree freedom of motion
system;
(4) Utilizes a visual system that provides at least a 45 deg.
horizontal field of view and 30 deg. vertical field of view
simultaneously for each pilot; and
(5) Has been evaluated, qualified, and approved by the
Administrator.
(d) Flight Training Device means a device that--
(1) Is a full-sized replica of instruments, equipment, panels, and
controls of an airplane or rotorcraft, or set of airplanes or
rotorcraft, in an open flight deck area or in an enclosed cockpit,
including the hardware and software for systems installed, necessary to
simulate the airplane or rotorcraft in ground operations and flight
operations;
(2) Need not have a force (motion) cueing or visual system; and
(3) Has been evaluated, qualified, and approved by the
Administrator.
(e) Set of airplanes or rotorcraft means airplanes or rotorcraft
which all share similar performance characteristics, such as similar
airspeed and altitude operating envelope, similar handling
characteristics, and the same number and type of propulsion systems.
7. Section 61.3 is revised to read as follows:
Sec. 61.3 Certification of foreign pilots and flight instructors.
(a) A person who is neither a U.S. citizen nor a resident alien may
be issued a pilot certificate or flight instructor certificate under
this part (other than under Sec. 61.75 or Sec. 61.77), outside the
United States, only when the Administrator finds that--
(1) The pilot certificate is needed for the operation of a U.S.-
registered civil aircraft; or
(2) The flight instructor certificate is needed for the training of
students who are citizens of the United States.
(b) Training centers, and their satellite training centers
certificated under part 142 of this chapter, may, outside the United
States--
(1) Prepare and recommend applicants for additional ratings and
endorsements to certificates issued by the Administrator under the
provisions of this part, and award additional ratings and endorsements
within the authority granted to that training center by the
Administrator; and
(2) Prepare and recommend U.S. citizen applicants for airman
certificates, and issue certificates to U.S. citizens within the
authority granted to that training center by the Administrator.
8. Section 61.5 is amended by revising the introductory text of
paragraph (d), revising paragraph (f), and adding new paragraphs (i)
and (j) to read as follows:
Sec. 61.5 Requirement for certificates, rating, and authorizations.
* * * * *
(d) Flight instructor certificate. Unless otherwise authorized by
the Administrator, and except for lighter-than-air instruction in
lighter-than-air aircraft, no person other than the holder of a flight
instructor certificate issued in accordance with subpart G of this
part, with an appropriate rating on that certificate, may--
* * * * *
(f) Category II pilot authorization. (1) No person may act as pilot
in command of a civil aircraft during Category II operations unless--
(i) That person holds a current Category II pilot authorization for
that category or class of aircraft, and the type of aircraft, if
applicable; or
(ii) In the case of a civil aircraft of foreign registry, that
person is authorized by the country of registry to act as pilot in
command of that aircraft in Category II operations.
(2) No person may act as second in command of a civil aircraft
during Category II operations unless that person--
(i) Holds a valid pilot certificate with category and class ratings
for that aircraft and a current instrument rating for that category
aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings for that aircraft; or
[[Page 34548]]
(iii) In the case of a civil aircraft of foreign registry, is
authorized by the country of registry to act as second in command of
that aircraft during Category II operations.
* * * * *
(i) Category III pilot authorization. (1) No person may act as
pilot in command of a civil aircraft during Category III operations
unless--
(i) That person holds a current Category III pilot authorization
for that category or class of aircraft, and the type of aircraft, if
applicable; or
(ii) In the case of a civil aircraft of foreign registry, that
person is authorized by the country of registry to act as pilot in
command of that aircraft in Category III operations.
(2) No person may act as second in command of a civil aircraft
during Category III operations unless that person--
(i) Holds a valid pilot certificate with category and class ratings
for that aircraft and a current instrument rating for that category
aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings for that aircraft; or
(iii) In the case of a civil aircraft of foreign registry, is
authorized by the country of registry to act as second in command of
that aircraft during Category III operations.
(j) Exceptions. Paragraphs (f) and (i) of this section do not apply
to operations conducted by the holder of a certificate issued under
part 121 or part 135 of this chapter.
9. A new Sec. 61.4 is added to read as follows:
Sec. 61.4 Qualification and approval of flight simulators and flight
training devices.
Each flight simulator and each flight training device used for
training, for which an airman is to receive credit to satisfy any
training, testing, or checking requirement under this chapter, must be
qualified and approved by the Administrator for--
(a) The training, testing, and checking for which it is used;
(b) Each particular maneuver, procedure, or crewmember function
performed; and
(c) The representation of the specific category and class of
aircraft, type of aircraft, particular variation within type of
aircraft, or set of aircraft in the case of some flight training
devices.
10. Section 61.13 is amended by revising paragraph (e) to read as
follows:
Sec. 61.13 Application and qualification.
* * * * *
(e) The following requirements apply to a Category II pilot
authorization and to a Category III pilot authorization:
(1) The authorization is issued by a letter of authorization as a
part of the applicant's instrument rating or airline transport pilot
certificate.
(2) Upon original issue the authorization contains a visibility
limitation--
(i) For Category II operations, the limitation is 1,600 feet RVR
and a 150-foot decision height; and
(ii) For Category III operations, each initial limitation is
specified in the authorization document.
(3) Limitations on an authorization may be removed as follows:
(i) In the case of Category II limitations, a limitation is removed
when the holder shows that, since the beginning of the sixth preceding
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument
conditions.
(ii) In the case of Category III limitations, a limitation is
removed as specified in the authorization.
(4) To meet the experience requirement of paragraph (e)(3) of this
section, and for the practical test required by this part for a
Category II or a Category III authorization, a flight simulator or
flight training device may be used if it is approved by the
Administrator for such use.
* * * * *
11. Section 61.21 is amended by revising the section heading and
the first sentence to read as follows:
Sec. 61.21 Duration of Category II and Category III pilot
authorization. (for other than part 121 and part 135 use).
A Category II pilot authorization and a Category III pilot
authorization expire on the last day of the sixth month after the month
last issued or renewed. * * *
12. Section 61.39 is amended by adding new paragraphs (a)(6) and
(a)(7) to read as follows:
Sec. 61.39 Prerequisites for flight tests.
* * * * *
(a) * * *
(6) If all increments of the practical test for a certificate or
rating are not completed on one date, all remaining increments of the
test must be satisfactorily completed not more than 60 calendar days
after the date on which the applicant begins the test.
(7) If all increments of the practical test are not satisfactorily
completed within 60 calendar days as required by paragraph (a)(6) of
this section, the applicant must retake the entire practical test,
including those increments satisfactorily completed.
* * * * *
13. Section 61.45 is amended by revising the section heading and
paragraphs (a), (c), and (d) to read as follows:
Sec. 61.45 Practical tests: Required aircraft and equipment.
(a) General. Except when an applicant for a certificate or rating
under this part is permitted to accomplish the entire flight increment
of the practical test in a qualified and approved flight simulator or
in a qualified and approved flight training device:
(1) The applicant must furnish for each required test, except as
provided by paragraph (a)(2) of this section, an aircraft of U.S.
registry--
(i) Of the category and class aircraft, and type aircraft, if
applicable, for which the applicant is applying for a certificate or
rating; and
(ii) That has a current standard or limited airworthiness
certificate.
(2) At the discretion of the person authorized by the Administrator
to conduct the test, the applicant may furnish--
(i) An aircraft that has a current airworthiness certificate other
than standard or limited, but that otherwise meets the requirement of
paragraph (a)(1) of this section;
(ii) An aircraft of the category and class, and type aircraft, if
applicable, of foreign registry that is certificated by the country of
registry; or
(iii) A military aircraft of the category and class aircraft, and
type aircraft, if applicable, for which the applicant is applying for a
certificate or rating.
* * * * *
(c) Required controls. An applicant must furnish for each practical
test an aircraft--
(1) (Other than lighter-than-air) listed in paragraph (a) of this
section.
(2) That has engine controls and flight controls--
(i) That are easily reached; and
(ii) Unless the evaluator conducting the test accepts otherwise,
that can be operated in a conventional manner by the applicant, other
required crewmembers, and the evaluator if the evaluator occupies a
pilot's seat.
(d) Simulated instrument flight equipment. An applicant for any
practical test involving flight maneuvers and flight procedures
accomplished solely by reference to instruments, must furnish equipment
that--
(1) Excludes the applicant's visual reference to objects outside
the aircraft; and
(2) Is otherwise acceptable to the Administrator.
* * * * *
14. Section 61.51 is amended by revising paragraphs (b)(1)(ii),
(b)(1)(iii), (b)(1)(iv), (b)(3)(iii), (c)(2)(i), (c)(4), and
[[Page 34549]]
(c)(5), and by adding new paragraphs (b)(2)(viii) and (c)(2)(iv) to
read as follows:
Sec. 61.51 Pilot logbooks.
* * * * *
(b) * * *
(1) * * *
(ii) Total time of flight or flight lesson.
(iii) Except for simulated flight, the place, or points of
departure and arrival.
(iv) Type and identification of aircraft, flight simulator, or
flight training device.
(2) * * *
(viii) Instruction in a flight simulator or instruction in a flight
training device.
(3) * * *
(iii) Simulated instrument conditions in actual flight, in a flight
simulator, or in a flight training device.
(c) * * *
(2) * * *
(i) A private or commercial pilot may log as pilot-in-command time
that flight time when the pilot is--
(A) The sole manipulator of the controls of an aircraft for which
the pilot is rated; or
(B) Acting as pilot in command of an aircraft on which more than
one pilot is required under the type certification of the aircraft or
the regulation under which the flight is conducted.
* * * * *
(iv) A recreational pilot may log as pilot-in-command time only
that time when the pilot is the sole manipulator of the controls of an
aircraft for which the pilot is rated.
* * * * *
(4) Instrument flight time.
(i) Except as provided in paragraph (c)(4)(iv) of this section, a
pilot may log as instrument flight time only that time when the pilot
operates an aircraft solely by reference to instruments under actual or
simulated instrument flight conditions.
(ii) For simulated instrument conditions a qualified and approved
flight simulator or qualified and approved flight training device may
be used, provided an authorized instructor is present during the
simulated flight.
(iii) Each entry in the pilot logbook must include--
(A) The place and type of each instrument approach completed; and
(B) The name of the safety pilot for each simulated instrument
flight conducted in flight.
(iv) An instrument flight instructor conducting instrument flight
instruction in actual instrument weather conditions may log instrument
time.
(5) Instruction time. All time logged as instruction time must be
certified by the authorized instructor from whom it was received.
* * * * *
15. Section 61.55 is amended by revising paragraphs (b)(2)(ii) and
by adding new paragraphs (b)(3) and (b)(4) to read as follows:
Sec. 61.55 Second-in-command qualifications.
* * * * *
(b) * * *
(2) * * *
(ii) Engine-out procedures and maneuvering with an engine out while
executing the duties of a pilot in command.
(3) Except as provided in paragraph (b)(4) of this section, the
requirements of this paragraph (b)(3) may be accomplished in a flight
simulator that is--
(i) Qualified and approved by the Administrator for such purposes;
and
(ii) Used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(4) An applicant for an initial second-in-command qualification for
a particular type of aircraft who is qualifying under the terms of
paragraph (b)(3) of this section shall satisfactorily complete a
minimum of one takeoff and one landing in an aircraft of the same type
for which the qualification is sought.
* * * * *
16. Section 61.56 is amended by revising paragraph (e) and adding a
new paragraph (h) to read as follows:
Sec. 61.56 Flight review.
* * * * *
(e) An applicant who has, within the period specified in paragraphs
(c) and (d) of this section, satisfactorily completed a test for a
pilot certificate, rating, or operating privilege, 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.
* * * * *
(h) A flight simulator or flight training device may be used to
meet the flight review requirements of this section subject to the
following conditions:
(1) The flight simulator or flight training device must be approved
by the Administrator for that purpose.
(2) The flight simulator or flight training device must be used in
accordance with an approved course conducted by a training center
certificated under part 142 of this chapter.
(3) Unless the review is undertaken in a flight simulator that is
approved for landings, the applicant must meet the takeoff and landing
requirements of Sec. 61.57 (c) or (d).
(4) The flight simulator or flight training device used must
represent an aircraft, or set of aircraft, for which the pilot is
rated.
17. Section 61.57 is amended by revising paragraphs (c), (d), and
(e) to read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(c) General experience. (1) Except as otherwise provided in
paragraph (f) of this section, no person may act as pilot in command of
an aircraft carrying passengers, or of an aircraft certificated for
more than one required pilot flight crewmember, unless that person
meets the following requirements--
(i) Within the preceding 90 calendar days, that person must have
made three takeoffs and three landings as the sole manipulator of the
flight controls in an aircraft of the same category and class and, if a
type rating is required, of the same type of aircraft.
(ii) If the aircraft operated under paragraph (c)(1)(i) of this
section is a tailwheel airplane, that person must have made to a full
stop the landings required by that paragraph.
(2) For the purpose of meeting the requirements of this section, a
person may act as pilot in command of a flight under day visual flight
rules (VFR) or day instrument flight rules (IFR) if no persons or
property are carried other than as necessary for compliance with this
part.
(3) The takeoffs and landings required by paragraph (c)(1) of this
section may be accomplished in a flight simulator or flight training
device--
(i) Qualified and approved by the Administrator for landings; and
(ii) Used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(d) Night experience. (1) Except as provided in paragraph (f) of
this section, no person may act as pilot in command of an aircraft
carrying passengers at night (the period beginning 1 hour after sunset
and ending 1 hour before sunrise (as published in the American Air
Almanac) unless, within the preceding 90 days, that person has made not
fewer than three takeoffs and three landings to a full stop, at night,
as the sole manipulator of the flight controls in the same category and
class of aircraft.
(2) The takeoffs and landings required by paragraph (d)(1) of this
section may
[[Page 34550]]
be accomplished in a flight simulator that is--
(i) Qualified and approved by the Administrator for takeoffs and
landings, if the visual system is adjusted to represent the time of day
described in paragraph (d)(1) of this section; and
(ii) Used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(e) Instrument currency. (1) Except as provided by paragraph (f) of
this section, no person may act as pilot in command under IFR, or in
weather conditions less than the minimums prescribed for VFR, unless,
within the preceding 6 calendar months, that person has--
(i) In the case of an aircraft other than a glider--
(A) Logged at least 6 hours of instrument time including at least
six instrument approaches under actual or simulated instrument
conditions, not more than 3 hours of which may be in approved
simulation representing aircraft other than gliders; or
(B) Passed an instrument competency test as described in paragraphs
(e)(2) and (e)(3) of this section; or
(ii) In the case of a glider, the person must have logged at least
3 hours of instrument time, at least half of which was in a glider or
an airplane, except that the person may not carry a passenger in the
glider until that person has completed at least 3 hours of instrument
flight time in a glider.
(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 for VFR, until that person passes an instrument competency
test in the category and class of aircraft involved, given by a person
authorized by the Administrator to conduct the test.
(3) The Administrator may authorize the conduct of all or part of
the test required by paragraph (e)(2) of this section in a qualified
and approved flight simulator or flight training device.
* * * * *
18. Section 61.58 is revised to read as follows:
Sec. 61.58 Pilot-in-command proficiency check: Operation of aircraft
requiring more than one required pilot.
(a) Except as otherwise provided in this section, to serve as pilot
in command of an aircraft that is type certificated for more than one
required pilot crewmember, a person must--
(1) Within the preceding 12 calendar months, complete a pilot-in-
command check in an aircraft that is type certificated for more than
one required pilot crewmember; and
(2) Within the preceding 24 calendar months, complete a pilot-in-
command check in the particular type of aircraft in which that person
will serve as pilot in command.
(b) This section does not apply to persons conducting operations
under part 121, part 125, part 127, part 133, part 135, or part 137 of
this chapter.
(c) The pilot-in-command check given in accordance with the
provisions of part 121, part 125, part 127, or part 135 of this chapter
may be used to satisfy the requirements of this section.
(d) The pilot-in-command check required by paragraph (a) of this
section may be accomplished by satisfactory completion of one of the
following--
(1) A pilot-in-command proficiency check conducted by a person
authorized by the Administrator, consisting of the maneuvers and
procedures required for a type rating;
(2) The practical test required for a type rating;
(3) The initial or periodic practical test required for the
issuance of a pilot examiner or a check airman designation; or
(4) A military flight check required for a pilot in command with
instrument privileges, in an aircraft that the military requires to be
operated by more than one pilot.
(e) A check or a test described in paragraphs (d)(1) through (d)(4)
of this section may be accomplished in a flight simulator qualified and
approved under part 142 of this chapter subject to the following:
(1) Except as allowed in paragraphs (e)(2) and (e)(3) of this
section, if an otherwise qualified and approved flight simulator used
for a pilot-in-command proficiency check is not qualified and approved
for a specific required maneuver--
(i) The training center shall annotate, in the applicant's training
record, the maneuver or maneuvers omitted; and
(ii) Prior to acting as pilot in command, the pilot shall
demonstrate proficiency in each omitted maneuver in an aircraft or
flight simulator qualified and approved for each omitted maneuver.
(2) If the flight simulator used pursuant to this paragraph (e) is
not qualified and approved for circling approaches--
(i) The applicant's record shall be annotated with the statement,
``Proficiency in circling approaches not demonstrated''; and
(ii) The applicant may not perform circling approaches as pilot in
command when weather conditions are less than the basic VFR conditions
described in Sec. 91.155 of this chapter, until proficiency in circling
approaches has been successfully demonstrated in an approved simulator
or aircraft to a person authorized by the Administrator to conduct the
check required by this section.
(3) If the flight simulator used pursuant to this paragraph (e) is
not qualified and approved for landings the applicant must--
(i) Hold a type rating in the airplane represented by the
simulator; and
(ii) Have completed, within the preceding 90 days, at least three
takeoffs and three landings (one to a full stop) as the sole
manipulator of the flight controls in the type airplane for which the
pilot-in-command proficiency check is sought.
(f) For the purpose of meeting the check requirements of paragraph
(a) of this section, a person may act as pilot in command of a flight
under day VFR conditions or day IFR conditions if no person or property
is carried, other than as necessary to demonstrate compliance with this
part.
(g) If a pilot takes the check required by this section in the
calendar month before, or the calendar month after, the month in which
it is due, the pilot is considered to have taken it in the month in
which it was due for the purpose of computing when the next check is
due.
19. Section 61.63 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 61.63 Additional aircraft ratings for other than airline
transport pilot certificates (for parts 121 and 135 use only).
(a) General. To be eligible for an additional aircraft rating to a
pilot certificate, an applicant who is a pilot crewmember employee of a
part 121 certificate holder or a part 135 certificate holder must meet
the requirements of paragraphs (b) through (d) of this section, as
applicable to the rating sought.
* * * * *
20. A new section 61.64 is added 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).
(a) General. To be eligible for an additional aircraft rating to a
pilot certificate, an applicant who is not a crewmember employee
applicant of a part 121 training program or a part 135 training program
must meet the requirements of paragraphs (b) through
[[Page 34551]]
(i) of this section, applicable to the rating sought.
(b) Category rating. An applicant who holds a pilot certificate and
applies to add a category rating must meet the following requirements:
(1) Present a record of training certified by an authorized
instructor showing that the applicant has--
(i) Received ground training on the aeronautical knowledge areas
applicable to the pilot certificate and aircraft category and class
rating sought;
(ii) Received flight training in the category and class of aircraft
on the areas of operation applicable to the pilot certificate and
aircraft category and class rating sought;
(iii) Been found competent by the certifying flight instructor in
the aeronautical knowledge areas required for the pilot certificate to
which the added aircraft category rating would apply; and
(iv) Been found competent by the certifying flight instructor in
the areas of operation required for the pilot certificate to which the
added aircraft category rating would apply;
(2) Pass the knowledge test applicable to the pilot certificate and
aircraft category and class rating sought; and
(3) Pass the practical test required for the pilot certificate
held, and category and class rating sought.
(c) Class rating. An applicant who holds a pilot certificate and
applies to add a class rating must meet the following requirements:
(1) The applicant must present a record certified by an authorized
instructor showing that the applicant has--
(i) Received flight instruction in the class of aircraft on the
areas of operation applicable to the pilot certificate and aircraft
class rating sought;
(ii) Received ground training on the aeronautical knowledge areas
applicable to the pilot certificate and aircraft class rating sought;
(iii) Been found competent by the certifying flight instructor in
the aeronautical knowledge areas applicable to the pilot certificate to
which the category and class rating would apply; and
(iv) Been found competent by the certifying flight instructor in
the areas of operation applicable to the pilot certificate to which the
aircraft class rating would apply;
(2) Pass a knowledge test applicable to the pilot certificate and
aircraft class rating sought; and
(3) Pass a practical test required for the pilot certificate held,
and required for the category and class rating sought.
(d) Type rating. An applicant who holds a pilot certificate and
applies to add a type rating must meet the following requirements--
(1) Present a record of training certified by an authorized
instructor that shows that the applicant has--
(i) Received ground training on the aeronautical knowledge areas
applicable to the type rating sought;
(ii) Received flight training on the areas of operation applicable
to the type rating sought; and
(iii) Been found competent by the certifying flight instructor in
the areas of operation required for the issue of the pilot certificate
for which the aircraft type rating is sought.
(2) Passed a required practical test on the areas of operation
listed in Sec. 61.158 or Sec. 61.163, as applicable, for the aircraft
type rating sought.
(3) If the applicant does not hold an instrument rating, in
addition to the tasks required by paragraph (d)(2) of this section, the
applicant must also demonstrate competency in the operations required
by Sec. 61.65(g).
(e) The tasks required by paragraphs (b), (c), and (d) of this
section shall be performed as follows:
(1) Except as provided in paragraph (e)(2) of this section, the
tasks must be performed in an aircraft of the same category, class, and
type, if applicable, as the aircraft for which the added rating is
sought.
(2) Subject to the limitations of paragraph (e)(3) through (e)(12)
of this section, the tasks may be performed in a flight simulator or a
flight training device that represents the aircraft for which the added
rating is sought.
(3) The flight simulator or flight training device use permitted by
paragraph (e)(2) of this section shall be conducted in accordance with
an approved course at a training center certificated under part 142 of
this chapter.
(4) To complete all training and testing (except preflight
inspection) for an unlimited added rating in a flight simulator--
(i) The flight simulator must be qualified as Level C or Level D;
and
(ii) The applicant must meet at least one of the following:
(A) Hold a type rating for a turbojet airplane of the same class as
the class of airplane for which the type rating is sought, or have been
appointed by a military service as a pilot in command of an airplane of
the same class as the class of airplane for which the type rating is
sought, if a turbojet type rating is sought.
(B) Hold a type rating for a turbopropeller airplane of the same
class as the class of airplane for which the type rating is sought, or
have been designated by a military service as a pilot in command of an
airplane of the same class as the class of airplane for which the type
rating is sought, if a turbopropeller airplane type rating is sought.
(C) Have at least 2,000 hours of actual flight time, of which 500
hours must be in turbine-powered airplanes of the same class as the
class of airplane for which the type rating is sought.
(D) Have at least 500 hours of actual flight time in the same type
airplane as the airplane for which the rating is sought.
(E) Have at least 1,000 hours of flight time in at least two
different airplanes requiring a type rating.
(5) Subject to the limitation of paragraph (e) (6) of this section,
an applicant who does not meet the requirements of paragraph (e)(4) of
this section may complete all training and testing (except for
preflight inspection) for an added rating in a flight simulator if--
(i) The flight simulator is qualified as Level C or Level D; and
(ii) The applicant meets at least one of the following:
(A) Holds a type rating in a propeller-driven airplane if a type
rating in a turbojet airplane is sought, or holds a type rating in a
turbojet airplane if a type rating in a propeller-driven airplane is
sought.
(B) Since the beginning of the 12th calendar month before the month
in which the applicant completes the practical test for the added
rating, has logged--
(1) At least 100 hours of flight time in airplanes in the same
class of airplane for which the type rating is sought and which require
a type rating; and
(2) At least 25 hours of flight time in airplanes in the same type
of airplane for which the rating is sought.
(6) An applicant meeting only the requirements of paragraph (e)(5)
of this section will be issued an added rating with a limitation.
(7) The limitation on certificates issued under the provisions of
paragraph (e)(6) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the added rating.''
(8) An applicant gaining a certificate with the limitation
specified in paragraph (e)(7) of this section--
(i) May not act as PIC of the aircraft for which an added rating
was obtained under the provisions of this section until he or she has
had the limitation removed from the certificate; and
(ii) May have the limitation removed by serving 15 hours of
supervised operating experience as pilot in
[[Page 34552]]
command under the supervision of a qualified and current pilot in
command, in the seat normally occupied by the pilot in command, in an
aircraft of the same type as the airplane to which the limitation
applies.
(9) An applicant who does not meet the requirements of paragraph
(e)(4) or (e)(5) of this section may be awarded an added rating after
successful completion of one of the following requirements:
(i) Compliance with paragraph (e)(2) and (e)(3) of this section and
the following tasks, applicable to airplane ratings only, which must be
successfully completed on a static airplane or in flight, as
appropriate:
(A) Preflight inspection;
(B) Normal takeoff;
(C) Normal ILS approach;
(D) Missed approach; and
(E) Normal landing.
(ii) Compliance with paragraphs (e)(2), (e)(3), and (e)(10) through
(e)(12) of this section.
(10) An applicant meeting only the requirements of paragraph (e)(9)
of this section will be issued an added rating with a limitation.
(11) The limitation on certificates issued under the provisions of
paragraph (e)(10) of this section shall state, ``This certificate is
subject to pilot-in-command limitations for the added rating.''
(12) An applicant gaining a certificate with the limitation
specified in paragraph (e)(11) of this section--
(i) May not act as PIC of the aircraft for which an added rating
was obtained under the provisions of this section until he or she has
had the limitation removed from the certificate; and
(ii) May have the limitation removed by serving 25 hours of
supervised operating experience as pilot in command under the
supervision of a qualified and current pilot in command, in the seat
normally occupied by the PIC, in an aircraft of the same type as the
airplane to which the limitation applies.
(f) An applicant for a type rating who provides an aircraft not
capable of the instrument maneuvers and procedures required by
Sec. 61.158 or Sec. 61.163 for the practical test may--
(1) Obtain a type rating limited to ``VFR only''; and
(2) Remove the ``VFR only'' limitation for each aircraft type in
which the applicant demonstrates compliance with the instrument
requirements of Sec. 61.158 or Sec. 61.163 or the requirements of
Sec. 61.73(e)(2).
(g) An applicant for a type rating may be issued a certificate with
the limitation ``VFR only'' for each aircraft type not equipped for the
applicant to show instrument competency.
(h) An applicant for a type rating in a multiengine, single-pilot-
station airplane may meet the requirements of this part in another
multiengine airplane.
(i) An applicant for a type rating in a single-engine, single-
pilot-station airplane may meet the requirements of this part in
another single-engine or multiengine airplane if the applicant meets
the instrument currency requirements of Sec. 61.57(e).
21. Section 61.65 is amended by removing and reserving paragraphs
(d) and (f), revising paragraph (b) introductory text, paragraph (c)
introductory text and (c)(1), (c)(3), (c)(4), and (c)(5), paragraph (e)
introductory text and (e)(2) and (g); and adding paragraph (c)(6) and
(h) to read as follows:
Sec. 61.65 Instrument rating requirements.
* * * * *
(b) Ground instruction and written test. An applicant for the
written test for an instrument rating must have received ground
instruction or have logged home study in, and passed a written test on,
at least the following areas of aeronautical knowledge applicable to
the rating sought:
* * * * *
(c) Flight instruction. Except as otherwise provided in this
paragraph, an applicant for the practical test for an instrument rating
must present a record certified by an authorized instructor showing
instrument flight instruction and competency in an aircraft of the same
category for which the instrument rating is sought, in each of the
following areas of operations:
(1) Control and accurate maneuvering of the aircraft solely by
reference to instruments.
* * * * *
(3) Instrument approaches to published minimums using two different
nonprecision approach systems and one precision approach system.
(4) Cross-country flight in an aircraft in simulated or actual IFR
conditions, on Federal airways or as routed by air traffic control,
subject to the following:
(i) The flight must be at least 250 nautical miles (100 nautical
miles for helicopters) including a minimum of one precision instrument
approach and two nonprecision instrument approaches.
(ii) Each instrument approach must be accomplished at a different
airport.
(iii) If the departure and final destination airports are the same
airport, the destination airport may be considered as the third
airport.
(iv) No approach need be done more than once.
(5) Simulated emergencies involving equipment or instrument
malfunctions, missed approach procedures, deviations to unplanned
alternates, recovery from unusual attitudes, loss of communications,
and simulated loss of power on at least one-half of the engines if a
multiengine aircraft is used.
(6) Flight instruction required by paragraphs (c)(1), (c)(2),
(c)(3), and (c)(5) of this section may be accomplished in a qualified
and approved flight simulator or in a qualified and approved flight
training device.
(d) [Reserved]
(e) Flight experience. Except as provided in paragraph (h) of this
section, an applicant for an instrument rating must have at least the
following flight time as a pilot:
* * * * *
(2) 40 hours of simulated or actual instrument time, which may
include--
(i) Not more than a combined total of 20 hours of instrument
instruction by an authorized instructor in a qualified and approved
flight simulator or in a qualified and approved flight training device;
or
(ii) Not more than 30 hours of instrument instruction accomplished
in an approved course conducted by a training center certificated under
part 142 of this chapter.
* * * * *
(f) [Reserved]
(g) Practical test. An applicant for an instrument rating must pass
a practical test consisting of an oral increment and a flight
increment, as follows:
(1) The flight increment required by this paragraph (g) (1) may be
accomplished in any category, class, and type aircraft that is
certificated for flight in instrument conditions, or in a qualified and
approved flight simulator or qualified and approved flight training
device.
(2) The practical test required by this paragraph (g) (2) 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.
(3) The following requirements of the practical test must be
accomplished in an aircraft or in a qualified and approved flight
simulator:
(i) At least one published precision, nonprecision, and circling
approach.
(ii) At least one landing.
(iii) At least one cross-country flight.
(h) Training qualifications. An applicant for the instrument rating
who
[[Page 34553]]
has satisfactorily completed an approved curriculum conducted at a
training center certificated under part 142 of this chapter must have--
(1) A total of at least 95 hours of pilot flight time, including at
least 35 hours of simulated or actual instrument flight time; or
(2) Satisfactorily completed the requirements of an approved
instrument rating course at a part 142 certified training center that
has received approval from the Administrator to conduct a curriculum
satisfying the requirements of the instrument rating in--
(i)Fewer than 95 hours of pilot flight time; or
(ii) Fewer than 35 hours of simulated instrument time or actual
instrument time.
22. Section 61.67 is amended by revising paragraphs (a)(2), (b)
introductory text, (b)(1), (b)(2), (c)(2), (d) introductory text,
(d)(1) introductory text, and (d)(2), by removing the concluding text
at the end of paragraph (c), and by adding paragraphs (c)(3) through
(c)(7) to read as follows:
Sec. 61.67 Category II pilot authorization requirements.
(a) * * *
(2) A type rating for the aircraft for which the authorization is
sought if that aircraft requires a type rating.
(b) Experience requirements. An applicant for a Category II
authorization must have at least--
(1) 50 hours of night flight time as pilot in command;
(2) 75 hours of instrument time under actual or simulated
instrument conditions that may include not more than--
(i) A combination of 25 hours of simulated instrument flight time
in qualified and approved flight simulators or qualified and approved
flight training devices; or
(ii) 40 hours of simulated instrument flight time if accomplished
in an approved course conducted by an appropriately rated training
center certificated under part 142 of this chapter.
* * * * *
(c) * * *
(2) To be eligible for the practical test, an applicant must--
(i) Meet the requirements of paragraphs (a) and (b) of this
section;
(ii) Hold the appropriate class rating; and
(iii) If the applicant has not passed a practical test for this
authorization since the beginning of the twelfth calendar month, meet
the following recent experience requirements--
(A) The requirements of Sec. 61.57(e); and
(B) At least six ILS approaches since the beginning of the sixth
month before the practical test, subject to the following:
(1) The approaches must be conducted under actual or simulated
instrument flight conditions.
(2) The approaches must be conducted down to the minimum decision
height for the ILS approach in the type aircraft in which the practical
test is to be conducted.
(3) Except as provided in paragraph (c)(4) of this section, the
approaches must be accomplished in an aircraft of the same category and
class, and type, as applicable, as the aircraft in which the practical
test is to be conducted.
(4) The approaches may be accomplished in a flight simulator that--
(i) Represents an aircraft of the same category and class, and
type, as applicable, as the aircraft in which the authorization is
sought; and
(ii) Is used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(5) The approaches need not be conducted down to the decision
height authorized for Category II operations if conducted in a
qualified and approved flight simulator or qualified and approved
flight training device.
(6) At least three of the approaches required by paragraph
(c)(2)(iii)(B) of this section must be conducted manually, without the
use of an approach coupler.
(7) The flight time acquired in meeting the requirements of
paragraph (c)(2)(iii)(B) of this section may be used to meet the
requirements of paragraph (c)(2)(iii)(A) of this section.
(d) Practical test procedures. Oral questioning may be conducted at
any time during the practical test. The practical test consists of two
increments:
(1) Oral increment. The applicant must demonstrate knowledge of the
following:
* * * * *
(2) Flight increment. The following requirements apply to the
flight increment of a practical test:
(i) The flight increment may be conducted in an aircraft of the
same category and class and type, as applicable, as the aircraft in
which the authorization is sought or in a flight simulator that--
(A) Represents an aircraft of the same category and class, and
type, as applicable, as the aircraft in which the authorization is
sought; and
(B) Is used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(ii) At least two ILS approaches to 100 feet AGL including at least
one landing and one missed approach.
(iii) All approaches must be made with the approved flight control
guidance system, except that if an approved automatic approach coupler
is installed, at least one approach must be hand flown using flight
director commands.
(iv) If a multiengine airplane with the performance capability to
execute a missed approach with one engine inoperative is used, one
missed approach must be executed with an engine, which shall be the
most critical engine, if applicable, set at idle or zero thrust before
reaching the middle marker.
(v) If a flight simulator is used, the missed approach must be
executed with an engine, which shall be the most critical engine, if
applicable, failed.
(vi) For authorizations for aircraft that require a type rating,
the test must be performed in coordination with a second in command who
holds a type rating in the aircraft in which the authorization is
sought.
23. Section 61.68 is added to read as follows:
Sec. 61.68 Category III pilot authorization requirements.
(a) General. An applicant for a Category III pilot authorization
must hold--
(1) A pilot certificate with an instrument rating or airline
transport pilot certificate;
(2) A valid medical certificate;
(3) A category and class rating for the aircraft for which the
authorization is sought; and
(4) A type rating for the aircraft for which the authorization is
sought, if that aircraft requires a type rating.
(b) Experience requirements. An applicant for a Category III
authorization must have at least--
(1) 50 hours of night flight time as pilot in command;
(2) Except as provided in paragraph (c) of this section, 75 hours
of instrument flight time during actual or simulated instrument
conditions that may include not more than a combination of 25 hours of
simulated instrument flight time in qualified and approved flight
simulators or qualified and approved flight training devices; and
(3) 250 hours of cross-country flight time as pilot in command.
(c) Increasing instrument flight time hours. The instrument flight
time
[[Page 34554]]
allowed in flight simulators or flight training devices under paragraph
(b)(2) of this section may be increased to not more than 40 hours if
accomplished in an approved course conducted by a training center
certificated under part 142 of this chapter.
(d) Practical test required. (1) An applicant for the issuance or
renewal of a Category III authorization or for the addition of another
type aircraft to an authorization must pass a practical test.
(2) If the applicant has not passed a practical test for this
authorization since the beginning of the twelfth calendar month, the
applicant must meet the following recency of experience requirements:
(i) The requirements of Sec. 61.57(e).
(ii) At least six ILS approaches since the beginning of the sixth
month before the practical test, subject to the following:
(A) The approaches must be conducted under actual or simulated
instrument flight conditions and flown down to the minimum altitude for
the ILS approach.
(B) Except as provided in paragraph (d)(2)(ii)(C) of this section,
the approaches must be accomplished in an aircraft of the same category
and class, and type, as applicable, as the aircraft in which the
practical test is to be conducted.
(C) The approaches may be accomplished in a flight simulator or
flight training device that--
(1) Represents an aircraft of the same category and class, and
type, as applicable, as the aircraft for which the authorization is
sought; and
(2) Is used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(D) Conducted down to the alert height or decision height, as
applicable, authorized for Category III operations only if conducted in
a qualified and approved flight simulator or qualified and approved
flight training device.
(e) Practical test procedures. Oral questioning may be conducted at
any time during the practical test. The practical test consists of two
increments:
(1) Oral increment. The applicant must demonstrate knowledge of the
following:
(i) Required landing distance.
(ii) Determination and recognition of the alert height or decision
height, as applicable, including use of a radar altimeter.
(iii) Recognition of and proper reaction to significant failures
encountered prior to and after reaching the alert height or decision
height, as applicable.
(iv) Missed approach procedures and techniques using computed or
fixed attitude guidance displays and expected height loss as they
relate to manual go-around or automatic go-around and initiation
altitude, as applicable.
(v) The use and limitations of RVR, including determination of
controlling RVR and required transmissometers.
(vi) The use, availability, or limitations of visual cues and the
altitude at which they are normally discernible at reduced RVR readings
including--
(A) Unexpected deterioration of conditions to less than minimum RVR
during approach, flare, and rollout;
(B) Demonstration of expected visual references with weather at
minimum conditions; and
(C) The expected sequence of visual cues during an approach in
which visibility is at or above landing minima.
(vii) Procedures and techniques for making a transition from
instrument reference flight to visual flight during a final approach
under reduced RVR.
(viii) Effects of vertical and horizontal wind shear.
(ix) Characteristics and limitations of the ILS and runway lighting
system.
(x) Characteristics and limitations of the flight director system
auto approach coupler (including split axis type if so equipped), auto
throttle system, if applicable, and other Category III equipment, as
applicable.
(xi) Assigned duties of the second in command during Category III
operations, unless the aircraft for which authorization is sought does
not require a second in command.
(xii) Recognition of the limits of acceptable aircraft position and
flight path tracking during approach, flare, and, if applicable,
rollout.
(xiii) Recognition of, and reaction to, airborne or ground system
faults or abnormalities, particularly after passing alert height or
decision height, as applicable.
(2) Flight increment. The following requirements apply to the
flight increment of the practical test:
(i) The flight increment may be conducted in an aircraft of the
same category and class, and type, as applicable, as the aircraft in
which the authorization is sought, or in a flight simulator that--
(A) Represents an aircraft of the same category and class, and
type, as applicable, as the aircraft in which the authorization is
sought; and
(B) Is used in accordance with an approved course conducted by a
training center certificated under part 142 of this chapter.
(ii) All approaches must be made with the approved automatic
landing system or an equivalent landing system approved by the
Administrator and must consist of the following:
(A) At least two ILS approaches to 100 feet AGL, including one
landing and one missed approach initiated from a very low altitude that
may result in a touchdown during the go-around maneuver.
(B) If a multiengine aircraft with the performance capability to
execute a missed approach with one engine inoperative is used, a missed
approach shall be executed with an engine, which shall be the most
critical engine, if applicable, set at idle or zero thrust before
reaching the middle or outer marker.
(C) If a flight simulator or flight training device is used, a
missed approach must be executed with an engine, which shall be the
most critical engine, if applicable, failed.
(D) Subject to the limitations of paragraph (e)(2)(ii)(E) of this
section, for Category IIIb operations predicated on the use of a fail-
passive rollout control system, at least one manual rollout using
visual reference or a combination of visual and instrument references.
(E) The maneuver required by paragraph (e)(2)(ii)(D) of this
section shall be initiated by a fail-passive disconnect of the rollout
control system--
(1) After main gear touchdown;
(2) Prior to nose gear touchdown;
(3) In conditions representative of the most adverse lateral
touchdown displacement allowing a safe landing on the runway; and
(4) In weather conditions anticipated in Category IIIb operations.
(iii) For authorizations for aircraft that require a type rating,
the practical test must be performed in coordination with a second in
command who holds a type rating in the aircraft in which the
authorization is sought.
24. Section 61.109 is revised to read as follows:
Sec. 61.109 Airplane rating: Aeronautical experience.
(a) Except as provided in paragraph (h) of this section, an
applicant for a private pilot certificate with an airplane category
rating must have at least the following aeronautical experience:
(1) At least 20 hours of flight instruction from an authorized
instructor, including at least--
(i) 3 hours of cross-country flight.
(ii) 3 hours of flight at night, including ten takeoffs and ten
landings for applicants seeking night flying privileges.
(iii) 3 hours in airplanes in preparation for the private pilot
[[Page 34555]]
practical test within 60 calendar days prior to that test.
(2) At least 20 hours of solo flight time, including at least-
(i) 10 hours of flight in airplanes;
(ii) 10 hours of cross-country flight; and
(iii) Three solo takeoffs and landings to a full stop at an airport
with an operating control tower.
(b) Each flight required by paragraph (a)(2)(ii) of this section
must include--
(1) A landing at a point more than 50 nautical miles from the
original departure point; and
(2) One flight of at least 300 nautical miles with landings at a
minimum of three points, one of which is at least 100 nautical miles
from the original departure point.
(c) An applicant who does not meet the night flying requirement of
paragraph (a)(1)(ii) of this section may be issued a private pilot
certificate bearing the limitation ``night flying prohibited.'' The
limitation may be removed if the holder of the certificate shows that
he or she has met the requirements of paragraph (a)(1)(ii) of this
section.
(d) Except as provided in paragraph (e) of this section, a maximum
of 2.5 hours of instruction in a flight simulator or flight training
device representing an airplane from an authorized instructor may be
credited toward the total hours required by paragraph (a) of this
section.
(e) A maximum of 5 hours of instruction in a flight simulator or
flight training device representing an airplane may be credited toward
the total hours required by paragraph (a) of this section if the
instruction is accomplished in a course conducted by a training center
certificated under part 142 of this chapter.
(h) Except where fewer hours are approved by the Administrator, an
applicant for a private pilot certificate with an airplane rating who
has satisfactorily completed an approved private pilot course conducted
by a training center certificated under part 142 of this chapter need
have only a total of at least 35 hours of pilot flight time in
aircraft, flight simulators, or flight training devices.
25. Section 61.113 is revised to read as follows:
Sec. 61.113 Rotorcraft rating: Aeronautical experience.
(a) Except as provided in paragraph (g) of this section, an
applicant for a private pilot certificate with a rotorcraft category
rating must have at least the following aeronautical experience:
(1) For a helicopter class rating, 40 hours of flight instruction
and solo flight time including at least--
(i) 20 hours of flight instruction from an authorized flight
instructor, 15 hours of which must be in a helicopter, including--
(A) 3 hours of cross-country flying in helicopters; and
(B) 3 hours of night flying in helicopters, including 10 takeoffs
and 10 landings, each of which must be separated by an en-route phase
of flight;
(ii) 3 hours in helicopters in preparation for the private pilot
practical test within 60 calendar days before that test;
(iii) A flight in a helicopter with a landing at a point other than
an airport; and
(2) 20 hours of solo flight time, 15 hours of which must be in a
helicopter, including at least--
(i) 3 hours of cross-country flying in helicopters, including one
flight with a landing at three or more points, each of which must be
more than 25 nautical miles from each of the other landing points; and
(ii) Three takeoffs and three landings in helicopters at airports
or heliports with operating control towers, each separated by an en-
route phase of flight.
(b) Except as provided in paragraph (c) of this section, a maximum
of 2.5 hours of instruction in a flight simulator or flight training
device representing a helicopter from an authorized instructor may be
credited toward the total hour requirement of paragraph (a) of this
section.
(c) A maximum of 5 hours of instruction in a flight simulator or
flight training device representing a helicopter may be credited toward
the total hours required by paragraph (a) of this section if the
instruction is accomplished in a course conducted by a training center
certificated under part 142 of this chapter.
(d) The applicant for a gyroplane class rating must have a total of
at least--
(1) 20 hours of flight instruction from an authorized flight
instructor, 15 hours of which must be in a gyroplane, including at
least the following--
(i) 3 hours of cross-country flying in gyroplanes;
(ii) 3 hours of night flying in gyroplanes, including ten takeoffs
and ten landings; and
(iii) 3 hours in gyroplanes in preparation for the private pilot
flight test within 60 calendar days before that test.
(2) 20 hours of solo flight time, 10 hours of which must be in a
gyroplane, including--
(i) 3 hours of cross-country flying in gyroplanes, including one
flight with a landing at three or more points, each of which must be
more than 25 nautical miles from each of the other two points; and
(ii) Three takeoffs and three landings in gyroplanes at an airport
with an operating control tower.
(3) Except as provided in paragraph (d)(4) of this section, a
maximum of 2.5 hours of instruction in a flight simulator or flight
training device representing a gyroplane may be credited toward the
total hours required by paragraph (d)(1) of this section.
(4) A maximum of 5 hours of instruction in a flight simulator or
flight training device representing a gyroplane may be credited toward
the total hours required by paragraph (d)(1) of this section if the
instruction is accomplished in an approved course conducted by a
training center certificated under part 142 of this chapter.
(e) An applicant who does not meet the night flying requirements of
paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of this section will be
issued a private pilot certificate bearing the limitation ``night
flying prohibited.''
(f) The limitation required by paragraph (e) of this section may be
removed if the holder of the certificate demonstrates compliance with
the requirements of paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of
this section, as applicable.
(g) Except where fewer hours are approved by the Administrator, an
applicant for a private pilot certificate with a rotorcraft category
rating who has satisfactorily completed an approved private pilot
course conducted by a training center certificated under part 142 of
this chapter need have only a total of at least 35 hours of pilot
flight time in aircraft, flight simulators, or flight training devices.
26. Section 61.129 is amended by revising paragraph (b)
introductory text and (b)(1) and (b)(2) introductory text, and by
adding paragraphs (b)(4) and (c) to read as follows:
Sec. 61.129 Airplane rating: Aeronautical experience.
* * * * *
(b) Flight time as pilot. Except as provided in paragraph (c) of
this section, an applicant for a commercial pilot certificate with an
airplane rating must have at least the following aeronautical
experience:
(1) A total of at least 250 hours of flight time as a pilot that
may include not more than--
(i) Except as provided in paragraph (b)(1)(ii) of this section, 50
hours of flight simulator instruction or flight training device
instruction from an authorized instructor; or
[[Page 34556]]
(ii) 100 hours of flight simulator instruction or flight training
device instruction, if the instruction is accomplished in an approved
course conducted by a training center certificated under part 142 of
this chapter.
(2) The flight time required by paragraph (b)(1) of this section
must include--
* * * * *
(4) Flight simulator instruction and flight training device
instruction must be accomplished in a qualified and approved flight
simulator or in a qualified and approved flight training device
representing an airplane.
(c) Except where fewer hours are approved by the Administrator, an
applicant for a commercial pilot certificate with an airplane rating
who has satisfactorily completed an approved commercial pilot course
conducted by a training center certificated under part 142 of this
chapter must have a total of at least 190 hours of pilot flight time in
aircraft, flight simulators, or flight training devices.
27. Section 61.131 is amended by revising the introductory text,
paragraph (b) introductory text and (b)(1) introductory text, and by
adding paragraphs (a)(3), (a)(4), (b)(3), (b)(4), and (c) to read as
follows:
Sec. 61.131 Rotorcraft ratings: Aeronautical experience.
Except as provided in paragraph (c) of this section, an applicant
for a commercial pilot certificate with a rotorcraft category rating
must have at least the following aeronautical experience:
(a) * * *
(3) Except as provided in paragraph (a)(4) of this section, a
maximum of 35 hours of flight simulator instruction or flight training
device instruction from an authorized instructor may be credited toward
the total hour requirement for a pilot certificate.
(4) A maximum of 50 hours of flight simulator instruction or flight
training device instruction may be credited toward the total hours
required by paragraph (a)(1) of this section if the instruction is
accomplished in an approved course conducted by a training center
certificated under part 142 of this chapter.
(b) For a gyroplane class rating:
(1) An applicant must have at least 150 hours of flight time in
aircraft, including at least 100 hours in powered aircraft, 25 hours of
which must be in a gyroplane, including at least--
* * * * *
(3) Except as provided in paragraph (b)(4) of this section, a
maximum of 35 hours of flight simulator instruction or flight training
device instruction from an authorized instructor may be credited toward
the total requirement for a pilot certificate if the instruction is
accomplished in a flight simulator or in a flight training device
representing a gyroplane.
(4) A maximum of 50 hours of flight simulator instruction or flight
training device if instruction may be credited toward the total hours
required by paragraph (b)(1) of this section if the instruction is
accomplished in an approved course conducted by a training center
certificated under part 142 of this chapter.
(c) Except as otherwise approved by the Administrator, an applicant
for a commercial pilot certificate with a rotorcraft rating and a
helicopter class rating who has satisfactorily completed an approved
commercial pilot course conducted by a training center certificated
under part 142 of this chapter must have a total of at least 150 hours
of pilot flight time in aircraft, flight simulators, or flight training
devices.
28. Section 61.155 is revised to read as follows:
Sec. 61.155 Airplane rating: Aeronautical experience.
(a) Except as provided in paragraph (d) of this section, for an
applicant for an airline transport pilot certificate with an airplane
category and class rating, the following requirements apply:
(1) The applicant must hold a commercial pilot certificate, a
foreign airline transport pilot, or commercial pilot license without
limitations issued by a member state of ICAO, or meet the requirements
of Sec. 61.73 that would qualify the applicant for a commercial pilot
certificate;
(2) The applicant must have at least 1,500 hours of total time as a
pilot that includes at least--
(i) 500 hours of cross-country flight time;
(ii) 100 hours of night flight time;
(iii) 75 hours of instrument flight time, in actual or simulated
instrument conditions, subject to the following:
(A) Except as provided in paragraph (a)(2)(iii)(B) of this section,
an applicant may not receive more than 25 hours of simulated instrument
time in flight simulators and flight training devices.
(B) A maximum of 50 hours of instruction in a flight simulator or
flight training device may be credited toward the total hours required
by paragraph (a)(2) of this section if the instruction is accomplished
in a course conducted by a training center certificated under part 142
of this chapter.
(C) Instruction in a flight simulator or flight training device
must be accomplished in a qualified and approved flight simulator or in
a qualified and approved flight training device, representing an
airplane; and
(iv) 250 hours of flight time in an airplane as a pilot in command
or as a second in command performing the duties and functions of a
pilot in command under the supervision of a pilot in command, or any
combination thereof, which includes at least--
(A) 100 hours of cross-country flight time; and
(B) 25 hours of night flight time; and
(3) Not more than 100 hours of total pilot experience may be
obtained in a flight simulator or flight training device, provided the
pilot experience is accomplished in an approved course conducted by a
training center certificated under part 142 of this chapter.
(b) An applicant who has performed at least 20 night takeoffs and
landings to a full stop may substitute each additional night takeoff
and landing to a full stop in excess of the minimum 20 takeoffs for 1
hour of night flight time to satisfy the requirements of paragraph
(a)(2) of this section, for a total credited time of no more than 25
hours.
(c) If an applicant with less than 150 hours of pilot-in-command
time otherwise meets the requirements of paragraph (a)(2)(iv) of this
section, the applicant's certificate will be endorsed ``Holder does not
meet the pilot-in-command flight experience requirement of ICAO'', as
prescribed by article 39 of the ``Convention on International Civil
Aviation.'' Whenever the pilot presents satisfactory written evidence
that 150 hours of pilot-in-command time has been accumulated, the
applicant is entitled to a new certificate without the endorsement.
(d) A commercial pilot may credit the following second-in-command
and flight engineer flight time (or a combination of either crewmember
position flight time) toward the 1,500 hours of total time as a pilot
required by paragraph (a) of this section:
(1) All second-in-command time acquired in an airplane required to
have more than one pilot by the airplane's flight manual or type
certificate or by the regulations under which the flight is conducted.
(2) Flight engineer time, provided the time--
(i) Is acquired in an airplane that is required to have a flight
engineer by the airplane's flight manual, the type
[[Page 34557]]
certificate, or the regulations under which the flight is conducted;
(ii) Is acquired while the applicant is participating in a pilot
training program approved under part 121 of this chapter; and
(iii) Is credited at a rate of 1 hour of flight time for each 3
hours of flight engineer time, for a total credited time of no more
than 500 hours.
(e) If an applicant who credits second-in-command or flight
engineer time under paragraph (d) of this section toward the 1,500
hours total flight time requirement of paragraph (a)(2) of this
section--
(1) Does not have at least 1,200 hours of flight time as a pilot
including not more than 50 percent of the second-in-command time and
none of the flight engineer time; but
(2) Otherwise meets the requirements of paragraph (a)(2) of this
section, the applicant's certificate will be endorsed ``Holder does not
meet the pilot flight experience requirements of ICAO,'' as prescribed
by article 39 of the ``Convention on International Civil Aviation.''
Whenever the applicant presents satisfactory evidence of having
accumulated 1,200 hours of flight time as a pilot including no more
than 50 percent of the second-in-command time and none of the flight
engineer time, the applicant is entitled to a new certificate without
the endorsement.
29. Section 61.157 is amended by revising the section heading and
adding a new 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 proficiency check under Sec. 121.441
of this chapter or successful completion of both a competency check,
under Sec. 135.293 of this chapter, and a pilot-in-command instrument
proficiency check, under Sec. 135.297 of this chapter, satisfies the
requirements of this section for the appropriate aircraft rating.
30. Section 61.158 is added to read as follows:
Sec. 61.158 Airplane rating: Aeronautical skill (for other than parts
121 and 135).
(a) An applicant for an airline transport pilot certificate with a
single engine or multiengine class rating or type rating, must--
(1) Pass a practical test based on the following areas of
operation:
(i) Preflight procedures.
(ii) Ground operations.
(iii) Takeoff and departure maneuvers.
(iv) In-flight maneuvers.
(v) Instrument procedures.
(vi) Landings and approaches to landings.
(vii) Normal and abnormal procedures.
(viii) Emergency procedures.
(ix) Postflight procedures.
(2) If seeking an airplane type rating, present a record of
training certified by an authorized instructor showing that the
applicant has--
(i) Received ground training on the aeronautical knowledge areas
required by this section applicable to the airplane type rating sought;
and
(ii) Received flight training on the areas of operation applicable
to the airplane type rating sought.
(b) If the applicant does not hold an instrument rating, in
addition to the areas specified in paragraph (a)(1) of this section,
the applicant must also demonstrate competency in the operations
referenced in Sec. 61.65(g).
(c) The demonstrations required by paragraphs (a) and (b) of this
section must be performed in--
(1) An airplane of the same class, and, if applicable, an airplane
of the same type, for which the class rating or type rating is sought;
or
(2) Subject to the requirements of paragraphs (d)(1) through (d)(8)
of this section, as applicable, a flight simulator or a flight training
device that represents the airplane type for which the type rating is
sought, or set of airplanes if the airplane for which the class rating
is sought, does not require a type rating.
(d) The following requirements apply to a demonstration of
competency under this section in a flight simulator or a flight
training device;
(1) The flight simulator or flight training device use permitted by
paragraph (c)(2) of this section must be in accordance with an approved
course at a training center certificated under part 142 of this
chapter;
(2) To complete all training and testing (except preflight
inspection) for an unlimited added rating in a flight simulator--
(i) The flight simulator must be qualified as Level C or Level D;
and
(ii) The applicant must meet the aeronautical experience
requirements of Sec. 61.155 and at least one of the following:
(A) Hold a type rating for a turbojet airplane of the same class as
the class of airplane for which the type rating is sought or have been
designated by a military service as a pilot in command of an airplane
of the same class as the class of airplane for which the type rating is
sought, if a turbojet type rating is sought.
(B) Hold a type rating for a turbopropeller airplane of the same
class as the class of airplane for which the type rating is sought, or
have been appointed by a military service as a pilot in command of an
airplane of the same class as the class of airplane for which the type
rating is sought, if a turbopropeller airplane type rating is sought.
(C) Have at least 2,000 hours of actual flight time, of which 500
hours must be in turbine-powered airplanes of the same class as the
class of airplane for which the type rating is sought.
(D) Have at least 500 hours of actual flight time in the same type
airplane as the type of airplane for which the type rating is sought.
(E) Have at least 1,000 hours of flight time in at least two
different airplanes requiring a type rating.
(3) Subject to the limitation of paragraph (d)(4) of this section
an applicant who does not meet the requirements of paragraph (d)(2) of
this section may complete all training and testing (except for
preflight inspection) for an added rating if--
(i) The flight simulator is qualified as Level C or Level D; and
(ii) The applicant meets the aeronautical experience requirements
of Sec. 61.155 and at least one of the following:
(A) Holds a type rating in a propeller-driven airplane if a type
rating in a turbojet airplane is sought, or holds a type rating in a
turbojet airplane if a type rating in a propeller-driven airplane is
sought.
(B) Since the beginning of the 12th calendar month before the month
in which the applicant completes the practical test for the added
rating, has logged--
(1) At least 100 hours of flight time in airplanes in the same
class as the class of airplane for which the type rating is sought and
which require a type rating; and
(2) At least 25 hours of flight time in airplanes of the same type
as the type of airplane for which the type rating is sought.
(4) An applicant meeting only the requirements of paragraph
(d)(3)(ii)(A) and (B) of this section will be issued an added rating,
or an airline transport pilot certificate with an added rating, as
applicable, with a limitation. The limitation shall state: ``This
certificate is subject to pilot-in-command limitations for the added
rating.''
(5) An applicant gaining a certificate with the limitation
specified in paragraph (d)(4) of this section--
(i) May not act as pilot in command of the aircraft for which an
added rating was obtained under the provisions of this section until he
or she has had the limitation removed from the certificate; and
[[Page 34558]]
(ii) May have the limitation removed by serving 15 hours of
supervised operating experience as pilot in command under the
supervision of a qualified and current pilot in command, in the seat
normally occupied by the pilot in command, in an airplane of the same
type as the type of airplane to which the limitation applies.
(6) An applicant who does not meet the requirements of paragraph
(d)(2)(ii)(A) through (E) or (d)(3)(ii)(A) and (B) of this section may
be awarded an airline transport pilot certificate or an added rating to
that certificate after successful completion of one of the following
requirements:
(i) An approved course at a training center which includes all
training and testing for that certificate or rating followed by
training and testing on the following tasks, which must be successfully
completed on a static airplane or in flight, as appropriate:
(A) Preflight inspection;
(B) Normal takeoff;
(C) Normal ILS approach;
(D) Missed approach; and
(E) Normal landing.
(ii) An approved course at a training center which includes all
training and testing for that certificate or rating and compliance with
paragraphs (d)(7) and (d)(8) of this section.
(7) An applicant meeting only the requirements of paragraph (d)(6)
of this section will be issued an added rating, or an airline transport
pilot certificate with an added rating, as applicable, with a
limitation. The limitation shall state: ``This certificate is subject
to pilot-in-command limitations for the added rating.''
(8) An applicant gaining a certificate with the limitation
specified in paragraph (d)(7) of this section--
(i) May not act as pilot in command of the aircraft for which an
added rating was obtained under the provisions of this section until he
or she has had the limitation removed from the certificate; and
(ii) May have the limitation removed by serving 25 hours of
supervised operating experience as pilot in command under the
supervision of a qualified and current pilot in command, in the seat
normally occupied by the pilot in command, in an airplane of the same
type as the type of airplane to which the limitation applies.
(e) Unless the Administrator requires certain or all tasks to be
performed, the person authorized by the Administrator to conduct the
practical test for an airline transport pilot certificate may waive any
of the tasks for which the Administrator approves waiver authority.
31. Section 61.161 is amended by revising paragraph (b)(4) and by
adding a new paragraph (b)(5) to read as follows:
Sec. 61.161 Rotorcraft rating: Aeronautical experience.
* * * * *
(b) * * *
(4) 75 hours of actual or simulated instrument time under actual or
simulated conditions. At least 50 hours of this time must be completed
in flight with at least--
(i) 25 hours in helicopters as pilot in command;
(ii) 25 hours in helicopters as second in command performing the
duties of a pilot in command under the supervision of a pilot in
command; or
(iii) Any combination of paragraph (b)(4)(i) and (b)(4)(ii) of this
section that totals 25 hours in helicopters.
(5) Flight simulator or flight training device instruction may be
credited toward the total hour requirement of paragraph (b)(4) of this
section subject to the following:
(i) Flight simulator and flight training device instruction must be
accomplished in a qualified and approved flight simulator or in a
qualified and approved flight training device, representing a
rotorcraft.
(ii) Except as provided in paragraph (b)(5)(iii) of this section,
an applicant may receive credit for not more than a combined total of
25 hours of simulated instrument time in flight simulators and flight
training devices.
(iii) A maximum of 50 hours of flight simulator instruction or
flight training device instruction may be credited toward the total
hours required by paragraph (b)(4) of this section if the instruction
is accomplished in an approved course conducted by a training center
certificated under part 142 of this chapter.
32. Section 61.163 is revised to read as follows:
Sec. 61.163 Rotorcraft rating: Aeronautical skill.
(a) An applicant for an airline transport pilot certificate with a
rotorcraft category and helicopter class rating or a type rating must
pass a practical test based on the following areas of operation:
(1) Preflight procedures.
(2) Ground operations.
(3) Takeoff and departure procedures.
(4) In-flight maneuvers.
(5) Instrument procedures.
(6) Landings and approaches to landings.
(7) Normal and abnormal procedures.
(8) Emergency procedures.
(9) Postflight procedures.
(b) If the applicant does not hold an instrument rating, in
addition to the areas specified in paragraph (a) of this section, the
applicant must also demonstrate competency in the operations required
by Sec. 61.65(g).
(c) The demonstrations required by paragraphs (a) and (b) of this
section must be performed in--
(1) The helicopter for which the class rating or type rating is
sought; or
(2) Subject to the requirements of paragraphs (d)(1) through (d)(8)
of this section, as applicable, a flight simulator or flight training
device that represents the helicopter for which the class rating or
type rating is sought.
(d) The following requirements apply to a demonstration of
competency under this section in a flight simulator or a flight
training device:
(1) The flight simulator or flight training device use permitted by
paragraph (c)(2) of this section must be in accordance with an approved
course at a training center certificated under part 142 of this
chapter.
(2) To complete all training and testing (except preflight
inspection) for an unlimited added rating in a flight simulator--
(i) The flight simulator must be qualified as Level C or Level D;
and
(ii) The applicant must meet the aeronautical experience
requirements of Sec. 61.161 and at least one of the following:
(A) Hold a type rating for a turbine-powered helicopter, or have
been designated by a military service as a pilot in command of an a
turbine-powered helicopter, if a turbine-powered helicopter type rating
is sought.
(B) Have at least 1,200 hours of actual flight time, of which 500
hours must be in turbine-powered helicopters.
(C) Have at least 500 hours of actual flight time in the same type
helicopter as the helicopter for which the type rating is sought.
(D) Have at least 1,000 hours of flight time in at least two
different helicopters requiring a type rating.
(3) Subject to the limitation of paragraph (d)(4) of this section,
an applicant who does not meet the requirements of paragraph (d)(2) of
this section may complete all training and testing (except for
preflight inspection) for an added rating if--
(i) The flight simulator is qualified as Level C or Level D; and
(ii) The applicant meets the aeronautical experience requirements
of Sec. 61.161 and, since the beginning of the 12th calendar month
before the month in which the applicant completes the
[[Page 34559]]
practical test for the added rating, has logged--
(A) At least 100 hours of flight time in helicopters; and
(B) At least 15 hours of flight time in helicopters of the same
type as the helicopter for which the type rating is sought.
(4) An applicant meeting only the requirements of paragraph
(d)(3)(ii) (A) and (B) of this section will be issued an added rating,
or an airline transport pilot certificate with a limitation. The
limitation shall state: ``This certificate is subject to pilot-in-
command limitations for the added rating.''
(5) An applicant gaining a certificate with the limitation
specified in paragraph (d)(4) of this section--
(i) May not act as pilot in command of the aircraft for which an
added rating was obtained under the provisions of this section until he
or she has had the limitation removed from the certificate; and
(ii) May have the limitation removed by serving 15 hours of
supervised operating experience as pilot in command under the
supervision of a qualified and current pilot in command, in the seat
normally occupied by the pilot in command, in an aircraft of the same
type as the type of aircraft to which the limitation applies.
(6) An applicant who does not meet the requirements of paragraph
(d)(2)(ii) (A) through (D) or (d)(3)(ii) (A) and (B) of this section
may be awarded an airline transport pilot certificate or an added
rating to that certificate after successful completion of the of one of
the following requirements:
(i) An approved course at a training center which includes all
training and testing for that certificate or rating followed by
training and testing on the following tasks, which must be successfully
completed on a static aircraft or in flight, as appropriate:
(A) Preflight inspection;
(B) Normal takeoff from a hover;
(C) Manually flown precision approach; and
(D) Steep approach and landing to an off-airport heliport;
(ii) An approved course at a training center which includes all
training and testing for that certificate or rating and compliance with
paragraphs (d)(7) and (d)(8) of this section.
(7) An applicant meeting only the requirements of paragraph (d)(6)
of this section will be issued an added rating or an airline transport
pilot certificate with an added rating, as applicable, with a
limitation. The limitation shall state: ``This certificate is subject
to pilot-in-command limitations for the added rating.''
(8) An applicant gaining a certificate with the limitation
specified in paragraph (d)(7) of this section--
(i) May not act as pilot in command of the aircraft for which an
added rating was obtained under the provisions of this section until he
or she has had the limitation removed from the certificate; and
(ii) May have the limitation removed by serving 25 hours of
supervised operating experience as pilot in command under the
supervision of a qualified and current pilot in command, in the seat
normally occupied by the pilot in command, in an aircraft of the same
type as the type of aircraft to which the limitation applies.
(e) Unless the Administrator requires certain or all tasks to be
performed, the person authorized by the Administrator to conduct the
practical test for an airline transport pilot certificate may waive any
of the tasks for which the Administrator approves waiver authority.
33. Section 61.169 is revised to read as follows:
Sec. 61.169 Instruction in air transportation service.
(a) An airline transport pilot may instruct--
(1) Other pilots in air transportation service in aircraft of the
category, class, and type, as applicable, for which the airline
transport pilot is rated;
(2) In flight simulators and flight training devices representing
the aircraft referenced in paragraph (a)(1) of this section, when
instructing under the provisions of this section;
(3) Only as provided in this section, unless the airline transport
pilot also holds a flight instructor certificate, in which case he or
she may exercise the instructor privileges of subpart G of part 61 for
which he or she is rated; and
(4) When instructing under the provisions of this section in an
actual aircraft, only if the aircraft has functioning dual controls,
when instructing under the provisions of this section.
(b) Excluding briefings and debriefings, an airline transport pilot
may not instruct in aircraft, flight simulators, and flight training
devices under this section--
(1) For more than 8 hours in any 24-consecutive-hour period; or
(2) For more than 36 hours in any 7-consecutive-day period.
(c) An airline transport pilot may not instruct in Category II or
Category III operations unless he or she has been trained and
successfully tested under Category II or Category III operations, as
applicable.
34. Section 61.187 is amended by adding a new paragraph (c) to read
as follows:
Sec. 61.187 Flight proficiency.
* * * * *
(c) The flight instruction required by this section may be
accomplished--
(1) In an aircraft; or
(2) In a flight simulator or in a flight training device used in
accordance with an approved course at a training center certificated
under part 142 of this chapter.
35. Section 61.191 is amended by revising paragraph (c) and adding
a new paragraph (d) to read as follows:
Sec. 61.191 Additional flight instructor ratings.
* * * * *
(c) Pass the written and practical test prescribed in this subpart
for the rating sought.
(d) If accomplished in accordance with an approved course conducted
by a training center certificated under part 142 of this chapter, the
practical test may be conducted in a flight simulator, or a flight
training device.
36. Section 61.195 is amended by adding paragraph (h) to read as
follows:
Sec. 61.195 Flight instructor limitations.
* * * * *
(h) A flight instructor may not give instruction in Category II or
Category III operations unless the flight instructor has been trained
and tested in Category II or Category III operations, pursuant to
Sec. 61.67 or Sec. 61.68, as applicable.
37. Section 61.197 is revised to read as follows:
Sec. 61.197 Renewal of flight instructor certificates.
(a) Except as provided in paragraph (b) of this section, the holder
of a flight instructor certificate may renew that certificate for an
additional period of 24 calendar months if that individual
satisfactorily completes a practical test for--
(1) Renewal of the flight instructor certificate and rating sought;
or
(2) An additional flight instructor rating.
(b) The holder of a flight instructor certificate may renew that
certificate and its ratings without accomplishing a practical test, by
presenting to an FAA Flight Standards District Office evidence of one
of the following:
(1) A record showing that, during the preceding 24 calendar months,
the instructor has served--
(i) As a company check pilot;
(ii) As a chief flight instructor;
(iii) As a company check airman or flight instructor in a part 121
or part 135 operation; or
[[Page 34560]]
(iv) In a comparable position involving the regular evaluation of
pilots.
(2) A graduation certificate from an approved flight instructor
refresher course, provided that--
(i) The course was completed prior to the expiration date of the
flight instructor certificate; and
(ii) The course consists of not less than 24 hours of ground
training, flight training, or a combination of ground training and
flight training.
(c) If an instructor satisfactorily completes the requirements of
this section within 90 calendar days prior to the expiration date of
the flight instructor certificate, the instructor is considered to have
completed the requirements of this section prior to the expiration
date, and the certificate will be renewed for an additional 24 calendar
months beyond the expiration date.
(d) Except as allowed by paragraph (e) of this section, the
practical test required by paragraph (a) of this section must be
conducted in an aircraft.
(e) The practical test required by paragraph (a) of this section
may be accomplished in a flight simulator or in a flight training
device if the test is accomplished pursuant to an approved course
conducted by a training center certificated under part 142 of this
chapter.
38. Part 61, appendix A is amended by revising the heading to read
as follows:
Appendix A to Part 61--Practical Test Requirements for Airplane Airline
Transport Pilot Certificates and Associated Class and Type Ratings (For
Parts 121 and 135 Use Only)
39. Part 61, appendix B, is removed.
PART 91--GENERAL OPERATING AND FLIGHT RULES
40. The authority citation for part 91 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
41. Section 91.191 is revised to read as follows:
Sec. 91.191 Category II and Category III manual.
(a) Except as provided in paragraph (c) of this section, after
August 4, 1997, no person may operate a U.S.-registered civil aircraft
in a Category II or a Category III operation unless--
(1) There is available in the aircraft a current and approved
Category II or Category III manual, as appropriate, for that aircraft;
(2) The operation is conducted in accordance with the procedures,
instructions, and limitations in the appropriate manual; and
(3) The instruments and equipment listed in the manual that are
required for a particular Category II or Category III operation have
been inspected and maintained in accordance with the maintenance
program contained in the manual.
(b) Each operator must keep a current copy of each approved manual
at its principal base of operations and must make each manual available
for inspection upon request by the Administrator.
(c) This section does not apply to operations conducted by a holder
of a certificate issued under part 121 or part 135 of this chapter.
42. Section 91.205 is amended by revising paragraph (f) and adding
a new paragraph (g) and (h) to read as follows:
Sec. 91.205 Powered civil aircraft with standard category U.S.
airworthiness certificates: Instrument and equipment requirements.
* * * * *
(f) Category II operations. The requirements for Category II
operations are the instruments and equipment specified in--
(1) Paragraph (d) of this section; and
(2) Appendix A to this part.
(g) Category III operations. The instruments and equipment required
for Category III operations are specified in paragraph (d) of this
section.
(h) Exclusions. Paragraphs (f) and (g) of this section do not apply
to operations conducted by a holder of a certificate issued under part
121 or part 135 of this chapter.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
43. 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.
Special Federal Aviation Regulation No. 58--Advanced Qualification
Program
43A. Section 2 of SFAR 58 is amended by revising the definition of
``training center'' to read as follows:
2. Definitions.
* * * * *
Training center means an organization certificated under part 142
of this chapter or an organization approved by the Administrator to
operate under the terms of this SFAR to provide training as described
in section 1(b) of SFAR 58.
* * * * *
43B. Section 11 of SFAR 58 is amended by adding a new paragraph (d)
to read as follows:
11. Approval of Training, Qualification, or Evaluation by a Person
Who Provides Training by Arrangement.
* * * * *
(d) Approval for the training, qualification, or evaluation by a
person who provides training by arrangement authorized by this section
expires on August 3, 1998 unless that person meets the eligibility
requirements specified under Sec. 121.402 or Sec. 135.324 of this
chapter. After August 2, 1998 approval for the training, qualification,
or evaluation, by a person who provides training by arrangement
authorized by this section, shall be granted only to persons who meet
the eligibility requirements specified under Sec. 121.402 or
Sec. 135.234 of this chapter.
* * * * *
44. Section 121.400 is amended by adding new paragraphs (c)(7) and
(c)(8).
Sec. 121.400 Applicability and terms used.
* * * * *
(7) Training center. An organization governed by the applicable
requirements of part 142 of this chapter that provides training,
testing, and checking under contract or other arrangement to
certificate holders subject to the requirements of this part.
(8) Requalification training. The training required for crewmembers
previously trained and qualified, but who have become unqualified due
to not having met within the required period the recurrent training
requirements of Sec. 121.427 or the proficiency check requirements of
Sec. 121.441.
45. Section 121.402 is added to read as follows:
Sec. 121.402 Training program: Special Rules.
(a) Other than the certificate holder, only another certificate
holder certificated under this part or a training center certificated
under part 142 of this chapter is eligible under this subpart to
provide training, testing, and checking under contract or other
arrangement to those persons subject to the requirements of this
subpart.
(b) A certificate holder may contract with, or otherwise arrange to
use the services of, a training center certificated under part 142 of
this chapter to provide training, testing, and checking required by
this part only if the training center--
[[Page 34561]]
(1) Holds applicable training specifications issued under part 142
of this chapter;
(2) Has facilities, training equipment, and courseware meeting the
applicable requirements of part 142 of this chapter;
(3) Has approved curriculums, curriculum segments, and portions of
curriculum segments applicable for use in training courses required by
this subpart; and
(4) Has sufficient instructor and check airmen qualified under the
applicable requirements of Secs. 121.411 or 121.413 to provide
training, testing, and checking to persons subject to the requirements
of this subpart.
46. Section 121.431 is amended by revising paragraph (a) to read as
follows:
Sec. 121.431 Applicability.
(a) This subpart:
(1) Prescribes crewmember qualifications for all certificate
holders except where otherwise specified. The qualification
requirements of this subpart also apply to each certificate holder that
conducts commuter operations under part 135 of this chapter with
airplanes for which two pilots are required by the aircraft type
certification rules of this chapter. The Administrator may authorize
any other certificate holder that conducts operations under part 135 of
this chapter to comply with the training and qualification requirements
of this subpart instead of subparts E, G, and H of part 135 of this
chapter, except that these certificate holders may choose to comply
with the operating experience requirements of Sec. 135.344 of this
chapter, instead of the requirements of Sec. 121.434; and
(2) Permits training center personnel authorized under part 142 of
this chapter who meet the requirements of Secs. 121.411 and 121.413 to
provide training, testing and checking under contract or other
arrangement to those persons subject to the requirements of this
subpart.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
47. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.
48. Section 125.285 is amended by revising the introductory text of
paragraph (a) and the introductory text of paragraph (c) to read as
follows:
Sec. 125.285 Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person
serve, as a required pilot flight crewmember unless within the
preceding 90 calendar days that person has made at least three takeoffs
and landings in the type airplane in which that person is to serve. The
takeoffs and landings required by this paragraph may be performed in a
flight simulator if the flight simulator is qualified and approved by
the Administrator for such purpose. * * *
* * * * *
(c) A required pilot flight crewmember who performs the maneuvers
required by paragraph (b) of this section in a qualified and approved
flight simulator, as prescribed in paragraph (a) of this section,
must--
* * * * *
49. Section 125.296 is added to read as follows:
Sec. 125.296 Training, testing, and checking conducted by training
centers: Special rules.
A crewmember who has successfully completed training, testing, or
checking in accordance with an approved training program that meets the
requirements of this part and that is conducted in accordance with an
approved course conducted by a training center certificated under part
142 of this chapter, is considered to meet applicable requirements of
this part.
50. Section 125.297 is amended by revising the section heading and
paragraph (a) and (b) introductory text to read as follows:
Sec. 125.297 Approval of flight simulators and flight training
devices.
(a) Flight simulators and flight training devices approved by the
Administrator may be used in training, testing, and checking required
by this subpart.
(b) Each flight simulator and flight training device that is used
in training, testing, and checking required under this subpart must be
used in accordance with an approved training course conducted by a
training center certificated under part 142 of this chapter, or meet
the following requirements:
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
51. 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.
52. Section 135.291 is revised to read as follows:
Sec. 135.291 Applicability.
Except as provided in Sec. 135.3, this subpart--
(a) Prescribes the tests and checks required for pilot and flight
attendant crewmembers and for the approval of check pilots in
operations under this part; and
(b) Permits training center personnel authorized under part 142 of
this chapter who meet the requirements of Sec. 135.337 and Sec. 135.339
to provide training, testing, and checking under contract or other
arrangement to those persons subject to the requirements of this
subpart.
53. Section 135.321 is amended by revising paragraph (a) and by
adding paragraphs (b)(7) and (b)(8) to read as follows:
Sec. 135.321 Applicability and terms used.
(a) Except as provided in Sec. 135.3, this subpart prescribes the
requirements applicable to--
(1) A certificate holder under this part which contracts with, or
otherwise arranges to use the services of a training center
certificated under part 142 to perform training, testing, and checking
functions;
(2) Each certificate holder for establishing and maintaining an
approved training program for crewmembers, check airmen and
instructors, and other operations personnel employed or used by that
certificate holder; and
(3) Each certificate holder for the qualification, approval, and
use of aircraft simulators and flight training devices in the conduct
of the program.
(b) * * *
(7) Training center. An organization governed by the applicable
requirements of part 142 of this chapter that provides training,
testing, and checking under contract or other arrangement to
certificate holders subject to the requirements of this part.
(8) Requalification training. The training required for crewmembers
previously trained and qualified, but who have become unqualified due
to not having met within the required period the--
(i) Recurrent pilot testing requirements of Sec. 135.293;
[[Page 34562]]
(ii) Instrument proficiency check requirements of Sec. 135.297; or
(iii) Line checks required by Sec. 135.299.
54. Section 135.324 is added to read as follows:
Sec. 135.324 Training program: Special Rules.
(a) Other than the certificate holder, only another certificate
holder certificated under this part or a training center certificated
under part 142 of this chapter is eligible under this subpart to
provide training, testing, and checking under contract or other
arrangement to those persons subject to the requirements of this
subpart.
(b) A certificate holer may contract with, or otherwise arrange to
use the services of, a training center certificated under part 142 of
this chapter to provide training, testing, and checking required by
this part only if the training center--
(1) Holds applicable training specifications issued under part 142
of this chapter;
(2) Has facilities, training equipment, and courseware meeting the
applicable requirements of part 142 of this chapter;
(3) Has approved curriculums, curriculum segments, and portions of
curriculum segments applicable for use in training courses required by
this subpart; and
(4) Has sufficient instructor and check airmen qualified under the
applicable requirements of Secs. 135.337 or 135.339 to provide
training, testing, and checking to persons subject to the requirements
of this subpart.
PART 141--PILOT SCHOOLS
55. The authority citation for part 141 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
56. Section 141.26 is added to read as follows:
Sec. 141.26 Training agreements.
A training center certificated under part 142 of this chapter may
provide the training, testing, and checking for pilot schools
certificated under part 141 of this chapter and is considered to meet
the requirements of part 141 provided--
(a) There is a training agreement between the certificated training
center and the pilot school;
(b) The training, testing, and checking provided by the
certificated training center is approved and conducted under part 142;
(c) The pilot school certificated under part 141 obtains the
Administrator's approval for a training course outline that includes
the training, testing, and checking to be conducted under part 141 and
the training, testing, and checking to be conducted under part 142 of
this chapter; and
(d) Upon completion of the training, testing, and checking
conducted under part 142 of this chapter, a copy of each student's
training record is forwarded to the part 141 school and becomes part of
the student's permanent training record.
57. Part 142 is added to read as follows:
PART 142--TRAINING CENTERS
Subpart A--General
Sec. 142.1 Applicability.
Sec. 142.3 Definitions.
Sec. 142.5 Certificate and training specifications required.
Sec. 142.7 Duration of a certificate.
Sec. 142.9 Deviations or waivers.
Sec. 142.11 Application for issuance or amendment.
Sec. 142.13 Management and personnel requirements.
Sec. 142.15 Facilities.
Sec. 142.17 Satellite training centers.
Sec. 142.19 Foreign training centers: Special rules.
Sec. 142.21-142.25 [Reserved]
Sec. 142.27 Display of certificate.
Sec. 142.29 Inspections.
Sec. 142.31 Advertising limitations.
Sec. 142.33 Training agreements.
Subpart B--Aircrew Curriculum and Syllabus Requirements
Sec. 142.35 Applicability.
Sec. 142.37 Approval of flight aircrew training program.
Sec. 142.39 Training program curriculum requirements.
Subpart C--Personnel and Flight Training Equipment Requirements
Sec. 142.45 Applicability.
Sec. 142.47 Training center instructor eligibility requirements.
Sec. 142.49 Training center instructor and evaluator privileges and
limitations.
Sec. 142.51 [Reserved]
Sec. 142.53 Training center instructor training and testing
requirements.
Sec. 142.55 Training center evaluator requirements.
Sec. 142.57 Aircraft requirements.
Sec. 142.59 Flight simulators and flight training devices.
Subpart D--Operating Rules
Sec. 142.61 Applicability.
Sec. 142.63 Privileges.
Sec. 142.65 Limitations.
Subpart E--Recordkeeping
Sec. 142.71 Applicability.
Sec. 142.73 Recordkeeping requirements.
Subpart F--Other Approved Courses
Sec. 142.81 Conduct of other approved courses.
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45103, 45301-45302.
Subpart A-- General
Sec. 142.1 Applicability.
(a) This subpart prescribes the requirements governing the
certification and operation of aviation training centers. Except as
provided in paragraph (b) of this section, this part provides an
alternative means to accomplish training required by parts 61, 63, 121,
125, 127, 135, or 137 of this chapter.
(b) Certification under this part is not required for training that
is--
(1) Approved under the provisions of parts 63, 121, 125, 127, 135,
and 137;
(2) Approved under SFAR 58, Advanced Qualification Programs, for
the authorization holder's own employees;
(3) Conducted under part 61 unless that part requires certification
under this part;
(4) Conducted by a part 121 certificate holder for another part 121
certificate holder; or
(5) Conducted by a part 135 certificate holder for another part 135
certificate holder.
(c) Except as provided in paragraph (b) of this section, after
August 3, 1998, no person may conduct training, testing, or checking in
advanced flight training devices or flight simulators without, or in
violation of, the certificate and training specifications required by
this part.
Sec. 142.3 Definitions.
As used in this part:
Advanced Flight Training Device as used in this part, means a
flight training device as defined in part 61 of this chapter that has a
cockpit that accurately replicates a specific make, model, and type
aircraft cockpit, and handling characteristics that accurately model
the aircraft handling characteristics.
Core Curriculum means a set of courses approved by the
Administrator, for use by a training center and its satellite training
centers. The core curriculum consists of training which is required for
certification. It does not include training for tasks and circumstances
unique to a particular user.
Course means--
(1) A program of instruction to obtain pilot certification,
qualification, authorization, or currency;
(2) A program of instruction to meet a specified number of
requirements of a program for pilot training, certification,
qualification, authorization, or currency; or
(3) A curriculum, or curriculum segment, as defined in SFAR 58 of
part 121 of this chapter.
[[Page 34563]]
Courseware means instructional material developed for each course
or curriculum, including lesson plans, flight event descriptions,
computer software programs, audiovisual programs, workbooks, and
handouts.
Evaluator means a person employed by a training center certificate
holder who performs tests for certification, added ratings,
authorizations, and proficiency checks that are authorized by the
certificate holder's training specification, and who is authorized by
the Administrator to administer such checks and tests.
Flight training equipment means flight simulators, as defined in
Sec. 61.1(a) of this chapter, flight training devices, as defined in
Sec. 61.1(a) of this chapter, and aircraft.
Instructor means a person employed by a training center and
designated to provide instruction in accordance with subpart C of this
part.
Line-Operational Simulation means simulation conducted using
operational-oriented flight scenarios that accurately replicate
interaction among flightcrew members and between flightcrew members and
dispatch facilities, other crewmembers, air traffic control, and ground
operations. Line operational simulation simulations are conducted for
training and evaluation purposes and include random, abnormal, and
emergency occurrences. Line operational simulation specifically
includes line-oriented flight training, special purpose operational
training, and line operational evaluation.
Specialty Curriculum means a set of courses that is designed to
satisfy a requirement of the Federal Aviation Regulations and that is
approved by the Administrator for use by a particular training center
or satellite training center. The specialty curriculum includes
training requirements unique to one or more training center clients.
Training center means an organization governed by the applicable
requirements of this part that provides training, testing, and checking
under contract or other arrangement to airmen subject to the
requirements of this chapter.
Training program consists of courses, courseware, facilities,
flight training equipment, and personnel necessary to accomplish a
specific training objective. It may include a core curriculum and a
specialty curriculum.
Training specifications means a document issued to a training
center certificate holder by the Administrator that prescribes that
center's training, checking, and testing authorizations and
limitations, and specifies training program requirements.
Sec. 142.5 Certificate and training specifications required.
(a) No person may operate a certificated training center without,
or in violation of, a training center certificate and training
specifications issued under this part.
(b) An applicant will be issued a training center certificate and
training specifications with appropriate limitations if the applicant
shows that it has adequate facilities, equipment, personnel, and
courseware required by Sec. 142.11 to conduct training approved under
Sec. 142.37.
Sec. 142.7 Duration of a certificate.
(a) Except as provided in paragraph (b) of this section, a training
center certificate issued under this part is effective until the
certificate is surrendered or until the Administrator suspends,
revokes, or terminates it.
(b) Unless sooner surrendered, suspended, or revoked, a certificate
issued under this part for a training center located outside the United
States expires at the end of the twelfth month after the month in which
it is issued or renewed.
(c) If the Administrator suspends, revokes, or terminates a
training center certificate, the holder of that certificate shall
return the certificate to the Administrator within 5 working days after
being notified that the certificate is suspended, revoked, or
terminated.
Sec. 142.9 Deviations or waivers.
(a) The Administrator may issue deviations or waivers from any of
the requirements of this part.
(b) A training center applicant requesting a deviation or waiver
under this section must provide the Administrator with information
acceptable to the Administrator that shows--
(1) Justification for the deviation or waiver; and
(2) That the deviation or waiver will not adversely affect the
quality of instruction or evaluation.
Sec. 142.11 Application for issuance or amendment.
(a) An application for a training center certificate and training
specifications shall--
(1) Be made on a form and in a manner prescribed by the
Administrator;
(2) Be filed with the FAA Flight Standards District Office that has
jurisdiction over the area in which the applicant's principal business
office is located; and
(3) Be made at least 120 calendar days before the beginning of any
proposed training or 60 calendar days before effecting an amendment to
any approved training, unless a shorter filing period is approved by
the Administrator.
(b) Each application for a training center certificate and training
specification shall provide--
(1) A statement showing that the minimum qualification requirements
for each management position are met or exceeded;
(2) A statement acknowledging that the applicant shall notify the
Administrator within 10 working days of any change made in the
assignment of persons in the required management positions;
(3) The proposed training authorizations and training
specifications requested by the applicant;
(4) The proposed evaluation authorization;
(5) A description of the flight training equipment that the
applicant proposes to use;
(6) A description of the applicant's training facilities,
equipment, qualifications of personnel to be used, and proposed
evaluation plans;
(7) A training program curriculum, including syllabi, outlines,
courseware, procedures, and documentation to support the items required
in subpart B of this part, upon request by the Administrator;
(8) A description of a recordkeeping system that will identify and
document the details of training, qualification, and certification of
students, instructors, and evaluators;
(9) A description of quality control measures proposed; and
(10) A method of demonstrating the applicant's qualification and
ability to provide training for a certificate or rating in fewer than
the minimum hours prescribed in part 61 of this chapter if the
applicant proposes to do so.
(c) The facilities and equipment described in paragraph (b)(6) of
this section shall--
(1) Be available for inspection and evaluation prior to approval;
and
(2) Be in place and operational at the location of the proposed
training center prior to issuance of a certificate under this part.
(d) An applicant who meets the requirements of this part and is
approved by the Administrator is entitled to--
(1) A training center certificate containing all business names
included on the application under which the certificate holder may
conduct operations and the address of each business office used by the
certificate holder; and
[[Page 34564]]
(2) Training specifications, issued by the Administrator to the
certificate holder, containing--
(i) The type of training authorized, including approved courses;
(ii) The category, class, and type of aircraft that may be used for
training, testing, and checking;
(iii) For each flight simulator or flight training device, the
make, model, and series of airplane or the set of airplanes being
simulated and the qualification level assigned, or the make, model, and
series of rotorcraft, or set of rotorcraft being simulated and the
qualification level assigned;
(iv) For each flight simulator and flight training device subject
to qualification evaluation by the Administrator, the identification
number assigned by the FAA;
(v) The name and address of all satellite training centers, and the
approved courses offered at each satellite training center;
(vi) Authorized deviations or waivers from this part; and
(vii) Any other items the Administrator may require or allow.
(e) The Administrator may deny, suspend, revoke, or terminate a
certificate under this part if the Administrator finds that the
applicant or the certificate holder--
(1) Held a training center certificate that was revoked, suspended,
or terminated within the previous 5 years; or
(2) Employs or proposes to employ a person who--
(i) Was previously employed in a management or supervisory position
by the holder of a training center certificate that was revoked,
suspended, or terminated within the previous 5 years;
(ii) Exercised control over any certificate holder whose
certificate has been revoked, suspended, or terminated within the last
5 years; and
(iii) Contributed materially to the revocation, suspension, or
termination of that certificate and who will be employed in a
management or supervisory position, or who will be in control of or
have a substantial ownership interest in the training center.
(3) Has provided incomplete, inaccurate, fraudulent, or false
information for a training center certificate;
(4) Has violated any provision of Sec. 142.21; or
(5) Should not be granted a certificate if the grant would not
foster aviation safety.
(f) At any time, the Administrator may amend a training center
certificate--
(1) On the Administrator's own initiative, under section 609 of the
Federal Aviation Act of 1958 (49 U.S.C. 1429), as amended, and part 13
of this chapter; or
(2) Upon timely application by the certificate holder.
(g) The certificate holder must file an application to amend a
training center certificate at least 60 calendar days prior to the
applicant's proposed effective amendment date unless a different filing
period is approved by the Administrator.
Sec. 142.13 Management and personnel requirements.
An applicant for a training center certificate must show that--
(a) For each proposed curriculum, the training center has, and
shall maintain, a sufficient number of instructors who are qualified in
accordance with subpart C of this part to perform the duties to which
they are assigned;
(b) The training center has designated, and shall maintain, a
sufficient number of approved evaluators to provide required checks and
tests to graduation candidates within 7 calendar days of training
completion for any curriculum leading to airman certificates or
ratings, or both;
(c) The training center has, and shall maintain, a sufficient
number of management personnel who are qualified and competent to
perform required duties; and
(d) A management representative, and all personnel who are
designated by the training center to conduct direct student training,
are able to understand, read, write, and fluently speak the English
language.
Sec. 142.15 Facilities.
(a) An applicant for, or holder of, a training center certificate
shall ensure that--
(1) Each room, training booth, or other space used for
instructional purposes is heated, lighted, and ventilated to conform to
local building, sanitation, and health codes; and
(2) The facilities used for instruction are not routinely subject
to significant distractions caused by flight operations and maintenance
operations at the airport.
(b) An applicant for, or holder of, a training center certificate
shall establish and maintain a principal business office that is
physically located at the address shown on its training center
certificate.
(c) The records required to be maintained by this part must be
located in facilities adequate for that purpose.
(d) An applicant for, or holder of, a training center certificate
must have available exclusively, for adequate periods of time and at a
location approved by the Administrator, adequate flight training
equipment and courseware, including at least one flight simulator or
advanced flight training device.
(e) A training center certificate may be issued to an applicant
having a business office or training center located outside the United
States.
Sec. 142.17 Satellite training centers.
(a) The holder of a training center certificate may conduct
training in accordance with an approved training program at a satellite
training center located in the United States if--
(1) The facilities, equipment, personnel, and course content of the
satellite training center meet the applicable requirements of this
part;
(2) The instructors and evaluators at the satellite training center
are under the direct supervision of management personnel of the
principal training center;
(3) The Administrator is notified in writing that a particular
satellite is to begin operations at least 60 days prior to proposed
commencement of operations at the satellite training center; and
(4) The certificate holder's training specifications reflect the
name and address of the satellite training center and the approved
courses offered at the satellite training center.
(b) The certificate holder's training specifications shall
prescribe the operations required and authorized at each satellite
training center.
Sec. 142.19 Foreign training centers: Special rules.
(a) In the discretion of the Administrator, a training center
located outside the United States may be certificated by the
Administrator pursuant to this part.
(b) A training center located outside the United States may prepare
and recommend U.S. applicants for airman certificates and may prepare
and recommend applicants for authorizations, endorsements, and added
ratings to FAA-issued certificates, and may issue such certificates,
authorizations, endorsements, and added ratings to the extent
authorized and approved by the Administrator.
(c) In addition to the authority provided under paragraph (b) of
this section, a training center located outside the United States, when
authorized by the Administrator, may provide any training, testing, or
checking that is required to satisfy a requirement of 14 CFR chapter I.
[[Page 34565]]
Sec. 142.21-142.25 [Reserved]
Sec. 142.27 Display of certificate.
(a) Each holder of a training center certificate must prominently
display that certificate in a place accessible to the public in the
principal business office of the training center.
(b) A training center certificate and training specifications must
be made available for inspection upon request by--
(1) The Administrator;
(2) An authorized representative of the National Transportation
Safety Board; or
(3) Any Federal, State, or local law enforcement agency.
Sec. 142.29 Inspections.
Each certificate holder must allow the Administrator to inspect
training center facilities, equipment, and records at any reasonable
time and in any reasonable place in order to determine compliance with
or to determine initial or continuing eligibility under 49 U.S.C.
44701, 44707, formerly the Federal Aviation Act of 1958, as amended,
and the training center's certificate and training specifications.
Sec. 142.31 Advertising limitations.
(a) A certificate holder may not conduct, and may not advertise to
conduct, any training, testing, and checking that is not approved by
the Administrator if that training is designed to satisfy any
requirement of this chapter.
(b) A certificate holder whose certificate has been surrendered,
suspended, revoked, or terminated must--
(1) Promptly remove all indications, including signs, wherever
located, that the training center was certificated by the
Administrator; and
(2) Promptly notify all advertising agents, or advertising media,
or both, employed by the certificate holder to cease all advertising
indicating that the training center is certificated by the
Administrator.
Sec. 142.33 Training agreements.
A pilot school certificated under part 141 of this chapter may
provide training, testing, and checking for a training center
certificated under this part if--
(a) There is a training, testing, and checking agreement between
the certificated training center and the pilot school;
(b) The training, testing, and checking provided by the
certificated pilot school is approved and conducted in accordance with
this part;
(c) The pilot school certificated under part 141 obtains the
Administrator's approval for a training course outline that includes
the portion of the training, testing, and checking to be conducted
under part 141; and
(d) Upon completion of training, testing, and checking conducted
under part 141, a copy of each student's training record is forwarded
to the part 142 training center and becomes part of the student's
permanent training record.
Subpart B--Aircrew Curriculum and Syllabus Requirements
Sec. 142.35 Applicability.
This subpart prescribes the curriculum and syllabus requirements
for the issuance of a training center certificate and training
specifications for training, testing, and checking conducted to meet
the requirements of part 61 of this chapter.
Sec. 142.37 Approval of flight aircrew training program.
(a) Except as provided in paragraph (b) of this section, each
applicant for, or holder of, a training center certificate must apply
to the Administrator for training program approval.
(b) A curriculum approved under SFAR 58 of part 121 of this chapter
is approved under this part without modifications.
(c) Application for training program approval shall be made in a
form and in a manner acceptable to the Administrator.
(d) Each application for training program approval must indicate--
(1) Which courses are part of the core curriculum and which courses
are part of the specialty curriculum;
(2) Which requirements of part 61 of this chapter would be
satisfied by the curriculum or curriculums; and
(3) Which requirements of part 61 of this chapter would not be
satisfied by the curriculum or curriculums.
(e) If, after a certificate holder begins operations under an
approved training program, the Administrator finds that the certificate
holder is not meeting the provisions of its approved training program,
the Administrator may require the certificate holder to make revisions
to that training program.
(f) If the Administrator requires a certificate holder to make
revisions to an approved training program and the certificate holder
does not make those required revisions, within 30 calendar days, the
Administrator may suspend, revoke, or terminate the training center
certificate under the provisions of Sec. 142.11(e).
Sec. 142.39 Training program curriculum requirements.
Each training program curriculum submitted to the Administrator for
approval must meet the applicable requirements of this part and must
contain--
(a) A syllabus for each proposed curriculum;
(b) Minimum aircraft and flight training equipment requirements for
each proposed curriculum;
(c) Minimum instructor and evaluator qualifications for each
proposed curriculum;
(d) A curriculum for initial training and continuing training of
each instructor or evaluator employed to instruct in a proposed
curriculum; and
(e) For each curriculum that provides for the issuance of a
certificate or rating in fewer than the minimum hours prescribed by
part 61 of this chapter--
(1) A means of demonstrating the ability to accomplish such
training in the reduced number of hours; and
(2) A means of tracking student performance.
Subpart C--Personnel and Flight Training Equipment Requirements
Sec. 142.45 Applicability.
This subpart prescribes the personnel and flight training equipment
requirements for a certificate holder that is training to meet the
requirements of part 61 of this chapter.
Sec. 142.47 Training center instructor eligibility requirements.
(a) A certificate holder may not employ a person as an instructor
in a flight training course that is subject to approval by the
Administrator unless that person--
(1) Is at least 18 years of age;
(2) Is able to read, write, and speak and understand in the English
language;
(3) If instructing in an aircraft in flight, is qualified in
accordance with subpart G of part 61 of this chapter;
(4) Satisfies the requirements of paragraph (c) of this section;
and
(5) Meets at least one of the following requirements--
(i) Except as allowed by paragraph (a)(5)(ii) of this section,
meets the aeronautical experience requirements of Sec. 61.129 or
Sec. 61.131 of this chapter, as applicable, excluding the required
hours of instruction in preparation for the commercial pilot practical
test;
(ii) If instructing in a flight simulator or flight training device
that represents an airplane requiring a type rating or if instructing
in a curriculum leading to the issuance of an airline transport pilot
certificate or an added rating to an
[[Page 34566]]
airline transport pilot certificate, meets the aeronautical experience
requirements of Sec. 61.155 or Sec. 61.161 of this chapter, as
applicable; or
(iii) Is employed as a flight simulator instructor or a flight
training device instructor for a training center providing instruction
and testing to meet the requirements of part 61 of this chapter on
August 1, 1996.
(b) A training center must designate each instructor in writing to
instruct in each approved course, prior to that person functioning as
an instructor in that course.
(c) Prior to initial designation, each instructor shall:
(1) Complete at least 8 hours of ground training on the following
subject matter:
(i) Instruction methods and techniques.
(ii) Training policies and procedures.
(iii) The fundamental principles of the learning process.
(iv) Instructor duties, privileges, responsibilities, and
limitations.
(v) Proper operation of simulation controls and systems.
(vi) Proper operation of environmental control and warning or
caution panels.
(vii) Limitations of simulation.
(viii) Minimum equipment requirements for each curriculum.
(ix) Revisions to the training courses.
(x) Cockpit resource management and crew coordination.
(2) Satisfactorily complete a written test--
(i) On the subjects specified in paragraph (c)(1) of this section;
and
(ii) That is accepted by the Administrator as being of equivalent
difficulty, complexity, and scope as the tests provided by the
Administrator for the flight instructor airplane and instrument flight
instructor knowledge tests.
Sec. 142.49 Training center instructor and evaluator privileges and
limitations.
(a) A certificate holder may allow an instructor to provide:
(1) Instruction for each curriculum for which that instructor is
qualified.
(2) Testing and checking for which that instructor is qualified.
(3) Instruction, testing, and checking intended to satisfy the
requirements of any part of this chapter.
(b) A training center whose instructor or evaluator is designated
in accordance with the requirements of this subpart to conduct
training, testing, or checking in qualified and approved flight
training equipment, may allow its instructor or evaluator to give
endorsements required by part 61 of this chapter if that instructor or
evaluator is authorized by the Administrator to instruct or evaluate in
a part 142 curriculum that requires such endorsements.
(c) A training center may not allow an instructor to--
(1) Excluding briefings and debriefings, conduct more than 8 hours
of instruction in any 24-consecutive-hour period;
(2) Provide flight training equipment instruction unless that
instructor meets the requirements of Sec. 142.53 (a)(1) through (a)(4),
and Sec. 142.53(b), as applicable; or
(3) Provide flight instruction in an aircraft unless that
instructor--
(i) Meets the requirements of Sec. 142.53(a)(1), (a)(2), and
(a)(5);
(ii) Is qualified and authorized in accordance with subpart G of
part 61 of this chapter;
(iii) Holds certificates and ratings specified by part 61 of this
chapter appropriate to the category, class, and type aircraft in which
instructing;
(iv) If instructing or evaluating in an aircraft in flight while
occupying a required crewmember seat, holds at least a valid second
class medical certificate; and
(v) Meets the recency of experience requirements of part 61 of this
chapter.
Sec. 142.51 [Reserved]
Sec. 142.53 Training center instructor training and testing
requirements.
(a) Except as provided in paragraph (c) of this section, prior to
designation and every 12 calendar months beginning the first day of the
month following an instructor's initial designation, a certificate
holder must ensure that each of its instructors meets the following
requirements:
(1) Each instructor must satisfactorily demonstrate to an
authorized evaluator knowledge of, and proficiency in, instructing in a
representative segment of each curriculum for which that instructor is
designated to instruct under this part.
(2) Each instructor must satisfactorily complete an approved course
of ground instruction in at least--
(i) The fundamental principles of the learning process;
(ii) Elements of effective teaching, instruction methods, and
techniques;
(iii) Instructor duties, privileges, responsibilities, and
limitations;
(iv) Training policies and procedures;
(v) Cockpit resource management and crew coordination; and
(vi) Evaluation.
(3) Each instructor who instructs in a qualified and approved
flight simulator or flight training device must satisfactorily complete
an approved course of training in the operation of the flight
simulator, and an approved course of ground instruction, applicable to
the training courses the instructor is designated to instruct.
(4) The flight simulator training course required by paragraph
(a)(3) of this section which must include--
(i) Proper operation of flight simulator and flight training device
controls and systems;
(ii) Proper operation of environmental and fault panels;
(iii) Limitations of simulation; and
(iv) Minimum equipment requirements for each curriculum.
(5) Each flight instructor who provides training in an aircraft
must satisfactorily complete an approved course of ground instruction
and flight training in an aircraft, flight simulator, or flight
training device.
(6) The approved course of ground instruction and flight training
required by paragraph (a)(5) of this section which must include
instruction in--
(i) Performance and analysis of flight training procedures and
maneuvers applicable to the training courses that the instructor is
designated to instruct;
(ii) Technical subjects covering aircraft subsystems and operating
rules applicable to the training courses that the instructor is
designated to instruct;
(iii) Emergency operations;
(iv) Emergency situations likely to develop during training; and
(v) Appropriate safety measures.
(7) Each instructor who instructs in qualified and approved flight
training equipment must pass a written test and annual proficiency
check--
(i) In the flight training equipment in which the instructor will
be instructing; and
(ii) On the subject matter and maneuvers which the instructor will
be instructing.
(b) In addition to the requirements of paragraphs (a)(1) through
(a)(7) of this section, each certificate holder must ensure that each
instructor who instructs in a flight simulator that the Administrator
has approved for all training and all testing for the airline transport
pilot certification test, aircraft type rating test, or both, has met
at least one of the following three requirements:
(1) Each instructor must have performed 2 hours in flight,
including three takeoffs and three landings as the sole manipulator of
the controls of an aircraft of the same category and class, and, if a
type rating is required, of the same type replicated by the approved
flight simulator in which that instructor is designated to instruct;
(2) Each instructor must have participated in an approved line-
[[Page 34567]]
observation program under part 121 or part 135 of this chapter, and
that--
(i) Was accomplished in the same airplane type as the airplane
represented by the flight simulator in which that instructor is
designated to instruct; and
(ii) Included line-oriented flight training of at least 1 hour of
flight during which the instructor was the sole manipulator of the
controls in a flight simulator that replicated the same type aircraft
for which that instructor is designated to instruct; or
(3) Each instructor must have participated in an approved in-flight
observation training course that--
(i) Consisted of at least 2 hours of flight time in an airplane of
the same type as the airplane replicated by the flight simulator in
which the instructor is designated to instruct; and
(ii) Included line-oriented flight training of at least 1 hour of
flight during which the instructor was the sole manipulator of the
controls in a flight simulator that replicated the same type aircraft
for which that instructor is designated to instruct.
(c) An instructor who satisfactorily completes a curriculum
required by paragraph (a) or (b) of this section in the calendar month
before or after the month in which it is due is considered to have
taken it in the month in which it was due for the purpose of computing
when the next training is due.
(d) The Administrator may give credit for the requirements of
paragraph (a) or (b) of this section to an instructor who has
satisfactorily completed an instructor training course for a part 121
or part 135 certificate holder if the Administrator finds such a course
equivalent to the requirements of paragraph (a) or (b) of this section.
Sec. 142.55 Training center evaluator requirements.
(a) Except as provided by paragraph (d) of this section, a training
center must ensure that each person authorized as an evaluator--
(1) Is approved by the Administrator;
(2) Is in compliance with Secs. 142.47, 142.49, and 142.53 and
applicable sections of part 187 of this chapter; and
(3) Prior to designation, and except as provided in paragraph (b)
of this section, every 12-calendar-month period following initial
designation, the certificate holder must ensure that the evaluator
satisfactorily completes a curriculum that includes the following:
(i) Evaluator duties, functions, and responsibilities;
(ii) Methods, procedures, and techniques for conducting required
tests and checks;
(iii) Evaluation of pilot performance; and
(iv) Management of unsatisfactory tests and subsequent corrective
action; and
(4) If evaluating in qualified and approved flight training
equipment must satisfactorily pass a written test and annual
proficiency check in a flight simulator or aircraft in which the
evaluator will be evaluating.
(b) An evaluator who satisfactorily completes a curriculum required
by paragraph (a) of this section in the calendar month before or the
calendar month after the month in which it is due is considered to have
taken it in the month is which it was due for the purpose of computing
when the next training is due.
(c) The Administrator may give credit for the requirements of
paragraph (a)(3) of this section to an evaluator who has satisfactorily
completed an evaluator training course for a part 121 or part 135
certificate holder if the Administrator finds such a course equivalent
to the requirements of paragraph (a)(3) of this section.
(d) An evaluator who is qualified under SFAR 58 shall be authorized
to conduct evaluations under the Advanced Qualification Program without
complying with the requirements of this section.
Sec. 142.57 Aircraft requirements.
(a) An applicant for, or holder of, a training center certificate
must ensure that each aircraft used for flight instruction and solo
flights meets the following requirements:
(1) Except for flight instruction and solo flights in a curriculum
for agricultural aircraft operations, external load operations, and
similar aerial work operations, the aircraft must have an FAA standard
airworthiness certificate or a foreign equivalent of an FAA standard
airworthiness certificate, acceptable to the Administrator.
(2) The aircraft must be maintained and inspected in accordance
with--
(i) The requirements of part 91, subpart E, of this chapter; and
(ii) An approved program for maintenance and inspection.
(3) The aircraft must be equipped as provided in the training
specifications for the approved course for which it is used.
(b) Except as provided in paragraph (c) of this section, an
applicant for, or holder of, a training center certificate must ensure
that each aircraft used for flight instruction is at least a two-place
aircraft with engine power controls and flight controls that are easily
reached and that operate in a conventional manner from both pilot
stations.
(c) Airplanes with controls such as nose-wheel steering, switches,
fuel selectors, and engine air flow controls that are not easily
reached and operated in a conventional manner by both pilots may be
used for flight instruction if the certificate holder determines that
the flight instruction can be conducted in a safe manner considering
the location of controls and their nonconventional operation, or both.
Sec. 142.59 Flight simulators and flight training devices.
(a) An applicant for, or holder of, a training center certificate
must show that each flight simulator and flight training device used
for training, testing, and checking (except AQP) will be or is
specifically qualified and approved by the Administrator for--
(1) Each maneuver and procedure for the make, model, and series of
aircraft, set of aircraft, or aircraft type simulated, as applicable;
and
(2) Each curriculum or training course in which the flight
simulator or flight training device is used, if that curriculum or
course is used to satisfy any requirement of 14 CFR chapter I.
(b) The approval required by paragraph (a)(2) of this section must
include--
(1) The set of aircraft, or type aircraft;
(2) If applicable, the particular variation within type, for which
the training, testing, or checking is being conducted; and
(3) The particular maneuver, procedure, or crewmember function to
be performed.
(c) Each qualified and approved flight simulator or flight training
device used by a training center must--
(1) Be maintained to ensure the reliability of the performances,
functions, and all other characteristics that were required for
qualification;
(2) Be modified to conform with any modification to the aircraft
being simulated if the modification results in changes to performance,
function, or other characteristics required for qualification;
(3) Be given a functional preflight check each day before being
used; and
(4) Have a discrepancy log in which the instructor or evaluator, at
the end of each training session, enters each discrepancy.
(d) Unless otherwise authorized by the Administrator, each
component on a qualified and approved flight simulator or flight
training device used by a training center must be operative if the
component is essential to, or involved in, the training, testing, or
checking of airmen.
[[Page 34568]]
(e) Training centers shall not be restricted to specific--
(1) Route segments during line-oriented flight training scenarios;
and
(2) Visual data bases replicating a specific customer's bases of
operation.
(f) Training centers may request evaluation, qualification, and
continuing evaluation for qualification of flight simulators and flight
training devices without--
(1) Holding an air carrier certificate; or
(2) Having a specific relationship to an air carrier certificate
holder.
Subpart D--Operating Rules
Sec. 142.61 Applicability.
This subpart prescribes the operating rules applicable to a
training center certificated under this part and operating a course or
training program curriculum approved in accordance with subpart B of
this part.
Sec. 142.63 Privileges.
A certificate holder may allow flight simulator instructors and
evaluators to meet recency of experience requirements through the use
of a qualified and approved flight simulator or qualified and approved
flight training device if that flight simulator or flight training
device is--
(a) Used in a course approved in accordance with subpart B of this
part; or
(b) Approved under the Advanced Qualification Program for meeting
recency of experience requirements.
Sec. 142.65 Limitations.
(a) A certificate holder shall--
(1) Ensure that a flight simulator or flight training device
freeze, slow motion, or repositioning feature is not used during
testing or checking; and
(2) Ensure that a repositioning feature is used during line
operational simulation for evaluation and line-oriented flight training
only to advance along a flight route to the point where the descent and
approach phase of the flight begins.
(b) When flight testing, flight checking, or line operational
simulation is being conducted, the certificate holder must ensure that
one of the following occupies each crewmember position:
(1) A crewmember qualified in the aircraft category, class, and
type, if a type rating is required, provided that no flight instructor
who is giving instruction may occupy a crewmember position.
(2) A student, provided that no student may be used in a crewmember
position with any other student not in the same specific course.
(c) The holder of a training center certificate may not recommend a
trainee for a certificate or rating, unless the trainee--
(1) Has satisfactorily completed the training specified in the
course approved under Sec. 142.37; and
(2) Has passed the final tests required by Sec. 142.37.
(d) The holder of a training center certificate may not graduate a
student from a course unless the student has satisfactorily completed
the curriculum requirements of that course.
Subpart E--Recordkeeping
Sec. 142.71 Applicability.
This subpart prescribes the training center recordkeeping
requirements for trainees enrolled in a course, and instructors and
evaluators designated to instruct a course, approved in accordance with
subpart B of this part.
Sec. 142.73 Recordkeeping requirements.
(a) A certificate holder must maintain a record for each trainee
that contains--
(1) The name of the trainee;
(2) A copy of the trainee's pilot certificate, if any, and medical
certificate;
(3) The name of the course and the make and model of flight
training equipment used;
(4) The trainee's prerequisite experience and course time
completed;
(5) The trainee's performance on each lesson and the name of the
instructor providing instruction;
(6) The date and result of each end-of-course practical test and
the name of the evaluator conducting the test; and
(7) The number of hours of additional training that was
accomplished after any unsatisfactory practical test.
(b) A certificate holder shall maintain a record for each
instructor or evaluator designated to instruct a course approved in
accordance with subpart B of this part that indicates that the
instructor or evaluator has complied with the requirements of
Secs. 142.13, 142.45, 142.47, 142.49, and 142.53, as applicable.
(c) The certificate holder shall--
(1) Maintain the records required by paragraphs (a) of this section
for at least 1 year following the completion of training, testing or
checking;
(2) Maintain the qualification records required by paragraph (b) of
this section while the instructor or evaluator is in the employ of the
certificate holder and for 1 year thereafter; and
(3) Maintain the recurrent demonstration of proficiency records
required by paragraph (b) of this section for at least 1 year.
(d) The certificate holder must provide the records required by
this section to the Administrator, upon request and at a reasonable
time, and shall keep the records required by--
(1) Paragraph (a) of this section at the training center, or
satellite training center where the training, testing, or checking, if
appropriate, occurred; and
(2) Paragraph (b) of this section at the training center or
satellite training center where the instructor or evaluator is
primarily employed.
(e) The certificate holder shall provide to a trainee, upon request
and at a reasonable time, a copy of his or her training records.
Subpart F--Other Approved Courses
Sec. 142.81 Conduct of other approved courses.
(a) An applicant for, or holder of, a training center certificate
may apply for approval to conduct a course for which a curriculum is
not prescribed by this part.
(b) The course for which application is made under paragraph (a) of
this section may be for flight crewmembers other than pilots, airmen
other than flight crewmembers, material handlers, ground servicing
personnel, and security personnel, and others approved by the
Administrator.
(c) An applicant for course approval under this subpart must comply
with the applicable requirements of subpart A through subpart F of this
part.
(d) The Administrator approves the course for which the application
is made if the training center or training center applicant shows that
the course contains a curriculum that will achieve a level of
competency equal to, or greater than, that required by the appropriate
part of this chapter.
Issued in Washington, DC, on May 23, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-16432 Filed 7-1-96; 8:45 am]
BILLING CODE 4910-13-P
