[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65940-65950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30449]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121 and 135
[Docket No. 27993; Amdt No. 121-250, 135-57]
RIN 2120-AC79
Air Carrier and Commercial Operator Training Programs
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This document amends the training and qualification
requirements for certain air carriers and commercial operators by
requiring certain certificate holders operating under part 135, and
permitting certain others, to comply with part 121 training, checking,
and qualification requirements, and mandating Crew Resource Management
(CRM) training requirements for part 121 and 135 operators. The FAA is
amending these rules in order to make certain part 135 training
requirements as comprehensive as part 121 requirements and to
incorporate recent knowledge about human performance factors. The rule
also allows certain part 135 certificate holders to take advantage of
sophisticated aircraft simulator training technologies presently
available to part 121 certificate holders. By increasing the training
and qualification requirements for certain operators, the rule is
intended to reduce the risk of accidents and incidents. By mandating
CRM training for certificate holders required to comply with part 121
training requirements, the rule is also intended to reduce the number
of accidents and incidents that could be attributed to a lack of crew
communication and coordination.
EFFECTIVE DATE: March 19, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Larry Youngblut, Project Development Branch (AFS-240), Air
Transportation Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW, Washington, DC 20591;
telephone (202) 267-8096.
SUPPLEMENTARY INFORMATION:
Availability of the Rule
Any person may obtain a copy of this rule by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center (APA-230), 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Requests must
identify the amendment number and title of this rule.
Background
Parts 121 and 135 of Title 14 of the code of Federal Regulations
contain rules that specify training program requirements for air
carriers and certain commercial operators. Those rules specify the
qualification requirements of crewmembers, flight and simulator
instructors, check airmen, aircraft dispatchers, and other operations
personnel. The most detailed and rigorous training and qualification
requirements are those contained in subparts N and O of part 121.
Although subparts N and O have been amended a number of times in recent
years, most of the amendments concern the use of simulators, training
devices, or specific training requirements such as security and the
transportation of hazardous materials. No comprehensive changes have
been made to these subparts since December 1969.
The FAA's most immediate concerns regarding the training and
qualification regulations in part 121 and part 135 are twofold. First,
compared to part 121 training regulations, part 135 training
regulations do not provide a balanced mix of training and checking.
Part 121 training and qualification regulations require both recurrent
training as well as recurrent flight checks. Although part 135 requires
flight training, flight checks can be repeatedly substituted for
required training. Second, current parts 121 and 135 training
regulations do not incorporate recent knowledge about the significance
of human performance factors (e.g., communication, decision-making,
leadership, management), generally referred to as crew resource
management (CRM), in safe flight operations.
In December, 1986, in response to a safety recommendation from the
national Transportation Safety Board (NTSB), the FAA specifically
addressed the human factors training issue by initiating an aviation
behavioral technology program. This ongoing program consists of
projects that, among other things, increase the use of line operational
simulations (LOS) i.e. simulator training using a typical operational
passenger flight scenario, in a controlled training environment
designed to improve cockpit/cabin communication and coordination
skills, and pilot decision-making skills.
In June, 1988, the NTSB issued safety recommendation A-88-71
concerning CRM training, as a result of a Northwest Airlines crash on
August 16, 1987, in which 148 passengers, 6 crewmembers, and 2 people
on the ground were killed. The NTSB noted that both pilots had received
training only as individuals and not as an integral part of the cockpit
crew during their last simulator training and proficiency checks. The
last CRM training they had each received was 3.5 hours of ground school
of general CRM training in 1983. The NTSB implied that the accident
might have been prevented had the flight crew received adequate CRM
training.
After soliciting ideas from other government agencies and from the
aviation community, the FAA published a proposed Special Federal
Aviation Regulation (SFAR) and an accompanying draft advisory circular
(AC) in the Federal Register (54 FR 7670, February 22, 1989). These
documents proposed a voluntary, alternative method of complying with
the training requirements in current regulations. The voluntary
alternative training is called an ``advanced qualification program''
(AQP). After considering comments received, the FAA issued a final SFAR
58, Advanced Qualification Program, and an accompanying Advisory
Circular 120-54 (55 FR 40262, October 2, 1990). This voluntary program
applies to certificate holders operating under part 121 or part 135
that elect the alternative requirements of AQP. The alternative
requirement includes CRM training and evaluation, increased use of LOS,
use of training centers, and the evaluation of flight training devices
and flight simulators.
[[Page 65941]]
To date, the larger and more sophisticated air carriers have taken
advantage of the voluntary program. The FAA expects this to be the case
for the foreseeable future. However, the FAA recognizes that some
operators, particularly smaller operators, may elect not to participate
in the voluntary AQP program and will instead comply with current
training requirements in parts 121 and 135; therefore, the FAA is
amending the current training requirements of parts 121 and 135 to
address the most immediate concerns regarding improved aircrew training
and qualification standards. In particular, all certificate holders
operating under part 121, and those certificate holders operating under
part 135 who are authorized or required under this final rule to follow
part 121 training and qualification requirements, are now also required
by this rule to include CRM in their training programs.
Another recommendation from the National Transportation Safety
Board (NTSB) was that commuter air carriers conducting operations under
part 135 with airplanes that require two pilot crewmembers should also
be required to comply with the training, checking, and qualification
requirements of part 121.
Many regional air carriers operate under both a part 121 and a part
135 certificate because of the type of airplanes they fly. The FAA has
encouraged these regional air carriers to train and qualify their
pilots under part 121 rather than maintaining two separate training
programs. Several of these air carriers have voluntarily required their
pilots to be trained, checked, and qualified under part 121 or its
equivalent.
The Rule
General Applicability
The amendments to part 121 apply to all certificate holders
operating under part 121 and to all certificate holders operating under
part 135 that are required to comply with the part 121 training and
qualification requirements. The requirements also apply to certain part
135 certificate holders if they request and receive FAA authorization
to comply with the part 121 training and qualification requirements.
Commuter Operations Conducted Under Part 135
Part 135 commuter operations serving small and medium sized
communities carry millions of passengers every year. The Regional
Airline Association (RAA), whose membership consists primarily of
commuter air carriers, estimates that more than 61 million passengers
will be carried by RAA member airlines in 1997. Comprehensive training
requirements, including CRM training, are important to the safety of
these operations. Part 121 training benefits these operations because
it provides more emphasis on training, whereas current part 135 rules
rely more heavily on the testing and checking requirements set forth in
subparts G and H of part 135. Part 121 also allows greater use of
simulators which results in two benefits:
(1) Under Sec. 121.407(c), simulator training can be substituted
for repetitive proficiency checks (Sec. 121.441) and certain recency
requirements (Sec. 121.439). This allows for greater flexibility and a
more effective mix of training and checking activities.
(2) Simulator training may include hazardous scenarios that would
be imprudent to include in inflight training. Thus simulator training
increases pilot proficiency in dealing with such situations.
Because subparts N and O emphasize both periodic simulator training
and checking programs rather than the continuous checking and testing
emphasis of subparts E, G, and H of part 135, this final rule requires
the following certificate holders conducting commuter operations under
part 135 to comply with the training, checking, and qualification
requirements of part 121, subparts N and O, in place of the
requirements of subparts E, G, and H of part 135: (1) Those that
conduct commuter operations with airplanes for which two pilots are
required by aircraft type certification rules, and (2) those that
conduct commuter operations with airplanes having a passenger seating
configuration, excluding any pilot seat, of 10 seats or more.
This final rule also allows the Administrator to authorize any
other certificate holders that conduct operations under part 135 to
comply with the training, checking, and qualification requirements of
subparts N and O part 121. However, because of the size and complexity
of the airplanes and the number and length of the flights conducted by
these certificate holders, the FAA will permit these certificate
holders to comply lower number of hours of operating experience under
part 135 rather than those hours specified in Sec. 121.434.
Each part 135 certificate holder that will comply with part 121
training requirements is required to submit and obtain FAA approval of
a transition plan for converting from part 135 to the part 121 training
and checking requirements. In that plan, the certificate holder should
address issues such as: (1) Whether currently employed crewmembers need
additional training to meet minimum part 121 training and qualification
requirements; and (2) how the certificate holder's training curriculum
will be modified, if necessary, to meet part 121 requirements.
Under Sec. 121.405(g), as revised herein, a certificate holder may
request a reduction in the programmed hours of ground training from the
minimum hours required under present Sec. 121.419. A reduction may be
warranted in cases where a certificate holder shows that the airplanes
it operates under part 135 are less complex than those generally
operated under part 121. For this reason, certain part 135 certificate
holders may have to modify their training program.
Crew Resource Management (CRM) Training
A major objective of this rule is to require all certificate
holders operating under part 121 and those part 135 certificate holders
who must comply with subparts N and O of part 121 as a result of this
final rule to provide CRM training.
CRM training teaches crewmembers and aircraft dispatchers to use
effectively all resources available to the crew (e.g. hardware,
software, and all persons involved in aircraft operation) to achieve
safe and efficient flight operations. Sections 121.404, 121.419(a)(1),
121.421(a)(1), 121.422(a)(1), and 121.427(b)(4) provide for the
approval of CRM training and require CRM to be incorporated into ground
training for flight crewmembers and aircraft dispatchers. Also, as part
of this amendment, part 135 certificate holders who conduct training
under part 121 must provide CRM training as part of their approved
training programs.
The FAA anticipates that for a CRM training program to be approved,
it would include three distinct components: (1) An indoctrination/
awareness component, often called ``initial CRM training,'' during
which CRM issues are defined and discussed; (2) a recurrent practice
and feedback component during which trainees gain experience with CRM
techniques; and (3) a continuing reinforcement component which ensures
that CRM principles are addressed throughout the trainee's employment
with the certificate holder. Advisory Circular (AC) 120-51B, as
amended, ``Crew Resource Management Training,'' and AC 121-32,
``Dispatch Resource Management'' provide basic guidance in establishing
approved CRM training. (In this amendment, the term ``CRM'' includes
both crew resource
[[Page 65942]]
management and dispatcher resource management.) DOT/FAA/RD-92-26,
``Crew Resource Management: An Introductory Handbook,'' goes into
further detail.
Section 121.404 includes initial CRM training for persons already
employed by the certificate holder, and for new employees of the
certificate holder, unless a new employee has completed the applicable
initial CRM training from another certificate holder. The FAA
anticipates that this component will be very similar for all
certificate holders.
CRM initial indoctrination/awareness training is a curriculum
segment with a variety of instructional methods, which can include
lectures, discussions, films, practice in an operational setting or a
line operational simulation (LOS) session, and feedback with a
facilitator. CRM initial indoctrination/awareness training must be
provided to all crewmembers and aircraft dispatchers; this training is
in addition to existing training. Under Sec. 121.406, the FAA may
credit some crew resource management or dispatcher resource management
(CRM/DRM) training received before the compliance date in the rule.
Some operators have been providing CRM/DRM training under AQP or under
voluntary programs. In appropriate circumstances, the FAA may credit
part or all of such training toward the initial ground CRM/DRM training
which is required by Secs. 121.419, 121.421, and 121.422.
The recurrent practice and feedback component of CRM training is
best accomplished through the use of simulators and video equipment.
However, if the use of simulators is not practical, CRM scenarios can
be created without simulators, and practice can be tape recorded to
provide feedback. Feedback should be directed by a facilitator who has
had appropriate CRM training. Practice and feedback provide
participants with critiques by one's self and peers to improve
communication, decision-making, and leadership skills.
Numerous comments concerning requiring minimum program hours for
CRM training were submitted. Regarding these comments, the FAA has
determined that specifying a minimum number of programmed hours for CRM
training is not required. Rather, the FAA will consider instructional
techniques, number of students in a class, the use of simulation, new
training technology, the use of student feedback, the measurement of
training outcomes, as well as the number of hours of training time in
evaluating and approving CRM training programs.
Many certificate holders already have approved CRM programs that
are highly effective. The number of hours in these programs vary,
however, the FAA's experience with these highly successful CRM training
programs indicates that the most effective programs contain
approximately 12 hours for pilot initial CRM training and 8 hours for
flight attendant initial CRM training. Recurrent training under these
established programs contain approximately 4 hours for pilots and
flight engineers and 2 hours for flight attendants and aircraft
dispatchers. In this final rule, the increase in minimum programmed
hours for initial and recurrent training as proposed in Notice 94-35
(59 FR 64272, December 13, 1994) has been removed. The FAA will
consider each certificate holder's CRM training program based on the
program's ability to reach the training objectives rather than
requiring minimum programmed hours for this training.
Editorial Clarification
The change to Sec. 121.135(b)(15) makes it clear that the
certificate holder's manual must include the entire training program
curriculum required under Sec. 121.403, not just the program affecting
airmen.
Effective Date and Compliance Dates
The FAA has established an effective date of March 19, 1996. By
that date, certificate holders operating under part 135 who are
required to comply with applicable part 121 training and qualification
requirements, must submit the transition plan required under
Sec. 135.3. The compliance date for training and qualifying under part
121 rules is 1 year after the effective date of the final rule.
For initial CRM training, the FAA has established a compliance date
2 years after the effective date of the final rule for flight
crewmembers, and 3 years after the effective date of the final rule for
flight attendants and aircraft dispatchers. After the applicable date,
a certificate holder is prohibited from using a crewmember or
dispatcher unless that person has completed approved crew or dispatcher
resource management initial training. Since a large number of
certificate holder employees are required to have this training, the
delayed compliance dates will allow sufficient time to train
instructors conducting CRM training, and then, in turn, provide this
training to all crewmembers and dispatchers.
Consideration of Comments to the NPRM
On December 13, 1994, the FAA proposed these changes in a Notice of
Proposed Rulemaking 94-35 (59 FR 64272). Seventeen comments were
received. The following is a discussion and the FAA's response to the
substantive subject areas.
Improvements in Safety
Comment: The National Transportation Safety Board (NTSB) strongly
supports this proposal. The Board believes that the proposal is
responsive to a number of their safety recommendations regarding
previously noted shortcomings in the human factors aspects of
flightcrew performance. It specifically cites and supports the greater
use of flight simulators, and actions taken to improve pilot operating
experience in scheduled air carriers. The Board believes that the
adoption of this proposal will contribute significantly toward
improving the level of safety in commuter airline operations as well as
major air carriers.
FAA Response: The FAA welcomes the comments of the NTSB, and has
given them due consideration in the development of this final rule.
Crew Resource Management Training Program Content
Comments: A number of commenters address the proposed requirement
to add a specific number of training hours to be devoted specifically
to CRM training.
USAIR Express comments that it supports the addition of CRM, but
the hours stated in the regulation should be planned hours rather than
programmed hours, indicating that this would provide more flexibility
depending on class size. Also, all the training should be proficiency
based. Pilot initial training should be 8 hours; 6 hours for flight
attendants and dispatchers.
An individual commenter states that he supports the addition of CRM
training to the training curriculum and recommends a requirement for at
least 5 hours of full motion simulator CRM training for both initial
and recurrent training, in addition to 24 classroom hours of initial
training. Recurrent CRM training should be conducted annually and
include 16 classroom hours.
The Air Line Pilots' Association (ALPA) recommends that the
programmed times stated in the NPRM should be considered minimums on
which to build a comprehensive CRM training program.
The Coalition of Flight Attendant Unions provides a joint comment
for a
[[Page 65943]]
number of flight attendant associations and concurs with the
requirement of 8 hours for initial flight attendant training, but
recommends an additional 2 hours be added to recurrent training,
raising the requirement from 12 to 14 hours.
The Air Transport Association recommends that the FAA use a ``train
to proficiency'' concept rather than specifying a certain number of
hours for CRM training. This training should be integrated into other
appropriate training.
Flight Safety International comments that the training should be
``objective based'' rather than specifying ``block hours.''
United Airlines (UAL) comments that it is in complete agreement
with the proposal, except requiring programed hours. UAL states that
``the notion of programmed hours is bankrupt and that no training
professional judges the adequacy of a training program by the number of
hours spent on a given subject.''
The Regional Airline Association recommends removing the ``hard
time'' requirement of a specific number of hours for CRM training and
instead recommends that CRM training be integrated into the operator's
existing training program in an appropriate manner.
FAA Response: As stated previously, the FAA has removed the
requirement for minimum programmed hours for approved CRM training
programs. The FAA agrees that CRM training should be objective-based
rather than based on a specific number of required hours. Therefore, in
complying with this final rule, each individual certificate holder's
CRM training program will be evaluated on its design to reach its
stated training objectives. In evaluating CRM training programs, the
FAA will consider how these training objectives are met and how the
certificate holder measures training outcomes. The FAA will consider
instructional techniques, class size, the use of simulation, new
training technology, overall quality of training, and most importantly,
student/instructor feedback and other evaluation methods in determining
the adequacy of CRM training programs. The FAA also agrees that the
principles of CRM should be integrated into other appropriate training
and that these principles be practiced routinely throughout other
company flight operations.
Comment: The Department of Psychology of the University of Texas at
Austin supports the proposal to add CRM training to the rule. However,
they state that CRM training must be designed to the specific needs of
the airline and its operating environment and that an evaluation of the
human factors training must be included in each certificate holder's
approved CRM program.
FAA Response: The FAA agrees with the commenter that CRM training
programs should be designed to meet the specific needs of the
certificate holder's operating environment and that a continuing
assessment of the CRM training program should be accomplished to
determine if the program is achieving its goals. Information on
designing CRM programs that are specific to the needs of the
certificate holder and its operating environment and the evaluation of
the CRM training program are included in AC 120-51B. Also,
Sec. 121.405(d) allows the training program to be tailored to the
individual operator.
Comment: USAIR Express comments that initial new-hire CRM training
should be differentiated from initial, transition, and upgrade
requirements. CRM training should also be integrated into other
training rather than being a separate module in the general subjects
section.
FAA Response: USAir Express states that initial new hire CRM
training should differ from other CRM training. The FAA agrees that CRM
training needs to be tailored to the needs of those being trained and
guidance is provided on this subject in AC 120-51B. The FAA also agrees
that CRM training principles should be incorporated into all the
certificate holder's training. However, the principles of CRM must be
learned first before they can be integrated into the certificate
holder's entire operation.
Comment: An individual commenter recommends that CRM training be
conducted for at least 3 hours in a full motion simulator.
FAA Response: Training in a full motion simulator would provide
excellent training; however the FAA believes that mandating CRM
training in a ``full motion'' simulator is not necessary to learn and
practice CRM skills.
Comment: The Coalition of Flight Attendant Unions mentions that
there is no provision to address giving or denying credit for training
already accomplished if the employee changes carriers, for example,
moving from a regional carrier to the parent carrier. The group also
proposes rewriting Sec. 121.421 (iii) to include wording from AC 120-
51B which would ensure a minimum level of quality control.
FAA Response: Section 121.404 as adopted in this final rule
provides that a flight attendant who receives initial training from one
certificate holder does not have to repeat that training for another
certificate holder.
The FAA does not agree with the commenter that the regulation as
proposed should be rewritten to include the three CRM training phases
as discussed in AC 120-51B, i.e., initial indoctrination and awareness,
practice and feedback, and evaluation phases. An approved CRM training
program should include the training objectives stated in the AC.
However, the FAA believes there is more than one way to achieve these
training objectives. Each certificate holder must determine the most
practical and efficient way to meet the general training criteria
stated in AC 120-51B.
Comment: The Air Transport Association (ATA) recommends
reorganizing some of the proposed sections, generally consolidating
them into other sections of the proposed rule; and provides a detailed
rewrite of the Sec. 121.423.
FAA Response: The FAA does not agree that the rule language should
be rewritten under a new Sec. 121.423, since it appears that ATA's
rewrite basically provides training credit for CRM training received
after the effective date of this final rule; this credit is already
provided in Sec. 121.406 which will be adopted as proposed.
Comment: Flight Safety International recommends that the rule
include the requirement for assessment, design, and implementation of
the CRM training program. The commenter provided a detailed discussion
how to improve each of these facets.
FAA Response: The comments of Flight Safety International regarding
the requirement for assessment, design and implementation of the CRM
training program have merit and are addressed in AC 120-51B.
Comment: The Regional Airline Association generally supports the
rule but recommends that the rule include specific reference to part
121, Appendices E, F, and H, and the record keeping requirements of
Sec. 121.683.
FAA Response: The FAA does not concur regarding the recommendation
that the rule include specific reference to Appendices E, F, and H,
which elaborate on flight maneuvers. The certificate holder may include
CRM while training on flight maneuvers, but the FAA does not want to
limit or mandate CRM during each specific training maneuver. Also, the
FAA believes that the detailed record keeping requirements of
Sec. 135.63 are more than adequate for affected part 135 operators.
[[Page 65944]]
Comment: One individual commenter believes that CRM could not be
defined; to attempt to do so, ``goes exactly against the spirit of
CRM.'' Instead, he felt that the fightcrew should pursue ``a
spontaneous program of people trying to discover ways to relate more
harmoniously.'' Therefore, any effort to formalize CRM training was
counterproductive.
FAA Response: The FAA does not agree with this commenter. CRM
skills can be learned and improved by both formal training and the
informal integration of CRM skills into the certificate holder's
organizational culture.
Scope of CRM Training
Comment: One individual commenter and one professional association
note that maintenance technicians were not addressed in the notice and
recommend that there should be a proposed change to part 66 mandating
CRM for maintenance technicians.
FAA Response: The FAA appreciates the comment. However, including
maintenance technicians in this rule is outside the scope of the NPRM.
Comments: A number of commenters address the issue of the
importance of the training given to those who are responsible to
approve, conduct, and evaluate CRM training.
The Department of Psychology of the University of Texas at Austin
feels that there should be provisions for specialized training of check
pilots, flight instructors, and FAA Flight Standards personnel who must
not only be aware of the concepts of CRM, but also must be able to
debrief and instruct others in the facets of the program. The commenter
also suggests that CRM principles and requirements be included in the
airline's flight manuals.
USAIR Express comments that the FAA's Principal Operations
Inspectors must be trained in detail to effectively assess and evaluate
CRM training programs; otherwise, operators may have difficulty getting
curriculum segments approved or getting credit for previously conducted
training.
ALPA notes that the facilitators of CRM training must have the
highest experience and qualifications to properly evaluate this
training.
Flight Safety International emphasizes that instructors and check
pilots need specialized training in CRM observation and debriefing
skills.
The Regional Airline Association notes that FAA inspectors who are
responsible for evaluating, approving, and monitoring the effectiveness
of the operator's CRM programs will need additional training for this
responsibility.
The Air Transport Association comments that the FAA should ensure
that the inspectors who evaluate this program must be highly trained.
FAA Response: The FAA agrees with all these commenters. In addition
to establishing a training course for POIs, the FAA has included
information in the air carrier inspectors' handbook and AC 120-51B that
provides guidance in the approval process. This information is also
available to instructors and check pilots.
Compliance Period
Comments: The Department of Psychology of the University of Texas
at Austin comments that the compliance period of 2 years for flight
crews and 3 years for dispatchers and flight attendants seemed
excessive and should be shortened.
The group of flight attendant associations recommends that the
proposed compliance period of 2 years for pilots, and 3 years for
flight attendants and dispatchers, be shortened to 1 year and 2 years
respectively, based on the significance of the rule to the traveling
public and its ease of implementation.
ALPA fully supports the proposal and strongly urges the FAA to
implement the final rule at the earliest opportunity.
FAA Response: The FAA has adopted a compliance period of 2 years
for over 76,000 flight crewmembers and 3 years for over 84,000 flight
attendants and dispatchers who require initial CRM training. The FAA
encourages certificate holders to develop an approved CRM training
program and begin training as soon as possible. However, the FAA
believes that to require total compliance in a shorter time than
proposed could be a significant economic burden on some certificate
holders because training would then have to be accomplished outside the
normal, scheduled recurrent training cycle.
Comment Period
Comment: The Alaska Air Carriers' Association suggests extending
the comment period to June 23, 1995 to be aligned with another proposal
affecting commuter airlines in the area of aircraft certification and
general operations.
FAA Response: This action is one in a series of on-going actions to
improve the safety of commuter airlines. The effect of this rule is
referenced in the recently published NPRM titled Commuter Operations
and General Certification and Operations Requirements (60FR16230, March
29, 1995). However, the provisions of this rule are not significantly
affected by the other actions proposed in subsequent NPRM's Therefore,
this notice will be finalized with due consideration given to all
comments received in the current comment period.
Economics
Comment: The Office of the Chief Counsel for Advocacy of the U.S.
Small Business Administration believes that the FAA overestimated the
benefits of CRM training for part 135 operators, mainly citing the
belief that CRM training would not be 100% effective. Also, the
commenter questions the FAA's position that the rule would not have a
significant economic impact on a substantial number of small entities.
Comment: A group of flight attendant associations comments on the
estimated cost of initial and recurrent CRM training for flight
attendants, providing training costs and per diem information on nine
representative carriers.
Comment: The National Air Transport Association expresses concern
that, for all part 135 operators who operate aircraft with two pilot
crews carrying 10 or more passengers, the proposal may be
administratively and economically burdensome. Therefore the Association
opposes the FAA proposal to mandate compliance with part 121 training
standards. It feels that compliance with part 121 training, including
CRM, should be voluntary for part 135 commuter carriers operating
aircraft with 10 to 19 seats.
FAA Response: The FAA has reviewed the commenter's points and
addressed them in the Regulatory Evaluation of the final rule.
Regulatory Evaluation Summary
This section summarizes the full regulatory evaluation that
provides more detailed estimates of the economic consequences of this
regulatory action. This summary and the full evaluation quantify, to
the extent practicable, estimated costs and anticipated benefits to the
private sector, consumers, and Federal, State, and local governments.
Proposed changes to federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
federal agency shall 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
[[Page 65945]]
trade. In conducting these analyses, the FAA has determined that this
Final Rule would generate benefits that justify its costs and is a
``significant regulatory action'' as defined in the Executive Order.
The FAA estimates that the Final Rule will not have a significant
economic impact on a substantial number of small entities. No part of
the rule is expected to constitute a barrier to international trade.
These analyses are provided in the docket and are summarized below.
Response to Comments on the Original Regulatory Evaluation
Two interested parties submitted comments concerning the
preliminary regulatory evaluation. Their comments and FAA's disposition
are summarized below by subject area.
Wages
Comment: The Coalition of Flight Attendant Unions states that the
$27 hourly compensation rate used for part 121 flight attendants seems
``excessive.''
FAA Response: In response to this comment, the FAA recalculated the
hourly compensation rate for part 121 flight attendants based on the
Future Aviation Professionals of America's (FAPA) 1994-1995 Flight
Attendant Directory of Employers & Salary Survey. These data support
the $27 hourly compensation rate for flight attendants who have been
employed for 5 years.
Initial Training
Comment: The Coalition of Flight Attendant Unions states that air
carriers do not typically pay or provide benefits to flight attendants
during initial training because the trainees are not yet employees.
According to the commenter, the provision of lodging and meals during
initial training varies among carriers. Many carriers will pay for
lodging, some will pay for meals, some provide a small stipend, and
some do not defray meal costs at all.
FAA Response: While the FAA agrees that airlines do not necessarily
assume the full cost, the agency believes it is appropriate to consider
the costs to others including the flight attendants themselves. The FAA
believes that if a flight attendant were not attending a training
session, the flight attendant would most likely be working at another
job earning a wage rate comparable to that of a first year flight
attendant. Accordingly, the FAA has calculated costs based on the full
hourly compensation rate. The FAA estimates that a first year flight
attendant earns hourly compensation of $18.00 for part 135 operators
and $20 for part 121 operators. The FAA also estimates that flight
attendant training will cost $125 per day for meals and lodging
regardless of whether the operator or flight attendant absorbs these
costs.
Recurrent Training
Comment: The Coalition of Flight Attendant Unions states that
compensation during recurrent training varies among carriers. Some
carriers pay no salary during training, while others pay a contractual
level substantially below the working flight attendant rate, according
to the commenter. Also, some carriers pay per diem while other do not.
This commenter provided a brief summary of flight attendant training
costs for selected major, national, and regional air carriers.
FAA Response: After reviewing this comment, the FAA has decided to
use the compensation rate for a fifth-year flight attendant to compute
the compensation rate for recurrent training ($23 for part 135 and $27
for part 121). Based on the discussion above, the evaluation assumes
that flight attendants are compensated at their hourly flight rate. Per
diem is estimated at $125, regardless of whether the airline or the
flight attendant absorbs this cost.
Training Hours
Comment: The Coalition of Flight Attendant Unions states that,
based on experience, reductions in training hours are routinely
requested and are nearly as routinely granted. The commenter concludes
that, following approval of credits and reductions, this rule could
result in some carriers absorbing hourly requirements of CRM initial
and recurrent training into existing initial and recurrent training
programs.
FAA Response: The FAA recognizes this concern, but for purposes of
this regulatory evaluation, the cost estimate is based on the average
number of planned hours on which established programs are based. For
some operators, therefore, such costs may be overstated.
CRM Training Benefits
Comment: The U.S. Small Business Administration (SBA) states that
the FAA overestimated the benefits of CRM training for part 135
operators. The SBA states that the FAA assumed that such training would
be 100 percent successful in eliminating accidents attributable at
least in part to coordination problems. The SBA believes that this is
an overly optimistic scenario and encourages the FAA to examine the
accident rate of operators who already have CRM programs and use it as
the basis for estimating benefits of the training.
The SBA further encourages the FAA to confirm whether the accident
rate for part 135 operators resulting from crew coordination problems
includes only accidents involving the types of aircraft affected by the
rule. According to the commenter, the FAA did not specify whether the
accidents involved were the types of part 135 aircraft subject to the
rule. In contrast, in estimating the benefits of raising part 135
training to part 121 levels, the FAA specified that the accidents
involving part 135 aircraft were of the type affected by the proposal.
If the accident rate included part 135 aircraft other than the types
covered by the proposed regulation, then the FAA would overestimate the
proposal's benefits. For an accurate assessment of CRM's benefits, the
FAA must confirm that the accident data used for estimating CRM's
benefits is limited to the types of planes covered by the proposal for
part 135 operators.
FAA Response: With respect to the comment on effectiveness, the FAA
does not expect the rule to be 100 per cent effective. Based on our
calculations, the part 135 CRM requirements need to reap only 4 per
cent of the estimated benefits to be cost beneficial. The commenter is
correct with respect to the accidents included. The final regulatory
evaluation has been changed to consider only those accidents involving
aircraft affected by this rule.
Regulatory Flexibility Analysis
Comment: The SBA states that the proposal's regulatory flexibility
analysis is not in conformance with the Regulatory Flexibility Act
(RFA). First, according to the commenter, the FAA did not provide the
public with the opportunity to assess the FAA's justification for its
criteria for evaluating the significance of a rule's economic impacts.
Second, the FAA did not adhere to the procedures for establishing a
small business definition different from the definition under Sec. 3 of
the Small Business Act. Prior to issuing a final rule, the FAA must
make publicly available the development process it used for deriving
the threshold criteria for judging the significance of the proposed
regulation's economic impact on small entities. The FAA must also
consult with the SBA on the use of its alternative small business
definition and ask for public comment on the appropriateness of the
alternative definition.
FAA Response: The FAA disagrees with this comment. The FAA
extensively coordinated the subject criteria and definitions with the
appropriate agencies. In 1982, the FAA
[[Page 65946]]
published in the Federal Register (47 FR 32825, July 29, 1982) an
invitation for public comment on proposed definitions of small
entities. At the time, the FAA also provided to the SBA materials on
the proposed alternative definitions.
Costs
Part 121 Equivalent Training for Part 135 Crewmembers
The rule requires 121 training and qualification standards for part
135 crewmembers engaged in operations using airplanes certificated for
two pilots or having 10 or more passenger seats. Newly hired part 135
pilots and flight attendants will be required to receive the initial
part 121 training. Existing part 135 pilots and flight attendants will
not need to repeat initial training but will be subject to recurrent
training requirements. During their first recurrent training session,
however, existing employees must meet the newly required part 121
training and qualifying standards.
Incremental training costs were determined as the difference
between current and projected training costs. For example, the
incremental cost of initial training was estimated to be $3,999 for a
PIC and was determined by adding pilot compensation, travel and per
diem, and other costs and subtracting current costs.
Initial training costs for PICs, SICs, and flight attendants will
increase by about $230,000 per year. The cost for first year recurrent
training for flight crewmembers will increase by $1.3 million because
each currently employed crewmember will be required to meet the part
121 training and qualification standards. The cost for recurrent
training after the first year will increase by $1.75 million.
The discounted incremental cost to part 135 operators over the ten
year period is estimated to be about $17 million.
Part 121 CRM Training
The number of PICs, SICs, and flight engineers undergoing training
during the two-year phase-in period equals 65 percent of the existing
number of employees plus new hires (the FAA estimates that 35 percent
of pilots are already receiving CRM training through the AQP). The cost
for the initial two-year phase-in training will be approximately $7.5
million each year. The cost for initial CRM training after the phase-in
period (which applies to new hires only) will be approximately $2
million. Recurrent training costs for existing employees will be about
$17 million annually.
The number of flight attendants and dispatchers undergoing training
during the three-year phase-in period equals the existing number of
employees plus new hires. For flight attendants and dispatchers,
initial training over the three-year phase-in period will cost about $4
million annually. Initial training after the third year for new hires
will amount to approximately $3.5 million annually. Recurrent training
for existing employees will cost about $6 million each year.
Over the ten-year period, the total discounted cost will equal
about $230 million.
Part 135 CRM Training
CRM awareness training for pilots for the two-year phase-in period
will cost approximately $300,000 per year. After the second year,
initial training costs will equal about $67,000 each year. Annual
recurrent training costs will be about $600,000.
Initial CRM awareness training for flight attendants will cost
about $31,000 per year. The cost for initial training conducted after
the phase-in period will equal about $12,000 annually. The annual cost
for recurrent training will be about $23,000. Over the ten year period,
discounted CRM training costs for the part 135 operators will equal
about $6 million.
Total Cost
The total discounted cost of the rule will be approximately $253
million over the next 10 years. The cost of CRM training for part 121
operators accounts for the largest portion.
Benefits
Part 135 Training Upgrade
From 1984 through 1993, the NTSB concluded that pilot error was a
probable cause of 30 accidents involving part 135 aircraft affected by
this rule. (The accidents included in this analysis involved at least a
serious injury or substantial airplane damage). Mid-air collisions and
accidents due to bad weather are excluded because the training that
will be required under this rule would not reduce those types of
accidents.
The 30 accidents were responsible for 89 fatalities and 40 serious
injuries. During this period, commuter operators flew 25.5 million
flights resulting in a commuter accident due to pilot error of 1.1775
accidents per million commuter flights. The average value of avoiding
such an accident is estimated to be $9.607 million.
In estimating the maximum potential value of the benefits, the FAA
assumes that: (1) Because part 135 operators will not complete training
for two years, no expected benefits will result after the first year
and, at most, only one-half of the potential benefits will be achieved
in the second year (full benefits will be achieved in the remaining
years); and (2) the rule will not eliminate all pilot error accidents
but will, at best, only reduce the part 135 pilot-error accident rate
down to the rate sustained by part 121 operators. However, the FAA does
not expect this rule to completely eliminate the differential in the
pilot-error accident rate because the higher part 135 accident rate
could be caused by factors other than pilot training; less pilot
experience might also result in a higher pilot-error accident rate for
part 135 operations.
The FAA estimated the value of potential benefits by multiplying
the average value of a part 135 pilot-error related accident ($9.607
million) by the number of potential accidents (accident rate times
projected flights). The value of potential benefits was then adjusted
to equal the part 121 pilot-error accident rate. The pilot-error
accident rate for part 121 airplanes was determined by conducting a
search of the part 121 accident database. The FAA determined that this
database contained 38 accidents in which pilot error was the probable
cause. Given that part 121 airplanes flew 61.55 million flights during
this period, the pilot-error accident rate is estimated to be 0.6174
accidents per million flights. By subtracting the part 121 accident
rate from the part 135 accident rate [(1.1775-0.6174)=.5601], the
available reduction in the part 135 accident rate is estimated to equal
.56 accidents per one million flights.
Over the ten-year period, the estimated value of the benefits of
this provision is about $196 million. When current practice is taken
into consideration (30 percent of relevant pilots are already trained
under part 121 under an RAA exemption), the ten-year, benefit of this
provision is estimated to be $111 million.
Part 135 Crew Resource Management Training
During the period 1984 through 1993, crew coordination was a
probable cause in 9 accidents involving part 135 aircraft affected by
this rule. The 9 accidents were responsible for 45 fatalities and 7
serious injuries. During this period, commuter operators flew 25.5
million flights resulting in a commuter accident rate due to crew
coordination problems of 0.3529 accidents per million
[[Page 65947]]
commuter flights. The average value of avoiding such an accident was
estimated to be about $15.3 million. This estimated accident cost is
considerably higher than the estimated accident cost used in the part
135 training upgrade benefit section. The difference results, in part,
from the size of the samples. Thirty accidents were attributable to
pilot error and only nine to crew coordination. The three high-cost
accidents associated with crew coordination drive up the average cost
of those accidents.
Initial training will begin in 1996 and continue through 1997.
Therefore, the FAA assumes that full benefits cannot be achieved by
this rule until 1998. The FAA estimates the value of benefits by
multiplying the average value of a part 135 CRM-related accident ($15.3
million) by the number of potential accidents (accident rate times
projected number of flights). Over the ten year period, the benefits of
this provision are estimated at $163 million (discounted). However, the
FAA expects to realize only some of these benefits by imposing this
requirement.
Part 121 Crew Resource Management Training
During the period 1984 through 1993, crew coordination was a
probable cause in 17 accidents involving part 121 aircraft. These 17
accidents resulted in 181 fatalities, 45 serious injuries, and 130
minor injuries. During this period, air carriers flew 61.55 million
flights resulting in an air carrier accident rate due to crew
coordination problems of 0.2762 accidents per million flights.
About two-thirds of the part 121 pilots will receive training
during the first year and the remaining one-third of the pilots will
complete the initial CRM training by the end of the second year. Thus,
the FAA expects reduced benefits for the first two years. The annual,
maximum potential benefits cannot be realized until 1998. The FAA
estimates the maximum potential value of benefits by multiplying the
average value of a part 121 CRM-related accident ($34.4 million) by the
number of potential accidents (accident rate times flights).
Over the ten-year period, the estimated value of the benefits of
this provision is about $305 million (discounted). Once again, the FAA
expects to realize only some of these benefits by this proposed
requirement.
Total Benefits
Benefits of this rule are estimated to total $579 million. The
largest share of benefits, about $305 million, is attributed to part
121 CRM training. Part 135 CRM training and upgraded pilot training
will account for about $163 million and $111 million, respectively.
Cost-Benefit Comparison
The FAA estimates that this rule will cost approximately $253
million over 10 years. The benefits are estimated to be $579 million.
With respect to the part 135 flight crew training upgrade, the
discounted training costs will be about $17 million, and the discounted
value of the expected benefits is $111 million. With respect to part
135 CRM training, the discounted training costs will be about $6
million, and the discounted value of the expected benefits is $163
million. With respect to part 121 CRM training, the discounted training
costs will be about $230 million, and the discounted value of the
expected benefits is $305 million.
The estimated total cost of the rule has decreased significantly
since the NPRM was published. Changes in assumptions--based on
additional information about industry practice--were primarily
responsible for the adjustments. The final analysis takes into
consideration, for example, that 35 percent of part 121 pilots are
already receiving and will continue to receive CRM training under AQP.
It also takes into account that 30 percent of the part 135 pilots--
those employed by dual-certificated operators--already train under part
121. Based on current information, the FAA has also adjusted its
assumptions about new-hire rates and the costs of travel and
instruction associated with training. In total, these adjustments lead
to a lower estimated incremental cost of this rule.
To be cost beneficial, this rule does not have to be 100 percent
effective in preventing the types of accidents that it is designed to
prevent, nor does the FAA claim that these requirements will prevent
all of the accidents for which this rule was designed. If the part 135
training upgrade is only 16 percent effective at preventing these
accidents, then the benefits of this requirement will exceed the costs.
CRM training for part 135 flight crews needs to be only 4 percent
effective for the benefits to exceed the cost of that requirement.
However, CRM training for part 121 flight crews needs to be over 75
percent effective for this requirement to be cost-beneficial.
The requirements for upgrading part 135 pilot training should be
considered complementary to the proposed Commuter Rule (while the two
CRM requirements are independent of the Commuter Rule). The goal of
both the Commuter Rule and the part 135 training upgrade requirement is
to reduce the accident rate of scheduled carriers operating 10-to-30-
seat airplanes under part 135 to the existing part 121 accident rate.
The benefits of the part 135 training upgrade requirement are part of
the benefits estimated for the Commuter Rule, and they cannot be
separated from that rule because it is not possible to determine which
rule would have prevented a given accident. For example, individual
accidents may be prevented by any one of several factors, such as
prevention of the occurrence of a problem with an airplane in the first
place, by providing more or better crew training to properly respond to
the problem after it occurs, or providing a dispatcher to help identify
a problem before it becomes a potential accident. For this reason, the
FAA has chosen to combine the estimated costs of upgrading part 135
pilot training with the cost of the Commuter Rule and compare these
combined costs with the estimated benefits of the Commuter Rule. When
the estimated cost of the part 135 pilot training upgrade requirement
($17 million) is added to the estimated costs for the Commuter NPRM
($275 million), the combined costs ($292 million) are still less than
the estimated benefits of the Commuter NPRM ($393 million). The
estimated costs and benefits will probably be different in the Commuter
Final Rule, but the estimated cost of the Commuter Final Rule plus the
$17 million for the part 135 pilot training upgrade requirement is
still expected to be less than the estimated benefits for the Commuter
Final Rule.
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 the Government regulations. The RFA
requires agencies to review rules that may have ``a significant
economic impact on a substantial number of small entities.''
The rule will affect those small entities regulated by parts 121
and 135. The FAA's criterion (for documentation, see 47 FR 32825, July
29, 1982) for ``a substantial number'' is a number that is not less
than 11 and which is more than one-third of the small entities subject
to the rule. For air carriers, a small entity has been defined as one
who owns, but does not necessarily operate, 9 or fewer aircraft. The
relevant FAA criteria for ``a significant impact'' are incremental cost
of $67,800 per year for a scheduled air carrier with a fleet size of 60
seats or fewer, and $121,300 for a scheduled air carrier with a fleet
size of more than 60 seats). (All monetary values are in 1994 dollars).
[[Page 65948]]
Final Regulatory Determination
The FAA identified 39 part 121 operators who operate 9 or fewer
aircraft. In addition, the FAA identified another 9 operators who are
split certificate holders and operate under both parts 121 and 135. For
this analysis the FAA determined that the split certificate holders are
currently operating under the higher level of safety required under the
part 121 requirements. The FAA determined that, on average, the crew on
these aircraft consist of one pilot-in-command, one second-in-command,
and three flight attendants. Also, these operators will likely employ
two crews per airplane. The FAA determined that in the first year
(1996) two PICs, two SICs, and six flight attendants will receive
initial training. In the next three years (1997-1999), these
crewmembers will receive recurrent training. In the fifth year (2000),
there will be a turnover in the crew: 1 PIC, 1 SIC, and 2 flight
attendants will be replaced by new employees who will need initial
training. Over the following three years (2001-2003), all crewmembers
will receive recurrent training. The next year (2004), there will again
be a turnover in employees. And, in the final year (2005), the
crewmembers will receive recurrent training. The discounted cost over
the ten-year period for the part 121 requirements will be about $15,800
per aircraft, or about $2,250 annualized. An operator owning nine
airplanes will incur an annualized cost of about $20,252. Thus, a part
121 operator will be able to own at least nine aircraft and remain
below the annualized cost threshold of $67,800 for small scheduled
operators. The FAA has also determined that part 121 CRM training costs
will not impose a significant burden on a substantial number of large
scheduled part 121 operators which have a higher threshold of $110,100.
The FAA identified twenty part 135 scheduled operators that own 9
or fewer aircraft (which require two pilots or have 10 or more
passenger seats). The discounted cost for part 135 flight crew upgrade
and CRM training will be about $53,332, or about $7,593 annualized. Of
this amount, CRM training accounts for about $15,362 discounted, or
about $2,187 annualized, and flight crew upgrade training accounts for
$37,970 discounted, or about $5,406 annualized. This estimate is based
on an average of two crews per aircraft with each crew consisting of a
PIC, a SIC, and two flight attendants. This estimate includes initial
training and recurrent training over the ten year period. Training
costs for large scheduled part 135 operators with 9 airplanes
(9 x $7,593=$68,337) will not exceed the threshold for these operators
($121,300). However, training costs for small scheduled part 135
operators with more than 8 aircraft will exceed the threshold cost
(8 x $7,593=$60,744). FAA data show that only one of the 20 affected
small part 135 operators operate nine aircraft. As this number is less
than 11, it does not meet the definition of a ``substantial number.''
Therefore, the FAA has determined that the rule will not have a
significant economic impact on a substantial number of small part 135
operators.
International Trade Impact Statement
The FAA has determined that this rule will not constitute barriers
to international trade, including the export of U.S. goods and services
to foreign countries and the import of foreign goods and services into
the United States.
Federalism Implications
These regulations do not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among
various levels of government. Thus, in accordance with Executive Order
12612, it is determined that such a regulation does not have federalism
implications warranting the preparation of a Federalism Assessment.
Paperwork Reduction Act
The reporting and recordkeeping requirement associated with this
rule was approved by the Office of Management and Budget (OMB) in
accordance with 44 U.S.C. Chapter 35; there are no changes associated
with the paperwork burden of this rule. Therefore, the burden
associated with this rule stands cleared under OMB control number 2120-
0591.
Conclusion
For the reasons set forth under the heading ``Regulatory
Analysis,'' the FAA has determined that this regulation: (1) Is a
significant rule under Executive Order 12866; and (2) is a significant
rule under Department of Transportation Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979). Also, for the reasons
stated under the headings ``Trade Impact Statement'' and ``Regulatory
Flexibility Determination,'' the FAA certifies that this rule will not
have a significant economic impact on a substantial number of small
entities. A copy of the full regulatory evaluation is filed in the
docket and may also be obtained by contacting the person listed under
FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Airmen, Air safety, Air transportation,
Aviation safety, Drug abuse, Drug testing, Narcotics, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 135
Air carriers, Aircraft, Airmen, Air taxis, Air transportation,
Airworthiness, Aviation safety, Reporting and recordkeeping
requirements, Safety.
The Amendment
The Federal Aviation Administration amends parts 121 and 135 of the
Federal Aviation Regulations [14 CFR parts 121 and 135] as follows:
PART 121--CERTIFICATION AND OPERATIONS; DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for Part 121 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702,
and 44704-44705.
2. Section 121.135(b)(15) is revised to read as follows:
Sec. 121.135 Contents.
* * * * *
(b) * * *
(15) Each training program curriculum required by Sec. 121.403.
* * * * *
3. Section 121.404 is revised to read as follows:
Sec. 121.404 Compliance dates: Crew and dispatcher resource management
training.
After March 19, 1998, no certificate holder may use a person as a
flight crewmember, and after March 19, 1999, no certificate holder may
use a person as a flight attendant or aircraft dispatcher unless that
person has completed approved crew resource management (CRM) or
dispatcher resource management (DRM) initial training, as applicable,
with that certificate holder or with another certificate holder.
4. Section 121.405 is amended by adding new paragraphs (f) and (g)
to read as follows:
Sec. 121.405 Training program and revision: Initial and final
approval.
* * * * *
(f) Each certificate holder described in Sec. 135.3 (b) and (c) of
this chapter must include the material required by
[[Page 65949]]
Sec. 121.403 in the manual required by Sec. 135.21 of this chapter.
(g) The Administrator may grant a deviation to certificate holders
described in Sec. 135.3 (b) and (c) of this chapter to allow reduced
programmed hours of ground training required by Sec. 121.419 if it is
found that a reduction is warranted based on the certificate holder's
operations and the complexity of the make, model, and series of the
aircraft used.
5. Section 121.406 is added as follows:
Sec. 121.406 Reduction of CRM/DRM programmed hours based on credit for
previous CRM/DRM training.
(a) For flightcrew members, the Administrator may credit CRM
training received before March 19, 1998 toward all or part of the
initial ground CRM training required by Sec. 121.419.
(b) For flight attendants, the Administrator may credit CRM
training received before March 19, 1999 toward all or part of the
initial ground CRM training required by Sec. 121.421.
(c) For aircraft dispatchers, the Administrator may credit CRM
training received before March 19, 1999 toward all or part of the
initial ground CRM training required by Sec. 121.422.
(d) In granting credit for initial ground CRM or DRM training, the
Administrator considers training aids, devices, methods, and procedures
used by the certificate holder in a voluntary CRM or DRM program or in
an AQP program that effectively meets the quality of an approved CRM or
DRM initial ground training program under section 121.419, 121.421, or
121.422 as appropriate.
6. Section 121.419 is amended by revising paragraph (a)(1)(vii),
redesignating paragraph (a)(1)(viii) as paragraph (a)(1)(ix), and
adding a new paragraph (a)(1)(viii), to read as follows:
Sec. 121.419 Pilots and flight engineers: Initial, transition, and
upgrade ground training.
(a) * * *
(1) * * *
(viii) Visual cues prior to and during descent below DH or MDA;
(viii) Approved crew resource management initial training; and
* * * * *
7. Section 121.421 (a)(1) is revised to read as follows:
Sec. 121.421 Flight attendants: Initial and transition ground
training.
(a) * * *
(1) General subjects--
(i) The authority of the pilot in command;
(ii) Passenger handling, including the procedures to be followed in
the case of deranged persons or other persons whose conduct might
jeopardize safety; and
(iii) Approved crew resource management initial training.
* * * * *
8. Section 121.422 is amended by revising paragraphs (a)(1)(vii)
and (a)(1)(viii), and by adding a new paragraph (a)(1)(ix) to read as
follows:
Sec. 121.422 Aircraft dispatchers: Initial and transition ground
training.
(a) * * *
(1) * * *
(vii) Prevailing weather phenomena and the available sources of
weather information;
(viii) Air traffic control and instrument approach procedures; and
(ix) Approved dispatcher resource management (DRM) initial
training.
* * * * *
9. Section 121.427 is amended by adding a new paragraph (b)(4):
Sec. 121.427 Recurrent training.
* * * * *
(b) * * *
(4) Approved recurrent CRM training. For flight crewmembers, this
training or portions thereof may be accomplished during an approved
simulator line operational flight training (LOFT) session. The
recurrent CRM training requirement does not apply until a person has
completed the applicable initial CRM training required by
Secs. 121.419, 121.421, or 121.422.
* * * * *
10. Section 121.431(a) is revised to read as follows:
Sec. 121.431 Applicability.
(a) This subpart 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, or with airplanes having a
passenger seating configuration, excluding any pilot seat, of 10 seats
or more. The Administrator may authorize any other certificate holder
that conducts operations under part 135 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. 135.244 of this chapter, instead of the requirements of
Sec. 121.434.
* * * * *
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
11. The authority citation for Part 135 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-
44705, 44707-44717, 44722, and 45303.
12. Section 135.3 is revised to read as follows:
Sec. 135.3 Rules applicable to operations subject to this part.
(a) Each person operating an aircraft in operations under this part
shall--
(1) While operating inside the United States, comply with the
applicable rules of this chapter; and
(2) While operating outside the United States, comply with Annex 2,
Rules of the Air, to the Convention on International Civil Aviation or
the regulations of any foreign country, whichever applies, and with any
rules of parts 61 and 91 of this chapter and this part that are more
restrictive than that Annex or those regulations and that can be
complied with without violating that Annex or those regulations. Annex
2 is incorporated by reference in Sec. 91.703(b) of this chapter.
(b) After March 19, 1997, each certificate holder that conducts
commuter operations under this part with airplanes in which two pilots
are required by the type certification rules of this chapter, or with
airplanes having a passenger seating configuration, excluding any pilot
seat, of 10 seats or more, shall comply with subparts N and O of part
121 instead of the requirements of subparts E, G, and H of this part.
Each affected certificate holder must submit to the Administrator and
obtain approval of a transition plan (containing a calendar of events)
for moving from its present part 135 training, checking, testing, and
qualification requirements to the requirements of part 121 of this
chapter. Each transition plan must be submitted by March 19, 1996, and
must contain details on how the certificate holder plans to be in
compliance with subparts N and O of part 121 on or before March 19,
1997.
(c) If authorized by the Administrator upon application, each
certificate holder that conducts operations under this part to which
paragraph (b) of this section does not apply, may comply with the
applicable sections of subparts N and O of part 121 instead of the
requirements of subparts E, G, and H of this part, except that those
authorized certificate
[[Page 65950]]
holders may choose to comply with the operating experience requirements
of Sec. 135.244, instead of the requirements of Sec. 121.434 of this
chapter.
13. Section 135.12 is added:
Sec. 135.12 Previously trained crewmembers.
A certificate holder may use a crewmember who received the
certificate holder's training in accordance with subparts E, G, and H
of this part before March 19, 1997 without complying with initial
training and qualification requirements of subparts N and O of part 121
of this chapter. The crewmember must comply with the applicable
recurrent training requirements of part 121 of this chapter.
Sec. 135.241 [Amended]
14. Section 135.241 is amended by revising ``This'' to read
``Except as provided in Sec. 135.3, this''.
Sec. 135.291 [Amended]
15. Section 135.291 is amended by revising ``This'' to read
``Except as provided in Sec. 135.3, this''.
Sec. 135.321 [Amended]
16. Section 135.321 is amended by revising ``This'' to read
``Except as provided in Sec. 135.3, this''.
Issued in Washington, DC on December 8, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-30449 Filed 12-14-95; 8:45 am]
BILLING CODE 4910-13-M
