```

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69908-69948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23961]

[[Page 69907]]

Vol. 81

Friday,

No. 195

October 7, 2016

Part II

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 61, 91, 121, et al.

Pilot Professional Development; Proposed Rule

Federal Register / Vol. 81 , No. 195 / Friday, October 7, 2016 / 
Proposed Rules

[[Page 69908]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, 121, and 135

[Docket No.: FAA-2014-0504; Notice No. 16-06]
RIN 2120-AJ87

Pilot Professional Development

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Federal Aviation Administration proposes to modify the 
requirements primarily applicable to air carriers conducting domestic, 
flag and supplemental operations to enhance the professional 
development of pilots in those operations. The proposal would require 
air carriers conducting domestic, flag and supplemental operations to 
provide new-hire pilots with an opportunity to observe flight 
operations (operations familiarization) to become familiar with 
procedures before serving as a flightcrew member in operations; revise 
the upgrade curriculum; provide leadership and command and mentoring 
training for all pilots in command (PICs); and establish Pilot 
Professional Development Committees (PPDC). This proposal is responsive 
to a statutory requirement for the Federal Aviation Administration to 
convene an aviation rulemaking committee (ARC) to develop procedures 
for air carriers pertaining to pilot mentoring, professional 
development, and leadership and command training and to issue an NPRM 
and final rule based on these recommendations. The proposal also 
includes a number of additional conforming changes related to flight 
simulation training devices and second in command (SIC) pilot training 
and checking, and other miscellaneous changes. The FAA believes that 
this proposed rule would mitigate incidents of unprofessional pilot 
behavior which would reduce pilot errors that can lead to a 
catastrophic event.

DATES: Send comments on or before January 5, 2017.

ADDRESSES: Send comments identified by docket number FAA-2014-0504 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Sheri Pippin, Air Transportation Division (AFS-
200), Flight Standards Service, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8166; email: sheri.pippin@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Federal Aviation Administration's (FAA) authority to issue 
rules on aviation safety is found in Title 49 of the United States 
Code. Subtitle I, Section 106 describes the authority of the FAA 
Administrator. Subtitle VII, Aviation Programs, describes in more 
detail the scope of the FAA's authority.
    This rulemaking is promulgated under the general authority 
described in 49 U.S.C. 106(f) and 44701(a) and the specific authority 
found in section 206 of Public Law 111-216, the Airline Safety and 
Federal Aviation Administration Extension Act of 2010 (Aug. 1, 2010) 
(49 U.S.C. 44701 note), which directed the FAA to convene an ARC and 
conduct a rulemaking proceeding based on the ARC's recommendations 
pertaining to mentoring, professional development, and leadership and 
command training for pilots serving in part 121 operations. Section 206 
further required that the FAA include in leadership and command 
training instruction on compliance with flightcrew member duties under 
14 CFR 121.542 (sterile flight deck rule).\1\
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    \1\ 14 CFR 121.542 has commonly been referred to as the sterile 
cockpit rule. (46 FR 5500, January 19, 1981) Throughout this NPRM, 
it will be referred as the sterile flight deck rule consistent with 
updated terminology.
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List of Abbreviations and Acronyms Frequently Used in This Document

AC Advisory Circular
ACSPT ARC Air Carrier Safety and Pilot Training Aviation Rulemaking 
Committee
ARC Aviation Rulemaking Committee
ATP Airline Transport Pilot
ATP-CTP Airline Transport Pilot Certification Training Program
CAMI FAA Civil Aerospace Medical Institute
CFR Code of Federal Regulations
CRM Crew Resource Management
FFS Full Flight Simulator
FSTD Flight Simulation Training Device
InFO Information for Operators
LOFT Line-Oriented Flight Training
MLP ARC Flight Crewmember Mentoring, Leadership, and Professional 
Development Aviation Rulemaking Committee
NPRM Notice of Proposed Rulemaking
PIC Pilot in Command
PDSC Professional Development Steering Committee
PPDC Pilot Professional Development Committee
PTS Practical Test Standards
SAFO Safety Alert for Operators
SIC Second in Command
THRR ARC Flightcrew Member Training Hours Requirement Review 
Aviation Rulemaking Committee
91K Part 91, subpart K

Table of Contents

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions of the Regulatory Action
    C. Costs and Benefits
II. Background
    A. Statement of the Problem
    B. National Transportation Safety Board (NTSB) Recommendations
    C. Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216)
    D. Related FAA Actions
    E. Flight Crewmember Mentoring, Leadership and Professional 
Development Aviation Rulemaking Committee (MLP ARC)
III. Discussion of the Proposal
    A. Applicability, Effective Date, and Compliance Date
    B. Operations Familiarization (Sec.  121.432(d))
    C. PIC Leadership and Command Training
    D. PIC Mentoring Training
    E. SIC to PIC Upgrade (Sec. Sec.  121.420 and 121.426)
    F. Training for Pilots Currently Serving as PIC (Sec.  121.429)

[[Page 69909]]

    G. Recurrent PIC Leadership and Command and Mentoring Training 
(Sec. Sec.  121.409(b) and 121.427)
    H. Leadership and Command Training and Mentoring Training for 
SICs Serving in Operations That Require Three or More Pilots
    I. Pilot Professional Development Committee (Sec.  121.17)
    J. Pilot Recurrent Ground Training Content and Programmed Hours 
(Sec.  121.427)
    K. Part 135 Operators and Part 91 Subpart K Program Managers 
Complying With Part 121, Subparts N and O
    L. Flight Simulation Training Device (FSTD) Conforming Changes
    M. SIC Training and Checking Conforming Changes
    N. Other Conforming and Miscellaneous Changes
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, Promoting International Regulatory 
Cooperation
VI. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents

I. Executive Summary

A. Purpose of the Regulatory Action

    Although the overall safety and reliability of the National 
Airspace System (NAS) demonstrates that most pilots conduct operations 
with a high degree of professionalism, a problem still exists in the 
aviation industry with some pilots acting unprofessionally and not 
adhering to standard operating procedures, including the sterile flight 
deck rule. The National Transportation Safety Board (NTSB) has 
continued to cite inadequate leadership in the flight deck, pilots' 
unprofessional behavior, and pilots' failure to comply with the sterile 
flight deck rule as factors in multiple accidents and incidents 
including Pinnacle Airlines flight 3701 (October 14, 2004) and Colgan 
Air, Inc. flight 3407 (February 12, 2009).
    The Colgan Air accident focused public and Congressional attention 
on multiple aspects of air carrier training requirements, including 
issues pertaining to pilot leadership and command and mentoring. The 
accident also raised questions about pilot adherence to the sterile 
flight deck rule.
    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Public Law 111-216), was enacted following the Colgan Air 
accident. Section 206 of Public Law 111-216 directed the FAA to convene 
an ARC to develop procedures for each part 121 air carrier pertaining 
to mentoring, professional development, and leadership and command 
training for pilots serving in part 121 operations and to issue an NPRM 
and final rule based on the ARC recommendations. Accordingly, this 
rulemaking is promulgated under the general authority described in 49 
U.S.C. 106(f) and 44701(a) and the specific authority found in section 
206 of Public Law 111-216.

B. Summary of the Major Provisions of the Regulatory Action

    This rulemaking proposes to modify requirements for air carriers 
and pilots operating under part 121 to enhance the professional 
development of part 121 pilots. The proposed requirements would most 
affect air carrier training for pilots in command. The proposed 
requirements would also affect air carrier qualification for newly 
employed pilots. Additionally, this proposed rule would require air 
carriers to establish and maintain a pilot professional development 
committee to develop, administer, and oversee formal pilot mentoring 
programs. Table 1 provides additional detail regarding the proposed 
amendments.

                 Table 1--Summary of Proposed Amendments
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        Proposed provision              Summary of proposed provision
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Operations familiarization for new-  Operations familiarization
 hire pilots (Sec.   121.432(d)).    must include a minimum of 2
                                     operating cycles. A new-hire pilot
                                     completing operations
                                     familiarization must occupy the
                                     flight deck observer seat.
Upgrade training curriculum          Upgrade ground and flight
 requirements (Sec.  Sec.            training requirements have been
 121.420 and 121.426).               updated based on the qualification
                                     and experience that all upgrading
                                     pilots now have as a result of the
                                     Pilot Certification and
                                     Qualification Requirements for Air
                                     Carrier Operations rule
                                     requirements.
                                     Leadership and command and
                                     mentoring training must be included
                                     in the upgrade curriculum.
                                     Leadership and command and
                                     mentoring training are required
                                     subjects for upgrade ground
                                     training. Leadership and command
                                     training must also be incorporated
                                     into flight training through
                                     scenario-based training. (Note: For
                                     those air carriers that use an
                                     initial curriculum to qualify
                                     pilots to serve as PICs, leadership
                                     and command and mentoring training
                                     must be provided as part of that
                                     initial curriculum (Sec.  Sec.
                                     121.419 and 121.424)).
Leadership and command and           All pilots currently
 mentoring ground training for       serving as PIC must complete ground
 pilots currently serving as PIC     training on leadership and command
 (Sec.   121.429).                   and mentoring.
                                     The Administrator may
                                     credit previous training completed
                                     by the pilot at that air carrier.
Recurrent PIC leadership and         PICs must complete
 command and mentoring training      recurrent leadership and command
 (Sec.  Sec.   121.409(b) and        and mentoring ground training every
 121.427).                           36 months.
                                     Recurrent Line-Oriented
                                     Flight Training (LOFT) must provide
                                     an opportunity for PICs to
                                     demonstrate leadership and command.
Pilot professional development       Air carriers must establish
 committee (PPDC) (Sec.   121.17).   and maintain a PPDC to develop,
                                     administer, and oversee formal
                                     pilot mentoring programs. The PPDC
                                     must consist of at least one
                                     management representative and one
                                     pilot representative. The PPDC must
                                     meet on a regular basis. The
                                     frequency of such meetings would be
                                     determined by the air carrier, but
                                     must occur at least annually.
Pilot recurrent ground training      Pilot recurrent ground
 content and programmed hours        training has been aligned with the
 (Sec.   121.427).                   pilot initial ground training
                                     requirements for pilots who have
                                     completed the Airline Transport
                                     Pilot Certification Training
                                     Program (ATP-CTP). As a result, the
                                     existing content and corresponding
                                     programmed hours for recurrent
                                     ground training have been reduced.
Part 135 Operators and Part 91       Part 135 operators and part
 Subpart K Program Managers          91 subpart K (91K) program managers
 Complying with Part 121, Subparts   complying with part 121 subparts N
 N and O.                            and O would continue to use the
                                     existing upgrade curriculum
                                     requirements and the proposed
                                     leadership and command and
                                     mentoring training would only apply
                                     to PICs serving in operations that
                                     use two or more pilots.

[[Page 69910]]

 
Flight Simulation Training Device    Part 121, subparts N and O
 (FSTD) Conforming Changes (Part     and appendices E, F, and H are
 121, subparts N and O and           updated as follows:
 appendices E, F, and H).           (1) Reflect the terminology
                                     currently used to identify FSTDs
                                     approved for use in part 121
                                     training programs;
                                    (2) Remove references to simulation
                                     technology that no longer exists;
                                     and
                                    (3) Remove requirement for FAA
                                     certification of training and
                                     remove pilot experience
                                     prerequisites for using a Level C
                                     full flight simulator (FFS) to
                                     reflect advances in current FSTD
                                     technology.
SIC Training and Checking            Part 121 appendices E and F
 Conforming Changes (Part 121        are updated to align with the
 appendices E and F).                current 14 CFR 61.71 requirements
                                     for SICs to obtain a type rating in
                                     a part 121 training program.
                                     Initial, conversion, and transition
                                     SIC training and checking must
                                     include the few training and
                                     checking maneuvers and procedures
                                     formerly designated in appendices E
                                     and F as PIC-only.
Other Conforming and Miscellaneous   Pilot transition ground
 Changes.                            training has been aligned with the
                                     pilot initial ground training for
                                     pilots who have completed the ATP-
                                     CTP.
                                     The term used to identify
                                     the training provided to flight
                                     engineers qualifying as SICs on the
                                     same airplane type has been changed
                                     from ``upgrade'' to ``conversion.''
                                     Conversion ground training
                                     for flight engineers who have
                                     completed the ATP-CTP has been
                                     aligned with the pilot initial
                                     ground training for pilots who have
                                     completed the ATP-CTP.
                                     Part 121 appendices E and F
                                     and Sec.   121.434 are amended to
                                     allow for pictorial means for the
                                     training and checking of preflight
                                     visual inspections of the exterior
                                     and interior of the airplane.
------------------------------------------------------------------------

C. Costs and Benefits

    The FAA believes the proposed rule would generate safety benefits 
and address both the statutory requirement for this rulemaking and the 
NTSB recommendations. Additionally, the proposed rule contains cost 
saving benefits to operators of $72 million over a 10-year period based 
on changes to ground training in this proposal that are possible due to 
changes already implemented in the Pilot Certification and 
Qualification Requirements for Air Carrier Operations final rule (the 
Pilot Certification rule) (78 FR 42324, July 15, 2013).\2\ These 
changes would lead to a reduction in the time required to complete 
recurrent and upgrade training and would not compromise safety. When 
discounted using a 7 percent discount rate, the proposed rule would 
result in cost saving benefits of $46 million over a 10-year period.
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    \2\ RIN 2120-AJ67.
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    The FAA estimates that the proposed rule would result in costs to 
operators of approximately $68 million over a 10-year period. When 
discounted using a 7 percent discount rate, the proposed rule would 
result in costs of $47 million over a 10-year period. In undiscounted 
terms, benefits in future years outweigh costs; however, when 
discounting benefits using the 7% discount rate, future benefits do not 
outweigh upfront costs.
    The benefits and costs, by provision, of the proposed rule are seen 
in Table 2 below.

                                       Table 2--Net Benefits by Provision
                            [7% Present value, millions of 2013 dollars, 2015-2024] *
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                                                                                    Compliance
                Provision                          Cost saving benefits                costs       Net benefits
----------------------------------------------------------------------------------------------------------------
Recurrent Ground Training (Sec.           $34.424...............................              $0         $34.424
 121.427).
Upgrade Ground Training (Sec.   121.420)  $11.839...............................               0          11.839
New-Hire SIC Operations Familiarization   Not Quantified........................           2.855          -2.855
 (Sec.   121.432(d)).
Upgrade Training (Mentoring, Leadership,  Not Quantified........................           6.304          -6.304
 and Command) (Sec.  Sec.   121.420 and
 121.426).
One-Time and Recurrent PIC Training       Not Quantified........................          37.037         -37.037
 (Mentoring, Leadership, and Command)
 (Sec.  Sec.   121.409(b), 121.427 and
 121.429).
PPDC Annual Meeting (Sec.   121.17).....  Not Quantified........................           0.572          -0.572
Recordkeeping...........................  Not Quantified........................           0.006          -0.006
                                         -----------------------------------------------------------------------
    Total...............................  46.263................................          46.774          -0.511
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* Table values have been rounded. Totals may not add due to rounding.

II. Background

A. Statement of the Problem

    As recognized by the NTSB, the overall safety and reliability of 
the NAS demonstrates that most pilots conduct operations with a high 
degree of professionalism.\3\ Nevertheless, a problem still exists in 
the aviation industry with some pilots acting unprofessionally and not 
adhering to standard operating procedures, including the sterile flight 
deck rule.\4\ The NTSB has continued to cite inadequate leadership in 
the flight deck, pilots' unprofessional behavior, and pilots' failure 
to comply with the sterile flight deck rule as factors in multiple 
accidents and incidents, including Pinnacle Airlines flight 3701 and 
Colgan Air,\5\ Inc., flight 3407.
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    \3\ See Crash of Pinnacle Airlines Flight 3701, Bombardier CL-
600-2B19, N8396A, Jefferson City, Missouri, October 14, 2004, 
Aircraft Accident Report NTSB/AAR-07/01 (Washington, DC: NTSB, 2007) 
(hereinafter ``Aircraft Accident Report NTSB/AAR-07/01'').
    \4\ See Loss of Control on Approach, Colgan Air, Inc., Operating 
as Continental Connection Flight 3407, Bombardier DHC-8-400, N200WQ, 
Clarence Center, New York, February 12, 2009, Aircraft Accident 
Report NTSB/AAR-10/01 (Washington, DC: NTSB, 2010) (hereinafter 
``Aircraft Accident Report NTSB/AAR-10/01'').
    \5\ Some contributing factors to this accident were also 
mitigated by the following rules: Flightcrew Member Duty and Rest 
Requirements (77 FR 330, January 4, 2012, RIN 2120-AJ58) with a .5 
effective mitigation, Qualification, Service, and Use of Crewmembers 
and Aircraft Dispatchers with a .2 effective mitigation, the Pilot 
Certification Rule with a .2 effective mitigation, and Safety 
Management Systems for Domestic, Flag, and Supplemental Operations 
Certificate Holders with a .05 effective mitigation.

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[[Page 69911]]

    On October 14, 2004, a Pinnacle Airlines Bombardier CL-600-2B19, 
operating as Northwest Airlink flight 3701, crashed into a residential 
area about 2.5 miles from the Jefferson City Memorial Airport, 
Jefferson City, Missouri. During the flight, both engines flamed out 
after a pilot-induced aerodynamic stall and were unable to be 
restarted. Both pilots were killed and the airplane was destroyed.
    The NTSB determined the probable causes of this accident were (1) 
the pilots' unprofessional behavior, deviation from standard operating 
procedures, and poor airmanship, which resulted in an in-flight 
emergency from which the pilots were unable to recover, in part because 
of their inadequate training; (2) the pilots' failure to prepare for an 
emergency landing in a timely manner; and (3) the pilots' improper 
management of the double engine failure checklist.
    The NTSB noted that at the time of the accident, Pinnacle Airlines 
provided 2 hours of leadership training during SIC to PIC upgrade 
training with topics covering leadership authority, responsibility, and 
leadership styles. The NTSB also noted that after the accident and as a 
result of a high initial failure rate for pilots upgrading to PIC (22% 
failure rate in July 2004), Pinnacle revised the leadership training to 
8 hours with modules on leadership, authority, and responsibility; 
briefing and debriefing scenarios; decision-making processes, including 
those during an emergency; dry run line-oriented flight training 
scenarios; and risk management and resource utilization. In October 
2006, Pinnacle reported to the NTSB that the pass rate for pilots 
upgrading to PIC had improved to 92% first attempt and 95% overall.
    On the evening of February 12, 2009, a Colgan Air, Inc., Bombardier 
DHC-8-400, operating as Continental Connection flight 3407, was on 
approach to Buffalo-Niagara International Airport, Buffalo, New York, 
when it crashed into a residence in Clarence Center, New York, about 5 
nautical miles northeast of the airport. The 2 pilots, 2 flight 
attendants, all 45 passengers aboard the airplane, and 1 person on the 
ground were killed, and the airplane was destroyed by impact forces and 
a post-crash fire. The NTSB determined that the probable cause of this 
accident was the PIC's inappropriate response to the stall warning 
which eventually led to a stall from which the airplane did not 
recover. Contributing to the accident were (1) the pilots' failure to 
monitor airspeed; (2) the pilots' failure to adhere to sterile flight 
deck procedures; (3) the PIC's failure to effectively manage the 
flight; and (4) Colgan Air's inadequate procedures for airspeed 
selection and management during approaches in icing conditions.
    The NTSB noted that at the time of the accident, although the 
Colgan Air crew resource management (CRM) training was consistent with 
Advisory Circular (AC) 120-51E, Crew Resource Management Training, it 
only included 5 slides that addressed command, leadership, and 
leadership styles. The NTSB also noted that the Colgan Air SIC to PIC 
upgrade training included a one day course on leadership; however, the 
training focused on the administrative duties associated with becoming 
a PIC and did not contain significant content applicable to developing 
leadership skills, management oversight, and command authority. The 
NTSB concluded that specific leadership training for pilots upgrading 
to PIC would help standardize and reinforce the critical command 
authority skills needed by a PIC during air carrier operations.
    The Colgan Air accident focused public and Congressional attention 
on multiple aspects of air carrier training requirements, including (1) 
whether air carriers were providing PICs with the appropriate training 
to successfully execute the required PIC responsibilities while 
exhibiting effective leadership to promote professionalism and 
adherence to standard operating procedures, (2) whether pilots have 
access to individuals, such as more experienced pilots, who could serve 
as mentors, and (3) pilot adherence to the sterile flight deck rule.
    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Public Law 111-216), enacted August 1, 2010, included a 
number of requirements to convene advisory groups and conduct 
rulemakings related to the results of the NTSB investigation of the 
Colgan Air accident. Section 206 directed the FAA to convene an ARC to 
develop procedures for each part 121 air carrier pertaining to 
mentoring, professional development, and leadership and command 
training for pilots serving in part 121 operations and to issue a NPRM 
and final rule based on the ARC recommendations.
    In accordance with sections 204, 206, and 209 of Public Law 111-
216, the FAA chartered the Air Carrier Safety and Pilot Training 
(ACSPT) ARC, the Flight Crewmember Mentoring, Leadership, and 
Professional Development (MLP) ARC and the Flightcrew Member Training 
Hours Requirement Review (THRR) ARC, respectively, in September 2010. 
The MLP ARC completed its work and provided recommendations in November 
2010. At the same time as the MLP ARC worked to develop its 
recommendations, a number of related rulemakings required by Public Law 
111-216 were already underway, including the Pilot Certification and 
Qualification Requirements for Air Carrier Operations rulemaking \6\ 
and the Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers rulemaking.
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    \6\ In early 2010, the FAA published an advance notice of 
proposed rulemaking (ANPRM) entitled New Pilot Certification 
Requirements for Air Carrier Operations (75 FR 6164, February 8, 
2010) asking for input on current part 121 pilot eligibility, 
training, and qualification requirements for SICs. In July 2010, as 
a result of the public response to the ANPRM, the FAA chartered the 
First Officer Qualification ARC (FOQ ARC). The FAA subsequently 
asked the FOQ ARC to consider the provisions in Sec. Sec.  216 and 
217 of Public Law 111-216 in developing its recommendations. The FOQ 
ARC submitted its recommendations to the FAA in September 2010. The 
FAA issued the Pilot Certification and Qualification Requirements 
for Air Carrier Operations NPRM on February 29, 2012 (77 FR 12374).
---------------------------------------------------------------------------

    This proposal is the culmination of the FAA's analysis of (1) the 
rulemaking requirements of section 206 of Public Law 111-216; (2) the 
recommendations provided by the MLP ARC, the THRR ARC, and the ACSPT 
ARC; (3) the part 121 pilot qualification and experience requirements 
provided in the Pilot Certification rule; (4) the Qualification, 
Service, and Use of Crewmembers and Aircraft Dispatchers final rule (78 
FR 67800, November 12, 2013),\7\ and (5) the current part 121 PIC role 
and responsibilities. This comprehensive analysis resulted in this 
proposal that furthers the FAA's safety mission, satisfies the 
requirement for rulemaking in section 206 of Public Law 111-216 and 
accounts for the recent changes to pilot certification and 
qualifications to serve as a PIC in part 121 operations. The FAA 
believes that this proposed rule can be effectively implemented by air 
carriers and would mitigate unprofessional pilot behavior which would 
reduce pilot errors that can lead to a catastrophic event.\8\
---------------------------------------------------------------------------

    \7\ RIN 2120-AJ00.
    \8\ The FAA notes that section 206 of Public Law 111-216 
references both ``flight crewmembers'' and ``pilots.'' Section 201 
of Public Law 111-216 states, ``The term `flight crewmember' has the 
meaning given the term `flightcrew member' in part 1 of title 14, 
Code of Federal Regulations.'' Part 1 defines ``flightcrew member'' 
as ``a pilot, flight engineer, or flight navigator assigned to duty 
in an aircraft during flight time.'' However, because section 206 
uses the terms ``flight crewmember'' and ``pilot'' interchangeably, 
the FAA assumes that Congress intended the rulemaking requirements 
of this section to apply to pilots only. Further, because no 
accidents have been attributed to flight engineer performance and 
the FAA has not identified any issues related to flight engineer 
training or professionalism, this NPRM applies to pilots only.

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[[Page 69912]]

B. National Transportation Safety Board (NTSB) Recommendations

    This proposed rule addresses the following NTSB recommendations 
from Aircraft Accident Report NTSB/AAR-07/01 and Aircraft Accident 
Report NTSB/AAR-10/01 for air carriers operating under part 121:
     A-07-6: Require regional air carriers operating under 14 
CFR part 121 to provide specific guidance on expectations for 
professional conduct to pilots who operate nonrevenue flights.
     A-10-13: Issue an advisory circular with guidance on 
leadership training for upgrading captains at 14 CFR part 121, 135, and 
91K operators, including methods and techniques for effective 
leadership; professional standards of conduct; strategies for briefing 
and debriefing; reinforcement and correction skills; and other 
knowledge, skills, and abilities that are critical for air carrier 
operations.\9\
---------------------------------------------------------------------------

    \9\ ``Captain'' is an industry term that refers to the PIC.
---------------------------------------------------------------------------

     A-10-14: Require all 14 CFR part 121, 135, and 91K 
operators to provide a specific course on leadership training to their 
upgrading captains that is consistent with the advisory circular 
requested in Safety Recommendation A-10-13.
     A-10-15: Develop and distribute to all pilots, multimedia 
guidance materials on professionalism in aircraft operations that 
contain standards of performance for professionalism; best practices 
for sterile cockpit adherence; techniques for assessing and correcting 
pilot deviations; examples and scenarios; and a detailed review of 
accidents involving breakdowns in sterile cockpit and other procedures, 
including the Colgan Air, Inc. flight 3407 accident. Obtain the input 
of operators and air carrier and general aviation pilot groups in the 
development and distribution of these guidance materials.\10\
---------------------------------------------------------------------------

    \10\ This recommendation supersedes NTSB Safety Recommendation 
A-07-8: Work with pilot associations to develop a specific program 
of education for air carrier pilots that addresses professional 
standards and their role in ensuring safety of flight. The program 
should include associated guidance information and references to 
recent accidents involving pilots acting unprofessionally or not 
following standard operating procedures.
---------------------------------------------------------------------------

C. Airline Safety and Federal Aviation Administration Extension Act of 
2010 (Public Law 111-216)

    Paragraph (a)(1) of section 206 of Public Law 111-216 directed the 
FAA to convene an ARC to develop procedures for each part 121 air 
carrier to take the following actions:

    (A) Establish flight crewmember mentoring programs under which 
the air carrier will pair highly experienced flight crewmembers who 
will serve as mentor pilots and be paired with newly employed flight 
crewmembers. Mentor pilots should be provided, at a minimum, 
specific instruction on techniques for instilling and reinforcing 
the highest standards of technical performance, airmanship, and 
professionalism in newly employed flight crewmembers.
    (B) Establish flight crewmember professional development 
committees made up of air carrier management and labor union or 
professional association representatives to develop, administer, and 
oversee formal mentoring programs of the carrier to assist flight 
crewmembers to reach their maximum potential as safe, seasoned, and 
proficient flight crewmembers.
    (C) Establish or modify training programs to accommodate 
substantially different levels and types of flight experience by 
newly employed flight crewmembers.
    (D) Establish or modify training programs for second-in-command 
flight crewmembers attempting to qualify as pilot-in-command flight 
crewmembers for the first time in a specific aircraft type and 
ensure that such programs include leadership and command training.
    (E) Ensure that recurrent training for pilots in command 
includes leadership and command training.
    (F) Such other actions as the aviation rulemaking committee 
determines appropriate to enhance flight crewmember professional 
development.

    Accordingly, as directed by section 206, the FAA convened the MLP 
ARC to address procedures in these areas.
    Section 206 of Public Law 111-216 also requires the FAA to issue an 
NPRM and final rule based on the ARC recommendations. It further 
specifies that leadership and command training must include instruction 
on compliance with flightcrew member duties under Sec.  121.542, the 
sterile flight deck rule.
    Finally, section 206 of Public Law 111-216 requires the FAA to 
establish a streamlined review process for part 121 air carriers that 
had, in effect on August 1, 2010, the programs described above. Under 
the streamlined review process, the FAA must expedite approval of 
programs that it determines meet the requirements in the final 
rule.\11\
---------------------------------------------------------------------------

    \11\ Existing Sec.  121.405 provides the process by which a 
certificate holder must seek approval of its training program. 
Therefore, the streamlining of the review process would take place 
under the framework of this provision and be managed by the 
principal operations inspector (POI) responsible for approval of an 
air carrier's training program. The FAA will provide guidance to 
POIs on this process upon publication of the final rule.
---------------------------------------------------------------------------

    In addition to the requirements in section 206, Public Law 111-216 
also contains a number of related requirements for rulemaking, which 
have resulted in the following rulemaking initiatives: Pilot 
Certification and Qualification Requirements for Air Carrier Operations 
(secs. 216 and 217); Qualification, Service, and Use of Crewmembers and 
Aircraft Dispatchers (secs. 208 and 209); Safety Management Systems for 
Domestic, Flag, and Supplemental Operations Certificate Holders (sec. 
215); and Pilot Records Database (sec. 203). The FAA also determined 
that amendments to FSTD qualification and evaluation standards in part 
60 were necessary to support the provisions in the Qualification, 
Service, and Use of Crewmembers and Aircraft Dispatchers final rule and 
initiated a rulemaking to address this issue.
    In 2013, the FAA issued the Pilot Certification and Qualification 
Requirements for Air Carrier Operations final rule and the 
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers 
final rule. In 2015, the FAA issued the Safety Management Systems for 
Domestic, Flag, and Supplemental Operations Certificate Holders final 
rule (80 FR 1308, January 8, 2015).\12\ In 2016, the FAA issued the 
Flight Simulation Training Device Qualification Standards for Extended 
Envelope and Adverse Weather Event Training Tasks final rule (81 FR 
18178, March 30, 2016).\13\ The Pilot Records Database rulemaking 
initiative is in development.
---------------------------------------------------------------------------

    \12\ RIN 2120-AJ86.
    \13\ RIN 2120-AK08.
---------------------------------------------------------------------------

    The Pilot Certification rule includes a number of changes that 
increase the knowledge, qualification, and experience of pilots serving 
in part 121 operations. Notably, the Pilot Certification rule requires 
all pilots serving in part 121 operations to hold an airline transport 
pilot (ATP) certificate with a type rating and requires pilots to 
complete a minimum of 1,000 hours of relevant operational experience 
prior to serving as a PIC in part 121 operations. Additionally, the 
Pilot Certification rule requires pilots, who will serve in part 121 
operations, to complete the ATP-CTP prior to ATP certification.\14\
---------------------------------------------------------------------------

    \14\ The ATP-CTP provides foundational knowledge and 
competencies to prepare a pilot to enter an air carrier training 
program. It is designed to bridge the gap between a pilot who holds 
a commercial pilot certificate and a pilot eligible to operate in an 
air carrier environment. The ATP-CTP provides academic and simulator 
training in essential subject areas, such as aerodynamics, 
automation, adverse weather conditions, air carrier operations, 
transport airplane performance, professionalism, and leadership and 
development.

---------------------------------------------------------------------------

[[Page 69913]]

    Public Law 111-216 also required the FAA to establish a task force 
and multidisciplinary expert panels, in addition to the MLP ARC, to 
further examine existing training program requirements and develop 
recommendations for improvements. Therefore, the FAA established the 
following ARCs:
     Stick Pusher and Adverse Weather Event Training ARC (sec. 
208 of Pub. L. 111-216) to study and submit to the Administrator a 
report on methods to increase the familiarity and improve the response 
of flightcrew members on stick pusher systems, icing conditions, and 
microburst and windshear weather events.
     Flightcrew Member Training Hours Requirement Review ARC 
(THRR ARC) (sec. 209 of Pub. L. 111-216) to assess and make 
recommendations to the Administrator on the best methods and optimal 
time needed for flightcrew member training in part 121 and 135 air 
carrier operations; the best methods for flightcrew member evaluation; 
best methods to allow specific academic training courses to be credited 
toward the total flight hours required to receive an Airline Transport 
Pilot certificate; and crew leadership training.
     Air Carrier Safety and Pilot Training ARC (ACSPT ARC) 
(sec. 204 of Pub. L. 111-216) to evaluate best practices in the air 
carrier industry and provide recommendations on air carrier management 
responsibilities for flightcrew member education and support, 
flightcrew member professional standards, flightcrew member training 
standards and performance, and mentoring and information sharing 
between air carriers.

D. Related FAA Actions

    To promote pilot professionalism and standardization, the FAA has 
taken a number of actions through rulemakings and guidance. The FAA 
first issued the sterile flight deck rule (Sec.  121.542) to prohibit 
the performance of nonessential duties by flightcrew members during 
critical phases of flight, including all ground operations involving 
taxi, take-off and landing and other flight operations conducted below 
10,000 feet, except cruise flight (46 FR 5500, January 19, 1981). The 
FAA recently amended the sterile flight deck rule to prohibit 
flightcrew members from using a personal wireless communications device 
or laptop computer for personal use while at their duty station while 
the aircraft is being operated. This rule is intended to ensure that 
certain non-essential activities do not contribute to the challenge of 
task management on the flight deck or a loss of situational awareness 
due to attention to non-essential tasks. (Prohibition on Personal Use 
of Electronic Devices on the Flight Deck final rule, 79 FR 8257, 
February 12, 2014) \15\ (The FAA monitors compliance with this rule 
during the conduct of enroute inspections.) Training on Sec.  121.542 
is currently required during initial and recurrent ground training for 
all flightcrew members.\16\
---------------------------------------------------------------------------

    \15\ RIN 2120-AJ17.
    \16\ See Sec. Sec.  121.415(a), 121.419(c) and (d), and 
121.427(b).
---------------------------------------------------------------------------

    On February 27, 2003, the FAA issued Advisory Circular (AC) 120-
71A, Standard Operating Procedures for Flight Deck Crewmembers. This AC 
stressed that safety in commercial operations depends on good crew 
performance founded on clear, comprehensive, and readily available 
standard operating procedures.
    In response to NTSB Safety Recommendation A-06-7, the FAA issued 
Safety Alert for Operators (SAFO) 06004 on April 28, 2006, to emphasize 
the importance of sterile flight deck discipline and fatigue 
countermeasures, especially during approach and landing.\17\
---------------------------------------------------------------------------

    \17\ NTSB Safety Recommendation A-06-7: Direct the principal 
operations inspectors of all 14 CFR part 121 and 135 operators to 
reemphasize the importance of strict compliance with the sterile 
flight deck rule. This recommendation was issued after Corporate Air 
flight 5966 struck trees on final approach and crashed short of the 
runway at the Kirksville Regional Airport, Kirksville, Missouri, 
fatally injuring the PIC, SIC, and 11 of the 13 passengers on 
October 19, 2004. The airplane was destroyed by impact and a post-
impact fire. The NTSB determined that the pilots' failure to make 
standard callouts contributed to the accident, and the pilots' 
unprofessional behavior during the flight and their fatigue likely 
contributed to the pilots' downgraded performance. The NTSB issued 
several safety recommendations in response to this accident, 
including A-06-7.
---------------------------------------------------------------------------

    On July 3, 2007, the FAA issued Safety Alert for Operators (SAFO) 
07006, to address procedural intentional non-compliance (PINC) because 
multiple accidents revealed pilots not adhering to established 
procedures and airplane limitations when conducting positioning 
flights.\18\ Accordingly, the FAA recommended that certificate holders 
consider training for management personnel and crewmembers on the 
hazards associated with positioning flights and PINC principals.
---------------------------------------------------------------------------

    \18\ Positioning flights include nonrevenue flights, flights to 
pick up passengers, and ferry flights for maintenance.
---------------------------------------------------------------------------

    On April 26, 2010, the FAA issued Information for Operators (InFO) 
10003, to address flight deck distractions because recent incidents and 
accidents revealed pilots using laptop computers and mobile telephones 
for personal activities unrelated to the duties and responsibilities 
required for conduct of a safe flight. Accordingly, the FAA recommended 
to Directors of Safety and Directors of Operations that specific 
policies and training be provided to ensure that distractions in the 
flight deck are minimized.
    To address the significance of human performance factors such as 
communication, decision-making, and leadership, the FAA issued the Air 
Carrier and Commercial Operator Training Programs final rule requiring 
crew resource management (CRM) training for flightcrew members and 
flight attendants and dispatcher resource management (DRM) training for 
aircraft dispatchers. (60 FR 65940 December 20, 1995) \19\ In this 
final rule, the FAA stated that the objective of CRM and DRM training 
was to teach flightcrew members, flight attendants, and aircraft 
dispatchers to effectively use all available resources (e.g. hardware, 
software, and human resources) to achieve safe and efficient flight 
operations. Coincident to the final rule, the FAA published AC 120-51B 
Crew Resource Management Training and AC 121-32 Dispatch Resource 
Management Training to provide guidance on establishing CRM and DRM 
training under the broad requirement established by the final rule. The 
current version, AC 120-51E, stresses that CRM training should focus on 
the functioning of crewmembers as teams and should include all 
operational personnel. During the time since publication of the CRM 
final rule, the agency has revised AC 120-51 three times to address 
evolving research and concepts of CRM.
---------------------------------------------------------------------------

    \19\ RIN 2120-AC79.
---------------------------------------------------------------------------

    The FAA recognizes the need to continue to review air carrier 
training and qualification regulations, policies, and guidance to 
ensure they are current and relevant and addresses new technology and 
research. Therefore, in January 2014, the FAA chartered the Air Carrier 
Training ARC to provide a forum for the U.S. aviation community to 
continue to discuss, prioritize, and provide recommendations to the FAA 
concerning air carrier training.

[[Page 69914]]

E. Flight Crewmember Mentoring, Leadership, and Professional 
Development Aviation Rulemaking Committee (MLP ARC)

1. Background
    On September 15, 2010, the FAA established the MLP ARC as required 
by Public Law 111-216. The MLP ARC membership consisted of 
representatives from the Air Line Pilots Association (ALPA), Air 
Transport Association (ATA) (now known as Airlines for America), 
Coalition of Airline Pilots Associations (CAPA), National Air Carrier 
Association (NACA), National Association of Flight Instructors (NAFI), 
Regional Airline Association (RAA), and the University Aviation 
Association (UAA).
    The Administrator tasked the MLP ARC with developing 
recommendations to submit to the FAA for rulemaking consideration. 
Specifically the MLP ARC considered and addressed the topics as 
required by section 206(a)(1) of Public Law 111-216 and as specified in 
the ARC charter. The MLP ARC presented its report and recommendations 
to the FAA on November 2, 2010 (``Report from the MLP ARC'').
    NACA filed a dissenting report to the MLP ARC recommendations, 
asserting that the recommendations were too prescriptive and did not 
provide sufficient scalability for smaller airlines. A copy of the 
Report from the MLP ARC, including NACA's dissenting report, has been 
placed in the docket for this rulemaking.
2. Summary of Recommendations and Dissenting Views
a. Mentoring Programs
    Based on section 206(a)(1)(A) of Public Law 111-216, the FAA asked 
the MLP ARC to consider and address flightcrew member mentoring 
programs. In response to this tasking, the MLP ARC recommended the 
creation of two mentoring programs: Long-term career mentoring and 
flightcrew mentoring. The long-term career mentoring would be 
accomplished by a relationship between a prot[eacute]g[eacute] pilot 
and a highly experienced senior pilot. Flightcrew mentoring would be 
facilitated by the short-term relationship between every PIC and SIC 
prot[eacute]g[eacute] that occurs naturally with each crew pairing. The 
MLP ARC also recommended that career mentors be paired with 
prot[eacute]g[eacute] pilots at the following career milestones: (1) 
New-hire pilots during their first year following initial hire, (2) 
operational transitions, and (3) PICs during their first year following 
upgrade to PIC. Additionally, the MLP ARC recommended that flightcrew 
mentors submit a prot[eacute]g[eacute] report to the career mentor for 
every crew pairing with a new-hire pilot during the new-hire pilot's 
first year.
    To support FAA analysis of the MLP ARC recommendations related to 
mentoring, the FAA Civil Aerospace Medical Institute (CAMI), Human 
Factors Research Laboratory, reviewed mentoring research literature to 
(1) assess the benefits of mentoring as it was related to improving 
pilot airmanship, aeronautical decision-making, and professionalism, 
(2) assess effectiveness of mentoring programs across a range of 
occupations, and (3) make recommendations regarding the development of 
mentoring programs, the selection and training of mentors, and the 
expected benefits to mentors and prot[eacute]g[eacute]s. CAMI developed 
a report of the research review and recommendations in a document 
titled ``Determining the Feasibility and Effectiveness of Aircraft 
Pilot Mentoring Programs May 2015'' (Report from CAMI). The FAA notes 
that although the report identifies some limitations in the mentoring 
research, the report does provide several mentoring program 
recommendations based on the available literature. The FAA has provided 
a copy of this report in the docket for this rulemaking.
    The FAA agrees with certain elements of the MLP ARC recommendations 
pertaining to flightcrew member mentoring programs and is proposing PIC 
mentoring training. However, the FAA does not agree with the MLP ARC 
recommendation for career mentors and the associated recommendation for 
PICs to submit a report to the career mentor after every crew pairing 
with a new-hire pilot. These recommendations do not allow for the many 
air carrier-specific factors that must be considered in the 
development, administration, and oversight of a formal pilot mentoring 
program. Further, the Report from CAMI identified factors such as air 
carrier culture, goals and objectives as important to the development 
of a mentoring program. See Report from CAMI at p. 20, 21, 30 and 46. 
The FAA agrees with NACA's recommendation that flexibility must be 
allowed in the development of a formal pilot mentoring program. The 
FAA's proposals regarding PIC mentoring training and a formal pilot 
mentoring program are addressed in further detail in the portion of the 
document titled ``III. Discussion of the Proposal, D. PIC Mentoring 
Training'' and ``III. Discussion of the Proposal, I. Pilot Professional 
Development Committee (Sec.  121.17).''
b. Professional Development
    Based on section 206(a)(1)(B) of Public Law 111-216, the FAA tasked 
the MLP ARC to consider and address procedures to ``Establish flight 
crewmember professional development committees made up of air carrier 
management and labor union or professional association representatives 
to develop, administer, and oversee formal mentoring programs of the 
carrier to assist flight crewmembers to reach their maximum potential 
as safe, seasoned, and proficient flight crewmembers.'' In response to 
this tasking, the MLP ARC recommended the creation of a Professional 
Development Steering Committee (PDSC) at each air carrier to meet at 
least quarterly. The MLP ARC stated that ``[h]aving in place positive 
programs that continually develop and cultivate professionalism will, 
in the ARC`s view, have a profound impact on safety, standardization, 
professional ethics, and integrity.'' To this end, the MLP ARC further 
stated that ``the 14 CFR should provide specific guidance on the 
responsibility of each air carrier's professional development 
programs'' and outlined objectives for all stakeholders (i.e., the air 
carrier, the pilots and the industry). See Report from the MLP ARC at 
p. 7.
    The MLP ARC recommended that the PDSC's responsibilities include 
areas such as professional development, pilot mentoring, and certain 
pilot training subjects. A number of additional areas of PDSC 
responsibility contemplated by the MLP ARC fall within the purview of 
air carrier management (e.g., the hiring process and development of the 
training program) or are outside of the scope of the tasking (e.g., 
share de-identified data with industry and academia).
    In connection with the tasking to consider flightcrew member 
professional development committees, the MLP ARC also recommended the 
creation of a full-time part 119 professional development position 
dedicated solely to the professional development program at the air 
carrier. Further the MLP ARC recommended that the individual who holds 
this position meet the following qualifications: (1) Hold an ATP 
certificate; (2) have at least 3 years of experience as a part 121 
pilot; (3) hold a bachelor's degree; and, (4) be qualified through 
training, experience and expertise. The MLP ARC also recommended that 
the PDSC consist of leaders of flight operations management and pilot 
representatives, such as from the pilots' union, and focus on career

[[Page 69915]]

professional development programs specific to the air carrier.
    NACA dissented from the recommendation to require a part 119 
management official to head the PDSC although it concurred that a 
professional development position is important. NACA explained that new 
and smaller airlines commonly employ personnel who fulfill multiple 
management responsibilities (e.g. a small airline's director of safety 
may also serve as director of security). Further, NACA noted that the 
qualifications for the part 119 management official recommended by the 
MLP ARC do not relate to professional development, mentoring, or 
leadership qualifications.
    The FAA agrees with certain elements of the MLP ARC recommendations 
pertaining to the creation of a professional development steering 
committee to develop, administer and oversee a formal pilot mentoring 
program. Consistent with the MLP ARC recommendations, the FAA 
recognizes the importance of both management and pilot participation in 
a committee focused on pilot professional development. However, 
regarding management qualifications, the FAA's proposal balances the 
MLP ARC recommendations with NACA's dissent. The FAA proposes to 
require the management representative who serves on such a committee to 
have certain qualifications to capture relevant operational experience, 
but is not required to be a part 119 management official. This 
component of the FAA's proposal is addressed in further detail in the 
portion of the document titled ``III. Discussion of the Proposal, I. 
Pilot Professional Development Committee (Sec.  121.17).''
c. Establish or Modify Training Programs To Accommodate Substantially 
Different Levels and Types of Experience
    Based on section 206(a)(1)(C) of Public Law 111-216, the FAA asked 
the MLP ARC to consider and address ``Methods to establish or modify 
training programs to accommodate substantially different levels and 
types of experience.'' The MLP ARC recommended amendments to the part 
121 training content requirements for indoctrination training as the 
most appropriate means by which to address this tasking.
    The MLP ARC recommended that indoctrination training address three 
broad subject areas: (1) An overview of air carrier management and the 
pilot union (as applicable); (2) flight operations; and, (3) 
professional development. The MLP ARC provided a summary of content for 
each of the three subject areas, noting some degree of overlap with 
current training content requirements in part 121. The MLP ARC further 
recommended that part 121 indoctrination training should allow the 
training to be tailored to each air carrier's equipment and operational 
environment.
    NACA provided a dissenting view with respect to the MLP ARC's 
indoctrination training recommendations. NACA does not believe the MLP 
ARC recommendations fulfill the intent of the tasking because the MLP 
ARC recommended increasing indoctrination training to cover a wider 
range of topics but did not allow for training to be adjusted for 
specific pilot groups and assumed all pilot indoctrination training 
classes are conducted in a similar fashion.
    The FAA agrees with the intent of the recommendations to strengthen 
pilot indoctrination training but has not included amendments to basic 
indoctrination training in this proposal. The FAA does not believe that 
the recommended approach to accommodate different levels and types of 
experience is necessary because of the recent changes to part 121 air 
carrier pilot certification requirements and the redundancy with other 
existing training requirements.
    The Pilot Certification final rule, issued after the MLP ARC 
developed its recommendations, requires all pilots in part 121 
operations to hold an ATP certificate and a type rating. Further, 
recognizing pilots come from various backgrounds, the rule requires ATP 
applicants to complete an ATP-CTP that addresses the potential 
knowledge gap between a commercial pilot certificate and an ATP 
certificate. This prerequisite eligibility requirement for an ATP 
certificate (the ATP-CTP) provides foundational knowledge in many 
subject areas, including air carrier operations, leadership and 
command, professional development and crew resource management (CRM). 
Thus, the Pilot Certification rule requirements raise the baseline 
knowledge and experience level for pilots prior to serving at an air 
carrier.
    Additionally, as acknowledged by the MLP ARC, much of the content 
suggested for indoctrination training is currently required by part 121 
(e.g., hazardous materials training (subpart Z), icing subjects (Sec.  
121.629), weight and balance (Sec.  121.419)). In addition, some of the 
recommended content, such as security training, is required by other 
federal agency regulations (e.g., aircraft operator's security program 
training required by the Transportation Security Administration (49 CFR 
1544.233)).
    The FAA also agrees with the MLP ARC recommendation that 
indoctrination training should be tailored to the air carrier's unique 
operational environment. Currently, Sec.  121.415(a)(1)(iii)-(iv) 
requires indoctrination training to include contents of the air 
carrier's certificate and operations specifications, and appropriate 
portions of the air carrier's operating manual. Therefore, the FAA 
expects that individual air carrier's indoctrination training 
curriculum is already tailored to its environment in accordance with 
the existing regulatory requirement in Sec.  121.415(a)(1).
    Further, the MLP ARC recommended the inclusion of industry best 
practices in an Advisory Circular (AC) or a standard training template 
pertaining to indoctrination training. Since this proposal does not 
include amendments to basic indoctrination, the FAA has not developed 
an AC specific to basic indoctrination. However, on March 16, 2010, the 
FAA published InFO 10002 Industry Best Practices Reference List which 
provides a comprehensive list of resources available for use in the 
development of training curriculums.
    The MLP ARC also recommended that the PDSC should develop special 
indoctrination training for all pilots when special events occur in the 
life of the air carrier, such as mergers or acquisitions, to ensure 
that all pilots operate from a standard operating procedure. The FAA 
does not agree with the recommendation to require the PDSC to develop 
special indoctrination training for special events because current 
regulations already require air carriers to provide training for 
special events. Section 121.415(g) requires air carrier training 
programs to include ground and flight training, instruction, and 
practice, as necessary to ensure pilots qualify in new equipment, 
facilities, procedures, and techniques. Thus, an air carrier involved 
in a merger or acquisition is already required to provide training, as 
necessary, to ensure all pilots are operating from a standard operating 
procedure.\20\
---------------------------------------------------------------------------

    \20\ See FAA Order 8900.1 Volume 3, Chapter 34, Section 1 for 
guidance to inspectors regarding mergers and acquisitions.
---------------------------------------------------------------------------

    Although the FAA has not included the MLP ARC recommendations for 
amendments to indoctrination training in this proposal, the FAA has 
proposed a requirement for operations familiarization. This component 
of the FAA's proposal is addressed in the portion of the document 
titled, ``III. Discussion of the Proposal, B.

[[Page 69916]]

Operations Familiarization (Sec.  121.432(d)).''
d. Enhancements To Upgrade Training To Include Leadership and Command 
Training
    Based on section 206(a)(1)(D) of Public Law 111-216, the FAA asked 
the MLP ARC to consider and address enhancements to upgrade training to 
include leadership and command. In response to this tasking, the MLP 
ARC discovered there is wide variation among part 121 air carriers 
regarding leadership and command training for new PICs. The MLP ARC 
stated that current part 121 training requirements are ``not written in 
such a manner to ensure that new captains will receive a comprehensive 
education on subjects which are foundational to command, leadership, 
and professionalism.'' See Report from the MLP ARC at p. 22. The MLP 
ARC recommended that part 121 air carriers should develop and implement 
a leadership and command course for all SICs attempting to qualify as 
PIC for the first time in a specific aircraft type.
    The MLP ARC recommended that this leadership and command course be 
developed as a training event separate from the normal upgrade 
syllabus. Additionally, the MLP ARC recommended that the course consist 
of a minimum of 32 hours of in-person facilitated class discussion 
separated into two segments; the first segment to be completed prior to 
upgrade training and the second segment to be completed between 6 and 
18 months after the completion of PIC operating experience.
    NACA opposed the prescribed 32 hours of in-person, facilitated 
training. NACA did not oppose leadership and command training, but 
stated 32 hours of training for one topic was extreme and costly. NACA 
also stated that each air carrier should be allowed to develop a 
leadership and command course that best suits that air carrier's needs.
    In addition to the MLP ARC, two other ARCs subsequently considered 
leadership and command training. The ACSPTARC determined that 
leadership and command courses varied among air carriers and 
recommended rulemaking and associated guidance to implement leadership 
and command training for new PICs. The THRR ARC also considered 
leadership training for all PICs, including the MLP ARC recommendations 
in this area. The THRR ARC stated that current upgrade training ``does 
not necessarily provide education to the new PIC on his or her 
leadership role.'' The THRR ARC also stated that ``Crew Resource 
Management training, required for all air carriers, contains some 
elements of the desired leadership training, but is not designed to aid 
the PIC in assuming a leadership role in the aircraft and the air 
carrier as the training envisioned by this ARC would.'' See Report from 
the THRR ARC at p. 17. The THRR ARC agreed with the MLP ARC to require 
leadership and command training for SICs attempting to qualify as PIC 
for the first time in a specific aircraft type. The THRR ARC also 
agreed with the MLP ARC that this course should be separate from 
current upgrade training requirements and consist of two segments. 
However, the THRR ARC disagreed with the MLP ARC recommendation for a 
minimum of 32 hours of training. The THRR ARC recommended using an 
instructional system design (ISD) process which would allow each air 
carrier to determine the training time. The THRR ARC was also concerned 
that a prescribed minimum training time would not address scalability 
concerns of small air carriers.
    Additionally, the THRR ARC concurred with the MLP ARC that a 
facilitated discussion was a key component of a leadership and command 
course. However, the THRR ARC stated that additional items in a 
leadership and command course may be suitable for distance learning.
    The FAA agrees with the MLP ARC and THRR ARC recommendations to 
require leadership and command training for all SICs attempting to 
qualify as PIC for the first time in a specific aircraft type but does 
not agree with the recommendation that leadership and command training 
should be separate from the upgrade syllabus. Further, the FAA believes 
that the MLP ARC recommendations for a specific minimum number of 
training hours and in-person training are unnecessarily prescriptive. 
The FAA agrees with the THRR ARC and NACA positions pertaining to the 
necessity of flexibility in the development of leadership and command 
training. Accordingly, the FAA is proposing a comprehensive revision to 
the SIC to PIC upgrade training requirements to include leadership and 
command training in a performance based curriculum. The FAA's proposals 
regarding PIC leadership and command training and upgrade training are 
addressed in further detail in the portion of the document titled 
``III. Discussion of the Proposal, C. PIC Leadership and Command 
Training'' and ``III. Discussion of the Proposal, E. SIC to PIC Upgrade 
(Sec. Sec.  121.420 and 121.426).''
e. Enhancements to Recurrent Training To Include Leadership and Command 
Training
    Based on section 206(a)(1)(E) of Public Law 111-216, the FAA asked 
the MLP ARC to consider and address enhancements to recurrent training 
to include leadership and command. In response to this tasking, the MLP 
ARC determined that there is no current regulatory requirement for 
leadership and command training in recurrent training. The MLP ARC 
recommended that part 121 air carriers enhance recurrent training by 
integrating leadership and command components into the various forms of 
recurrent training (e.g. distance instruction, classroom, FSTD 
briefing, and FSTD training). The MLP ARC recommended that the 
leadership and command components that an air carrier incorporates into 
annual recurrent training as emphasis items be determined by the PDSC, 
with all components being included in recurrent training at least once 
during a 4-year cycle. Further, the MLP ARC recommended that special 
emphasis be given to sterile flight deck procedures.
    The FAA agrees with the MLP ARC recommendation to include 
leadership and command in recurrent training and also agrees that the 
delivery of recurrent leadership and command training may be 
accomplished through a range of methods. However, the FAA does not 
agree with the MLP ARC recommendation regarding the frequency for 
recurrent leadership and command training. Since leadership and command 
skills are used regularly, during every flight, and therefore are less 
susceptible to degradation, the FAA does not believe it is necessary to 
require leadership and command training annually. Further, the FAA does 
not agree with the MLP ARC recommendation that the PDSC should 
determine the content of the training. Development of training 
curriculums is the responsibility of air carrier management. This 
component of the FAA's proposal is addressed in further detail in the 
portion of the document titled ``III. Discussion of the Proposal, G. 
Recurrent Leadership and Command Training and Mentoring Training 
(Sec. Sec.  121.409(b) and 121.427).''
f. Other Actions That May Enhance Professional Development
    Based on section 206(a)(1)(F) of Public Law 111-216, the FAA asked 
the MLP ARC to consider and address ``Other actions that may enhance 
crewmember professional development.'' The MLP ARC made

[[Page 69917]]

three recommendations in this area: (1) Enhancements to knowledge tests 
and practical test standards (PTS); (2) bachelor's degree for pilots in 
part 121 operations; and (3) leadership and command training for pilots 
currently employed.
Enhancements to Knowledge Tests and PTS
    The MLP ARC stated ``that in order to ensure that an ATP pilot 
applicant at any part 121 air carrier has a foundational knowledge of 
the concepts of professional development, leadership, and command; the 
PTS requirements for the Commercial, Flight Instructor, and ATP 
certificates should incorporate these elements into the written, 
practical, and/or oral portions of pilot certification.'' See Report 
from the MLP ARC at p. 29.
    The FAA agrees with the intent of the recommendation to ensure ATP 
applicants at a part 121 air carrier have the foundational knowledge of 
professional development, leadership and command. However, the FAA does 
not agree with the recommended approach of amending the PTS because the 
FAA believes the Pilot Certification rule addressed this 
recommendation.
    As previously discussed, the Pilot Certification rule, issued after 
the MLP ARC developed its recommendations, requires all pilots in part 
121 operations to hold an ATP certificate and a type rating. Further, 
the Pilot Certification rule requires ATP applicants to complete an 
ATP-CTP that provides foundational knowledge in leadership and command, 
professional development, and CRM. Additionally, as stated in the Pilot 
Certification rule, the ATP-CTP course topics will be incorporated into 
the ATP knowledge test. See 78 FR at 42368.
Bachelor's Degree for Pilots in Part 121 Operations
    The MLP ARC recommended that pilots hired by part 121 air carriers 
be required to have a minimum of a bachelor`s degree or equivalent 
military flight training. NACA provided a dissenting view that many 
highly qualified and experienced applicants may be eliminated due to 
this requirement. NACA believes each carrier should be able to set its 
own hiring qualifications.
    As indicated in the 2012 Pilot Source Study, there was no 
difference in the completion rate of a part 121 air carrier's training 
program between pilots with a bachelor's degree and pilots without a 
bachelor's degree.\21\ Although the Pilot Source Study did indicate 
pilots with at least an associate degree in aviation had a higher 
completion rate of part 121 air carrier training programs, the FAA 
believes each air carrier should have the flexibility to set its own 
hiring requirements for higher education. Therefore, this proposal does 
not include a requirement for part 121 pilots to have a bachelor's 
degree.
---------------------------------------------------------------------------

    \21\ The 2012 Pilot Source Study is available in the docket for 
this rulemaking.
---------------------------------------------------------------------------

Leadership and Command Training for Pilots Currently Employed
    The MLP ARC recommended that each air carrier`s PDSC develop a 
process or training program to ensure that all PICs are qualified in 
the principles of the entire leadership and command program. In 
addition, the MLP ARC recommended that each air carrier's PDSC develop 
a process or training program that ensures all pilots at an air carrier 
understand the entire professional development and mentoring programs.
    The FAA agrees with the intent of the recommendation to ensure all 
PICs have completed the air carrier's training in leadership and 
command and is proposing a requirement for all current PICs to complete 
leadership and command training equivalent to the leadership and 
command training in the air carrier's upgrade ground training. However, 
the regulatory framework for part 121 training program designates the 
development of an approved pilot training curriculum as the exclusive 
responsibility of air carrier management, not a committee such as the 
PDSC. This component of the FAA's proposal is addressed in the portion 
of the document titled, ``III. Discussion of the Proposal, F. Training 
for Pilots Currently Serving as PIC (Sec.  121.429).''
    Finally, the FAA agrees with the intent of the recommendation to 
ensure all pilots at an air carrier understand the professional 
development and mentoring programs. However, the FAA believes this 
recommendation is the responsibility of each air carrier's Pilot 
Professional Development Committee (PPDC) in developing, administering, 
and overseeing a formal pilot mentoring program. Therefore, this 
proposal does not include a separate requirement to address this 
recommendation.

III. Discussion of the Proposal

A. Applicability, Effective Date, and Compliance Date

    This proposal affects operators that train and qualify pilots in 
accordance with part 121 and therefore primarily affects certificate 
holders conducting part 121 operations. Certificate holders that 
conduct operations under part 121 may train and qualify pilots in 
accordance with the provisions of current subparts N and O or under an 
Advanced Qualification Program (AQP) in accordance with subpart Y of 
part 121. AQP allows for an alternative method for training and 
evaluating pilots based on instructional systems design, advanced 
simulation equipment, and comprehensive data analysis to continuously 
validate curriculums. Requirements of subparts N and O that are not 
specifically addressed in the certificate holder's AQP continue to 
apply to the certificate holder and to the individuals being trained 
and qualified by the certificate holder. See Sec.  121.903(b). Although 
the proposed rule does not make any changes to subpart Y, after the new 
subparts N and O training requirements become effective (60 days after 
publication of a final rule in the Federal Register), certificate 
holders that use AQP would have to review their training curriculums to 
make sure they address the new subparts N and O requirements before the 
proposed compliance date (24 months after the effective date).
    Additionally, the proposal affects some certificate holders 
conducting part 135 commuter operations.\22\ Further, operators 
conducting operations under 91K or under part 135 authorized to 
voluntarily comply with subparts N and O of part 121 may also be 
affected.
---------------------------------------------------------------------------

    \22\ In accordance with 14 CFR 135.3, a certificate holder that 
conducts commuter operations under part 135 with airplanes in which 
two pilots are required by the type certification rules must comply 
with subparts N and O of part 121 instead of the requirements of 
subparts E, G, and H of part 135.
---------------------------------------------------------------------------

    For all of the proposals in this NPRM, the FAA is proposing an 
effective date of 60 days after publication of a final rule in the 
Federal Register. However, the FAA is proposing a delayed compliance 
date of 24 months after the effective date for the proposals pertaining 
to operations familiarization, leadership and command training, 
mentoring training, the revised upgrade curriculum, and the Pilot 
Professional Development Committee, as indicated in the regulatory 
text. Under this proposal, all PICs would have to complete leadership 
and command and mentoring training no later than the compliance date. 
The FAA expects that the delayed compliance date would allow sufficient 
time for air carriers to revise training curriculums, receive FAA 
approval of those curriculums, train the instructors who would conduct

[[Page 69918]]

the training, and provide this training to all PICs.
    In addition, although compliance with the revised upgrade 
curriculum requirements would not be required until 24 months after the 
effective date, the FAA proposes to provide flexibility by allowing 
those air carriers that choose to comply earlier to do so. The proposed 
revisions to Sec. Sec.  121.419 and 121.424 would allow an air carrier 
to include in its approved training program either the existing upgrade 
curriculum or the revised upgrade curriculum until the compliance date.

B. Operations Familiarization (Sec.  121.432)

    Currently, a pilot newly employed by an air carrier may serve as a 
pilot in part 121 operations without first observing actual operations 
conducted by the air carrier. The MLP ARC, however, recommended that 
all pilots complete one or more observation flights before beginning 
service with a part 121 operator as one of a number of revisions to air 
carrier indoctrination training. The MLP ARC identified observation 
flights as providing a valuable introduction for new-hire pilots to an 
air carrier's operations and company procedures. The MLP ARC explained 
that, ``[t]hese flights should be used as an integral part of the 
indoctrination training process helping to reinforce information 
learned during training and ease the transition to line operations.'' 
See Report from the MLP ARC at p. 17.
    The FAA is aware that some air carriers already recognize the 
benefit of these flights and currently require operations 
familiarization flights for newly employed pilots. Additionally, the 
ACSPT ARC also identified observations flights as a best practice in 
use at several air carriers. The ACSPT ARC indicated that observation 
flights allow a new-hire pilot to be better prepared to serve in line 
operations because the pilot would have gained familiarity with typical 
line operations ``without becoming task saturated in the control seat 
of a new, unfamiliar environment.'' See Report from the ACSPT ARC at p. 
37.
    The FAA agrees with the MLP ARC recommendation for observation 
flights and proposes to add a requirement for newly employed pilots to 
complete operations familiarization before beginning operating 
experience and serving as a pilot in part 121 operations for the air 
carrier.\23\ See Sec.  121.434. The operations familiarization must 
include at least two operating cycles \24\ during part 121 operations 
conducted by the air carrier. During the operating cycles, the newly 
employed pilot must occupy the flight deck observer seat and use a 
headset that allows the newly employed pilot to listen to the 
communications between the required flightcrew members and air traffic 
control. The proposed operations familiarization may occur in any 
airplane type operated by the air carrier in part 121 operations 
because the FAA believes that each air carrier's processes are similar 
among airplane types. Operations familiarization during or soon after 
the completion of basic indoctrination training would provide newly 
employed pilots with an opportunity to observe from the flight deck in 
a real world environment, the unique characteristics of the air 
carrier's operations and the specialized processes learned during basic 
indoctrination training.
---------------------------------------------------------------------------

    \23\ The FAA clarifies that a person completing conversion 
training after serving as a flight engineer for the air carrier is 
not a ``newly employed pilot.'' This person is completing training 
to serve in a new flightcrew member duty position but is not ``newly 
employed'' by the air carrier.
    \24\ Section 121.431(b) defines operating cycle as ``a complete 
flight segment consisting of a takeoff, climb, enroute portion, 
descent, and a landing.''
---------------------------------------------------------------------------

    In order to achieve the operations familiarization goals, the FAA 
believes that a minimum of two operating cycles are necessary to 
provide the newly employed pilot with sufficient exposure to an air 
carrier's operations and processes. During each flight, the newly 
employed pilot may observe different operational events, processes and 
briefings (e.g., types of departures and arrivals, airports, ramp 
operations, checklist sequences, varying weather, and navigation 
methods). In addition, two operating cycles may allow the newly 
employed pilot to observe two different flight crews, as well as a 
complete round trip.
    The FAA expects each pilot completing operations familiarization to 
remain on the flight deck and in the observer seat for takeoff and 
landing as well as during the en route portion of the flight. These 
pilots may, however, leave the flight deck to attend to physiological 
needs, and during long haul operations, for reasonable rest breaks.
    Finally, the FAA recognizes that certain airplanes used in part 121 
operations do not have an observer seat in the flight deck. Therefore, 
the proposed rule provides a process for an air carrier to request a 
deviation from the operations familiarization requirements to meet the 
learning objectives through another means.

C. PIC Leadership and Command Training

1. General Description and Objectives
    Although the MLP ARC and the ACSPT ARC reported that some air 
carriers provided leadership and command training, the current part 121 
training requirements do not specifically require air carrier training 
programs to include leadership and command instruction. The purpose of 
leadership and command training is to provide PICs with the leadership 
and command skills necessary to manage the crew (including flight 
attendants, if applicable), communications, workload, and decision-
making in a manner that promotes professionalism and adherence to 
standard operating procedures. Accordingly, an air carrier's leadership 
and command training should include subjects such as leadership 
characteristics, types of leaders, leadership strategies, roles of a 
leader, leadership styles, command responsibility and authority, sound 
decisions and awareness.
    Consistent with the MLP ARC recommendation to ensure all PICs are 
qualified in the principles of leadership and command, the FAA is 
proposing to require all PICs serving in part 121 operations to 
complete leadership and command training. Specifically, the FAA is 
proposing that this training be included during ground and flight 
training in the PIC upgrade curriculum (or the initial curriculum for 
the limited circumstance of a new-hire PIC), as well as the PIC 
recurrent curriculum. The FAA is also proposing that all pilots 
qualified to serve as PIC prior to the compliance date must complete 
the PIC upgrade ground training on leadership and command.
    The FAA has drafted an AC containing guidelines for the development 
of leadership and command training and provided a copy of this document 
in the docket for this rulemaking. The FAA seeks comment on this draft 
AC.
2. Distance Instruction
    Although the MLP ARC recommended facilitated in-person training for 
leadership and command, this proposal does not place restrictions on 
distance instruction as long as the leadership and command training 
objectives can be satisfied. The FAA believes that the MLP ARC and THRR 
ARC recommendations for a facilitated discussion during leadership and 
command training can be accomplished either in-person or with existing 
technology. Moreover, the proposal for leadership and command training 
is not

[[Page 69919]]

limited to ground training. The FAA has proposed that leadership and 
command must be demonstrated during the flight training portion of the 
upgrade curriculum and during recurrent LOFT. The FAA seeks comment, 
however, on whether restrictions on distance instruction are necessary 
to ensure the effectiveness of the leadership and command components of 
PIC training. The FAA asks commenters to specify whether the curriculum 
in which leadership and command training is required (e.g., PIC 
initial, upgrade, recurrent) constitutes a basis for differentiating 
any restrictions on distance instruction.

D. PIC Mentoring Training

    The FAA proposes to require training on mentoring skills for all 
PICs serving in part 121 operations to establish the mentoring 
environment recommended by the MLP ARC. The mentoring research 
literature indicates that mentor training is one of the most important 
and agreed upon elements for effective mentoring. See Report from CAMI 
p. 22 and 23. The proposed mentoring training would include techniques 
for instilling and reinforcing the highest standards of technical 
performance, airmanship, and professionalism in newly employed pilots. 
By providing mentoring training to all PICs serving in part 121 
operations, the opportunity exists for a PIC to mentor an SIC during 
each duty day. Accordingly, the benefits of SIC mentoring would be 
maximized by requiring all PICs to complete mentoring training.
    This training would be included in the PIC upgrade curriculum (or 
the initial curriculum for the limited circumstance of a new-hire PIC) 
and PIC recurrent ground training. The FAA has included mentoring 
skills in upgrade ground training because it complements the other 
related PIC ``soft skills'' (i.e., leadership and command and CRM). The 
FAA believes that collectively these ``soft skills'' would enhance 
pilot professionalism. Further, all current PICs would also be required 
to complete the PIC upgrade ground training on mentoring skills to 
create a comprehensive and consistent mentoring environment.
    The FAA has developed a draft AC that provides guidelines for 
developing and implementing mentoring training for PICs and provided a 
copy of this document in the docket for this rulemaking. The FAA seeks 
comment on this draft AC.
    In addition, this proposal leverages the experience requirements 
required by the Pilot Certification rule for all PICs serving in part 
121 operations. The Pilot Certification rule raised the experience 
requirements for all PICs serving in part 121 operations by requiring 
at least 1,000 hours of air carrier experience.\25\ Therefore, the FAA 
believes the increased experience requirements of the Pilot 
Certification rule together with this proposal would ensure every newly 
employed pilot is paired, on every flight, with an experienced pilot 
who can serve as a mentor.
---------------------------------------------------------------------------

    \25\ Section 121.436(a)(3) requires a pilot in command serving 
in part 121 operations to have 1,000 hours as second in command in 
part 121 operations, pilot in command in operations under Sec.  
91.1053(a)(2)(i), pilot in command in operations under Sec.  
135.243(a)(1), or any combination thereof.
---------------------------------------------------------------------------

E. SIC to PIC Upgrade (Sec. Sec.  121.420 and 121.426)

    Currently, subpart N and appendix E of part 121 allow pilots who 
have previously qualified as SIC on an airplane type to complete 
upgrade training to qualify as PIC on that same airplane type. See 
Sec. Sec.  121.400(c)(3), 121.415, and 121.433(a)(2). The upgrade 
training requirements in subpart N and appendix E of part 121 
presuppose that upon entering the upgrade curriculum, the pilot holds 
only a commercial pilot certificate with a multi-engine land class 
rating and no type rating on that airplane. As a result of this 
presupposition, the upgrade training requirements are focused on 
developing the technical knowledge and skills necessary to hold an ATP 
certificate and type rating for that airplane. However, the current 
role served by an SIC in part 121 operations as well as the current SIC 
qualification requirements no longer support this foundation for 
upgrade training requirements.
    The historic division of responsibilities between the PIC and SIC 
has advanced over time from a flight deck environment where the PIC 
typically served as the pilot flying and the SIC typically served 
exclusively as the pilot monitoring. As this progression occurred, 
throughout various rulemakings, the FAA has amended the training, 
qualification, and experience requirements of SICs to recognize this 
advancement in SIC responsibilities. In the current air carrier 
environment, both the PIC and SIC share pilot flying and pilot 
monitoring responsibilities. Thus, in the Pilot Certification rule the 
FAA determined that it was appropriate to require an SIC to train to 
the same level of airplane handling and proficiency as the PIC by 
obtaining an airplane type rating. See 78 FR at 42354. As a result, 
with the Pilot Certification rule, the FAA elevated the qualifications 
of all SICs.
    With the changes put in place by the Pilot Certification rule, all 
SICs serving in part 121 operations must now hold an ATP certificate 
and type rating for the airplane in which they serve. Additionally, a 
pilot must have a minimum of 1,000 hours of air carrier experience to 
serve as a PIC. This means that SICs will have already demonstrated 
technical mastery of the airplane at the ATP certificate level when 
they begin upgrade training. Therefore, the FAA is proposing revised 
upgrade training requirements to account for this evolution in SIC 
qualification and experience requirements. The following proposed 
upgrade training would ensure technical knowledge and skills while 
focusing on the decision-making and leadership skills required of a PIC 
serving in part 121 operations.
1. Performance-Based Curriculum
    The FAA is proposing a performance-based upgrade curriculum. The 
proposal removes the requirement to include all existing upgrade ground 
training subjects required by Sec.  121.419(a) and the Sec.  121.424 
requirement to include all appendix E maneuvers and procedures during 
upgrade flight training. Instead, the proposal refocuses upgrade ground 
and flight training to include subjects, maneuvers, and procedures 
specific to the duties and responsibilities the pilot will have as PIC 
at that air carrier. However, consistent with existing upgrade 
curriculum requirements, the proposed upgrade flight training continues 
to include rare, but high-risk scenarios. The FAA believes this 
approach would continue to allow air carriers to develop a robust 
upgrade curriculum specific to their operations and airplane types, and 
provides the opportunity for air carriers to more effectively target 
PIC-specific responsibilities and duties.
    Consistent with existing upgrade curriculum requirements, the 
proposal does not specify a minimum number of training hours. However, 
because the FAA has removed the requirement to train the entire range 
of Sec.  121.419 subjects and appendix E tasks in upgrade training, the 
FAA believes that the revised upgrade ground training can be completed 
in less time than the programmed hours currently identified in each air 
carrier's approved training program and the upgrade flight training can 
be completed within the same or less time than currently identified in 
each air carrier's approved training program.

[[Page 69920]]

2. Revised Upgrade Curriculum Requirements
a. Seat Dependent and Duty Position Maneuvers and Procedures
    The proposed upgrade ground and flight training must include seat 
dependent maneuvers and procedures as well as duty position maneuvers 
and procedures. Seat dependent maneuvers and procedures include the use 
of systems with controls that are not centrally located, or are 
accessible or operable from only the left or from only the right pilot 
seat as identified by the airplane manufacturer, air carrier, or the 
Administrator as seat dependent tasks. For example, in some airplane 
types, the tiller used to steer the airplane while taxiing on the 
ground is only accessible from the left seat. In these airplane types, 
upgrade training must include the maneuvers and procedures for taxiing 
from the seat in which the operator expects the PIC to serve.\26\ The 
number of seat dependent maneuvers and procedures would vary among air 
carriers due to variations in the design of airplane types; some 
airplane types may not have any seat dependent maneuvers and procedures 
while other airplane types may have several.
---------------------------------------------------------------------------

    \26\ Typically, the PIC is assigned to and operates the airplane 
from the left seat and the SIC is assigned to and operates the 
airplane from the right seat.
---------------------------------------------------------------------------

    Duty position maneuvers and procedures include tasks specified by 
the airplane manufacturer, air carrier, or the Administrator, as PIC or 
SIC only tasks. For example, some air carrier procedures specify that 
only the PIC may perform a circling approach. In this instance, upgrade 
training must include the maneuvers and procedures for circling 
approaches. Additionally, certain maneuvers and procedures require 
coordinated action between the PIC and SIC to accomplish the maneuver 
or procedure. For these maneuvers and procedures, the air carrier's 
standard operating procedures will specify who (SIC or PIC) performs 
each step of the maneuver or procedure. For example, during engine 
start, the PIC may perform the communication and coordination with the 
ramp personnel while the SIC physically turns the switch to engage the 
engine starter. In this instance, upgrade training must include engine 
start to train the pilot on the PIC required actions. The duty position 
procedures and maneuvers would vary by airplane type and air carrier. 
However, it is expected that all air carriers would have some duty 
position procedures, such as completion of weight and balance or 
variations of pre-flight, engine start, taxi and post-flight duties.
b. Leadership and Command and CRM
    Under this proposal, upgrade ground training must include 
leadership and command, as well as CRM. CRM training includes decision 
making, authority and responsibility, and conflict resolution. The 
proposed upgrade flight training must include scenario-based training 
structured to incorporate CRM and leadership and command. The purpose 
of this scenario-based training is to provide the pilot with an 
opportunity to use these ``soft skills'' learned in ground training in 
a realistic flight environment.
    Scenario-based training should address specific training objectives 
based on technical and soft skills. As such, the scenario-based 
training may consist of full or partial flight segments and would 
necessarily vary, depending on the training objectives. Examples of 
scenarios include, but are not limited to, mechanical malfunctions, 
passenger medical events, changing weather, or security concerns. An 
effective scenario would provide an opportunity for the PIC to identify 
available resources, obtain information from those resources, analyze 
that information, apply decision-making techniques, and communicate and 
coordinate with ATC, the aircraft dispatcher, and other crewmembers, as 
appropriate. The FAA believes this scenario-based training would ensure 
the effective integration of these ``soft skills'' with technical 
skills.
c. Mentoring
    The proposed upgrade ground training must include mentoring, to 
include techniques for instilling and reinforcing the highest standards 
of technical performance, airmanship, and professionalism in newly 
employed pilots.
d. Low-Altitude Windshear and Extended Envelope Flight Training
    The proposed upgrade flight training must continue to include 
training in the rare, but high risk scenarios specified in Sec.  
121.423 as well as the carrier's approved low-altitude windshear flight 
training program.
e. Additional Flight Training
    The proposed upgrade curriculum also must include sufficient flight 
training to ensure the pilot has attained the knowledge and skills to 
proficiently operate the airplane as a PIC. Under the proposed upgrade 
curriculum, the air carrier must determine the specific maneuvers and 
procedures for each airplane type considering its operational factors 
and authorizations, risks identified through its safety management 
system (SMS), and other risks identified through programs such as an 
Aviation Safety Action Program (ASAP), Flight Operational Quality 
Assurance (FOQA), and Line Operations Safety Audit (LOSA).\27\ For 
example, an air carrier may be authorized by FAA to conduct operations 
using lower than standard takeoff minima. As a condition of this 
authorization, each PIC must have completed training in the duty 
position for the applicable takeoff minima authorized for the air 
carrier.\28\ Therefore, in this instance, upgrade training must include 
takeoff maneuvers using the lower standard minima authorized for the 
air carrier.
---------------------------------------------------------------------------

    \27\ ASAP, FOQA, and LOSA are voluntary programs implemented by 
many air carriers. Analysis of the data provided by these voluntary 
programs has contributed to increased safety including improvements 
to training and operational procedures.
    \28\ Operations specification C078, IFR Lower Than Standard 
Takeoff Minim, 14 CFR part 121 Airplane Operations--All Airports
---------------------------------------------------------------------------

    Additionally, the training must ensure the pilot has developed the 
visual and psychomotor acuity necessary to operate the airplane from 
the seat position to be occupied while serving as PIC, typically the 
left pilot seat. For example, a carrier authorized to conduct circling 
approaches may determine that the circling approach maneuver is 
required during upgrade flight training due to the altered visual 
references available to the pilot from the left pilot seat.
3. Upgrade Proficiency Check Requirements
    To ensure a proficient PIC, the FAA proposes to revise the waiver 
provisions for a Sec.  121.441 proficiency check completed after 
upgrade ground and flight training. Section 121.441 allows a person 
conducting a proficiency check to waive certain maneuvers if, among 
other requirements, the pilot has ``within the preceding six calendar 
months, satisfactorily completed an approved training program for the 
particular type airplane.'' This waiver authority is premised on the 
requirement for the pilot to demonstrate proficiency in all maneuvers 
and procedures specified in appendix E during flight training. Since 
the proposed upgrade training requirements do not require pilots to 
complete all maneuvers and procedures in appendix E during training, 
proficiency must still be demonstrated for all maneuvers and procedures 
in appendix F during the proficiency check completed after upgrade 
training. Accordingly, the waiver provisions in Sec.  121.441 and

[[Page 69921]]

appendix F would no longer be appropriate for the proficiency check 
completed after upgrade training. The waiver provisions for recurrent 
proficiency checks and proficiency checks after completion of initial, 
conversion, or transition training are unchanged.
4. Effect of Revised Upgrade Curriculum on Recurrent Training
    To serve as a pilot in part 121 operations, a pilot must 
satisfactorily complete recurrent ground and flight training within 12 
calendar months preceding service as a pilot. See Sec. Sec.  121.427 
and 121.433(c). In order to track when this training is due, industry 
practice is to assign the pilot a ``base'' month; the month when 
recurrent training is due. A pilot may have a different base month for 
ground training and flight training. An air carrier may change a 
pilot's base month (i.e., reset it to an earlier month in the 12-month 
recurrent interval) if the air carrier ensures that the pilot has met 
all requirements of recurrent training. Satisfactory completion of a 
qualification curriculum may provide an air carrier with an opportunity 
to reset a pilot's base month if the qualification curriculum includes 
the recurrent training requirements.
    Under this proposal, an air carrier may continue to reset a pilot's 
base month for recurrent flight training if the pilot satisfactorily 
completes the proposed upgrade flight training and proficiency check. 
The proposed upgrade requirements continue to meet the recurrent flight 
training requirements of Sec.  121.427. However, under this proposal, 
an air carrier may not reset a pilot's base month for recurrent ground 
training based upon a pilot's satisfactory completion of the proposed 
upgrade ground training because the proposed upgrade curriculum 
requirements do not include all the subjects required by Sec.  121.427 
for recurrent ground training.
    As is the case today, a pilot's base month for recurrent ground 
training may only be changed upon completion of upgrade ground training 
if the air carrier's upgrade curriculum includes all recurrent ground 
training requirements of Sec.  121.427.\29\ The FAA is aware that some 
carriers designed their upgrade curriculums to include all recurrent 
ground training requirements to change the pilot's base month while 
other carriers designed their upgrade curriculums to only include the 
upgrade ground training requirements without a change to the pilot's 
base month. Therefore, the FAA expects the change to upgrade ground 
training to have a minimal impact on recurrent training because air 
carriers may continue to design their upgrade curriculums in the same 
manner.
---------------------------------------------------------------------------

    \29\ See FAA Order 8900.1, Volume 3, Chapter 19, Section 10.
---------------------------------------------------------------------------

F. Training for Pilots Currently Serving as PIC (Sec.  121.429)

    As discussed previously, the MLP ARC recommended that air carriers 
qualify all PICs in the principles of leadership and command. The MLP 
ARC also recommended the creation of a mentoring environment by 
training all PICs on mentoring skills. Consistent with these MLP ARC 
recommendations, the FAA is proposing that all pilots qualified to 
serve as PIC prior to the compliance date must complete the PIC upgrade 
ground training on leadership and command and mentoring.
    However, the FAA believes that it is unnecessarily burdensome for 
PICs to complete the one-time training on leadership and command and 
mentoring if the PIC has previously completed training that is 
duplicative of the proposed requirements in Sec.  121.429. The MLP ARC 
and the ACSPT ARC reported that some air carriers have voluntarily 
provided leadership and command training to PICs. See Report from the 
MLP ARC at p. 22 and Report from ACSPT ARC at p. 10.
    Therefore, the FAA proposes to allow credit toward all or part of 
the requirements for leadership and command and mentoring training for 
current PICs based on leadership and command and mentoring training 
previously completed by these PICs at that air carrier. The FAA seeks 
comment on the proposal to allow credit for previously completed 
training at that air carrier, specifically:
    (1) Whether and to what extent air carriers are already providing 
leadership and command training and/or mentoring training for current 
PICs as described in the draft ACs included in the docket for this 
rulemaking;
    (2) Whether the previous training must have been provided as part 
of a training program approved by the FAA for that air carrier;
    (3) Whether the previous training must have been completed within a 
certain period of time prior to the effective date of the final rule;
    (4) What criteria and documentation should the FAA consider in 
determining whether all or part of the requirements have been met with 
previous training; and
    (5) What criteria and documentation should the FAA consider in 
determining whether a PIC completed all or part of the previous 
training at that air carrier.

G. Recurrent PIC Leadership and Command and Mentoring Training 
(Sec. Sec.  121.409(b) and 121.427)

    Consistent with the MLP ARC recommendation for enhancing recurrent 
training, the FAA proposes to require recurrent training on leadership 
and command for all PICs serving in part 121 operations. The FAA also 
proposes to require recurrent training on mentoring skills for all PICs 
serving in part 121 operations.
    The purpose of recurrent training is to ensure that flightcrew 
members remain competent in the performance of their assigned duties. 
The FAA has previously recognized that the necessary frequency for 
recurrent training is not the same for all subject areas and tasks. For 
example, most flight training tasks are required at least every 12 
months, however, extended envelope flight training tasks are only 
required every 24 or 36 months.\30\
---------------------------------------------------------------------------

    \30\ See Sec. Sec.  121.423 and 121.427.
---------------------------------------------------------------------------

    The MLP ARC recommended that recurrent training include selected 
items from leadership and command training every year with all 
components being included at least once during a 4-year cycle. However, 
the FAA does not believe that it is necessary to require leadership and 
command training to be completed on an annual basis. Rather, the FAA 
believes the appropriate frequency for recurrent leadership and command 
and mentoring training is at least once every 36 months because these 
skills are used regularly, during every flight, and therefore are less 
susceptible to degradation. Therefore, the FAA proposes to require 
recurrent ground training on leadership and command and mentoring for 
PICs every 36 calendar months.
    Currently, air carriers may substitute LOFT that meets the 
requirements of Sec.  121.409, for the recurrent proficiency check 
requirement specified in Sec.  121.441. LOFT is flight training 
conducted in an FFS using real-time scenarios of complete flight 
segments that address normal, non-normal, or emergency procedures and 
provides training in CRM. The FAA proposes to modify the existing 
recurrent LOFT scenario requirements in Sec.  121.409. Specifically, 
the FAA proposes that the LOFT scenario must provide each PIC an 
opportunity to demonstrate leadership and command. This proposed 
amendment to recurrent LOFT is consistent with the proposal for upgrade 
flight training to include scenario-based training that

[[Page 69922]]

incorporates leadership and command skills. Additionally, it would 
provide an opportunity for the PIC to practice the integration of 
leadership and command skills with technical skills. The proposed 
requirement to include leadership and command skills during recurrent 
LOFT does not place any additional FFS time burden on air carriers who 
substitute LOFT for recurrent proficiency check requirements because 
the requirement can be met during the ordinary course of any LOFT that 
is currently part of an air carrier's training program. However there 
may be some burden due to the need to amend an air carrier's training 
program. This burden has been reflected in the information collection 
requirements that are discussed in Section IV Regulatory Notices and 
Analyses, E. Paperwork Reduction Act.

H. Leadership and Command Training and Mentoring Training for SICs 
Serving in Operations That Require Three or More Pilots

    The FAA's proposal to provide leadership and command training and 
mentoring training to PICs is consistent with the rulemaking 
requirements in Public Law 111-216. However, the FAA has long 
recognized that a pilot who serves as SIC in an operation that requires 
three or more pilots must be fully qualified to act as PIC of that 
operation (except for operating experience).\31\
---------------------------------------------------------------------------

    \31\ See Sec.  121.432(a).
---------------------------------------------------------------------------

    Based on the current requirement for the SIC serving in an 
augmented flightcrew to be fully qualified to act as PIC, the FAA is 
considering including the requirements for leadership and command 
training and mentoring training in the requirements for these SICs.\32\ 
Accordingly, the FAA seeks comment on the following:
---------------------------------------------------------------------------

    \32\ An augmented flightcrew is a flightcrew that consists of 
more than the minimum number of flightcrew members required by the 
airplane type certificate to operate the airplane to allow a 
flightcrew member to be replaced by another qualified flightcrew 
member for in-flight rest.
---------------------------------------------------------------------------

    (1) Whether the PIC leadership and command training should be 
included in the qualification requirements for pilots serving as the 
SIC in an augmented flightcrew;
    (2) Whether mentoring training should be included in the 
qualification requirements for pilots serving as the SIC in an 
augmented flightcrew;
    (3) Whether providing training in only one of the new subject areas 
(i.e., only leadership and command training or only mentoring training) 
would reduce the effectiveness of the training for these SICs; and
    (4) Whether providing training in only one of the new subject areas 
(i.e., only leadership and command training or only mentoring training) 
would reduce the effectiveness of the requirement for the SIC in an 
augmented flightcrew to be fully qualified to act as PIC.

I. Pilot Professional Development Committee (Sec.  121.17)

    Public Law 111-216 and the MLP ARC report suggest that air carriers 
can maximize the benefits of the existing pilot operating rules and 
pilot training and evaluation through formal pilot mentoring programs. 
Accordingly, the FAA proposes to add a requirement for certificate 
holders conducting operations under part 121 to establish and maintain 
a pilot professional development committee (PPDC) to develop, 
administer, and oversee a formal pilot mentoring program.
    The FAA's proposal to require each certificate holder conducting 
part 121 operations to establish a PPDC is based on the premise that 
the PPDC must consider the attributes of the carrier itself in order to 
design a mentoring program. The mentoring research literature indicates 
one mentoring program approach will not necessarily fit all air 
carriers and it is important that the goals and objectives of the 
mentoring program are firmly tied to the air carrier's culture. See 
Report from CAMI pp. 20, 21, 30 and 46. Therefore, to develop, 
administer, and oversee a formal pilot mentoring program, the FAA 
believes the PPDC would need to consider many factors, including the 
air carrier's size and scope of operation (e.g., number of pilots, 
number of aircraft, number of operations, types of operations, and 
locations of operations), unique organizational culture, and unique 
hiring and advancement practices. For example, the pilots at a smaller 
air carrier with few bases of operation may have more frequent 
opportunities for ``in person'' mentoring during the course of a duty 
day than pilots at a larger air carrier with numerous bases and pilots. 
Alternatively, pilots at larger air carriers may utilize technology 
(e.g. video conferencing) to create mentoring opportunities. These are 
just two examples of why the FAA believes the parameters for a formal 
pilot mentoring program must be designed by the PPDC for each air 
carrier.
    The FAA proposes to require the PPDC to meet frequently enough to 
accomplish the objectives of the committee. Although the MLP ARC 
recommended quarterly meetings, the FAA believes that the same factors 
would affect the frequency of meetings. For example, the PPDC at a 
small carrier with limited hiring and advancement may not need to meet 
as frequently as at a larger carrier in order to accomplish and sustain 
the same mentoring program objectives. However, the FAA expects that in 
order for the PPDC to be effective, the committee must meet at least 
once a year. The FAA further notes that an air carrier may take 
advantage of existing labor-management collaborative initiatives and 
incorporate the PPDC into an existing committee structure.
    The proposal includes minimum staffing requirements for the PPDC. 
Specifically, the FAA proposes that the PPDC must consist of at least 
one management representative and at least one representative of the 
air carrier's pilots. The FAA believes that mentoring programs at each 
air carrier would realize the most benefit by including the perspective 
and participation of both the air carrier's management and its pilots.
    The FAA used the term management representative to mean any person 
who has been designated to represent management's perspective on pilot 
mentoring. The FAA does not believe that it is necessary to require a 
part 119 management official to oversee the committee. Therefore, to 
account for the varying sizes and organizational structures of part 121 
air carriers, the FAA proposal specifies qualification requirements for 
the management representative who serves on the committee instead of 
adding a requirement for a new part 119 management official to serve 
this purpose.
    The proposal requires at least one management representative who 
serves on the carrier's PPDC to (1) have at least 1 year experience 
serving as a PIC in part 121 operations, and (2) be qualified through 
training, experience, and expertise relevant to the PPDC's 
responsibilities. The specific qualifications for the management 
representative are intended to capture relevant operational experience 
and do not include the MLP ARC recommendation for a bachelor's degree 
because a highly qualified and experienced person could be eliminated 
with this requirement.
    The FAA has developed draft guidance pertaining to a PPDC and the 
development, administration, and oversight of a formal pilot mentoring 
program. The FAA seeks comment on this draft guidance which can be 
found in the docket for this rulemaking.
    The FAA also seeks comments on whether a PPDC and a formal pilot 
mentoring program is necessary in light of the FAA's proposal to 
require all PICs

[[Page 69923]]

to complete mentoring training, including recurrent mentoring training. 
Although addressed in full in the ``PIC Mentoring Training'' discussion 
in this preamble, by providing training on mentoring to all PICs, all 
newly employed SICs would be paired with a pilot who is prepared and 
has been trained to instill and reinforce the professionalism, skill, 
and knowledge expected of all pilots serving in part 121 operations.

J. Pilot Recurrent Ground Training Content and Programmed Hours (Sec.  
121.427)

    Currently, Sec.  121.427 specifies the minimum content and training 
hours for pilot recurrent ground training. The minimum content 
requirements include instruction in the subjects required for initial 
ground training.
    Prior to the Pilot Certification rule, Sec.  121.419 contained 
pilot initial ground training requirements applicable to all pilots in 
part 121 operations. However, the Pilot Certification rule resulted in 
different initial ground training requirements for pilots who have 
completed the ATP-CTP.
    The Pilot Certification rule created new prerequisite certification 
training (i.e., the ATP-CTP) and experience requirements that pilots 
must now achieve before starting initial training at an air carrier. 
The ATP-CTP requirements include ground training in general knowledge 
areas for airplanes and environments relevant to air carrier 
operations. As a result, the ATP-CTP establishes a foundational 
knowledge base that additional airplane type-specific and air carrier-
specific qualification training is built upon when a pilot completes 
training at an air carrier.
    In the Pilot Certification rule, the FAA recognized that a number 
of the general knowledge elements that are included in pilot initial 
ground training in Sec.  121.419(a)(1) are now addressed by the ATP-CTP 
academic requirements. Therefore, in Sec.  121.419(b), the Pilot 
Certification rule revised the part 121 initial ground training 
requirements by removing the generic elements for pilots who have 
completed the ATP-CTP.\33\ As a result of the revisions to the required 
initial ground training subjects for pilots who have completed the ATP-
CTP, the Pilot Certification rule also reduced the minimum programmed 
hours for this revised initial ground training by 10 hours. See Sec.  
121.419(d).
---------------------------------------------------------------------------

    \33\ For example, the ATP-CTP must include instruction on 
transport category aircraft performance. As indicated in AC 61-138 
Airline Transport Pilot Certification Training Program, instruction 
on transport category aircraft performance should include an 
introduction to air carrier weight and balance systems. Therefore, 
for pilots who have completed the ATP-CTP, the Pilot Certification 
rule revised the initial ground training requirements to remove 
``principles of weight and balance'' and focus the training on the 
air carrier's specific method for determining weight and balance.
---------------------------------------------------------------------------

    When the FAA revised the initial ground training subjects, the FAA 
did not address the effects of this change on recurrent ground 
training. Since the required content of recurrent ground training is 
based, in part, on the content of initial ground training, the content 
of recurrent ground training may also be reduced for pilots who have 
completed the revised initial ground training requirements. For these 
pilots, the recurrent ground training requirement to include initial 
ground training is satisfied by including only those initial ground 
training subjects in Sec.  121.419(b). Currently, recurrent training 
for pilots who have not completed the ATP-CTP must continue to include 
those initial ground training subjects in Sec.  121.419(a). However, 
there is no basis for differentiating recurrent ground training 
requirements based on different initial ground training requirements.
    In the time since the part 121 recurrent training requirements were 
established, the qualification, experience, and training requirements 
for all pilots in part 121 operations have significantly increased; the 
latest changes resulting from both the certification standards from the 
Pilot Certification rule and the additional knowledge and skill 
requirements required from the Qualification, Service, and Use of 
Crewmembers and Aircraft Dispatchers final rule. Further, air carrier 
training programs have also evolved in their maturity such that the 
general knowledge elements are no longer necessary to support the 
objectives of recurrent training.
    Accordingly, the FAA proposes to remove from the recurrent ground 
training requirements, certain foundational knowledge elements that are 
no longer necessary in light of the maturity of air carrier training 
programs and the increase in pilot experience and qualification. This 
creates a single standard for recurrent ground training 
requirements.\34\
---------------------------------------------------------------------------

    \34\ To implement the proposed amendments to recurrent ground 
training content for pilots, the FAA proposes revisions to Sec.  
121.427(b), that separate the recurrent ground training requirements 
by training population. Additionally, the FAA proposes to remove 
from Sec.  121.427(b), the reference to Sec.  121.805 because of the 
requirement in Sec.  121.415(a)(3) to complete Sec.  121.805 
training.
---------------------------------------------------------------------------

    Given the proposed reduction in recurrent ground training content, 
the FAA further proposes a reduction in required minimum programmed 
hours for pilot recurrent ground training. Although the FAA does not 
require a specific amount of minimum time for each particular subject, 
after comparing the subjects required during recurrent ground training 
prior to and after the Pilot Certification rule, the FAA believes that 
a one hour reduction in required minimum programmed hours for pilot 
recurrent ground training is appropriate. Accordingly, the FAA proposes 
to further amend Sec.  121.427 by reducing by one hour the minimum 
programmed hours required annually for pilot recurrent ground training.
    Notwithstanding this proposal, pilots must still complete recurrent 
extended envelope ground training and the associated programmed hours. 
Also, in addition to the annual minimum programmed hours, the FAA 
proposes that PICs must complete leadership and command and mentoring 
training every 36 months.

K. Part 135 Operators and Part 91 Subpart K Program Managers Complying 
With Part 121, Subparts N and O

    In addition to air carriers conducting part 121 operations, some 
additional operators use pilot training and qualification programs that 
comply with subparts N and O of part 121. Those operators include the 
following:
     Operators conducting commuter operations with airplanes in 
which the airplanes' type certificate requires two pilots are required 
by Sec.  135.3(b) to comply with the training and qualification 
requirements in subparts N and O of part 121 instead of the 
requirements in subparts E, G, and H of part 135.\35\
---------------------------------------------------------------------------

    \35\ 14 CFR 110.2 definition of commuter operation.
    Commuter operation means any scheduled operation conducted by 
any person operating one of the following types of aircraft with a 
frequency of operations of at least five round trips per week on at 
least one route between two or more points according to the 
published flight schedules:
    (1) Airplanes, other than turbojet-powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding 
each crewmember seat, and a maximum payload capacity of 7,500 pounds 
or less; or
    (2) Rotorcraft.
---------------------------------------------------------------------------

     Operators conducting part 135 operations authorized to 
voluntarily comply with the training and qualification requirements in 
subparts N and O of part 121 instead of the requirements in subparts E, 
G, and H of part 135.\36\
---------------------------------------------------------------------------

    \36\ See Sec.  135.3(c).
---------------------------------------------------------------------------

     Fractional ownership program managers conducting 
operations under subpart K of part 91, authorized to

[[Page 69924]]

voluntarily comply with the training and qualification requirements in 
subparts N and O of part 121 instead of the requirements in 14 CFR 
91.1065 through 91.1107.\37\
---------------------------------------------------------------------------

    \37\ See Sec.  91.1063(b).
---------------------------------------------------------------------------

    Sections 135.3 and 91.1063, which allow, and in some cases require, 
operators to train and qualify pilots under part 121, raise the 
training requirements for these other operators and permits them to 
benefit from the more balanced mix of training and checking in part 121 
(versus the testing and checking emphasis in part 135 and 91K). See 60 
FR 65940, December 20, 1995 (Air Carrier and Commercial Operator 
Training Programs final rule (RIN 2120-AC79)), 66 FR 37520, July 18, 
2001 (Regulation of Fractional Aircraft Ownership Programs and On-
Demand Operations NPRM (RIN 2120-AH06)). However, some of the proposed 
revisions to part 121 in this NPRM are not compatible with all part 135 
and 91K operations because of differences between the requirements for 
minimum flight crew and pilot certification.
    First, for these other operators who either choose or are required 
to train and qualify pilots in accordance with part 121 requirements, 
the part 121 SIC certification requirements do not apply. SIC pilots 
serving in these operations are not required to hold an ATP certificate 
or type rating in the airplane in which they serve. However, this NPRM 
includes proposed revisions to the upgrade curriculum requirements in 
subpart N of part 121 based on the presupposition that the pilot 
entering the upgrade curriculum already holds an ATP certificate and 
type rating for the airplane. Since this presupposition is not 
applicable to pilots serving in part 135 and 91K operations, the FAA 
proposes to retain the existing upgrade curriculum requirements for 
part 135 operators and fractional ownership program managers who use a 
part 121 subparts N and O training and qualification program.
    Second, unlike part 121 operating rules which require at least two 
pilots for all operations (Sec.  121.385(c)), certain operations under 
parts 135 and 91K may be conducted with only one pilot. The proposed 
leadership and command and mentoring enhancements to part 121 training 
programs were developed based on the assumption by the MLP ARC and the 
FAA that at least two pilots are serving on the flight deck during 
operations. Since this assumption is not applicable to all part 135 and 
91K operations, for these other operators who choose to train and 
qualify pilots in accordance with part 121 requirements, the FAA 
proposes to limit the applicability of the leadership and command and 
mentoring training to pilots in command serving in operations that 
require two or more pilots.
    The remaining proposed amendments to subparts N and O of part 121 
would apply to these other operators. The FAA notes that the proposal 
for a PPDC would not apply to these other operators because this 
provision is proposed in subpart A of part 121.
    The FAA also proposes to revise Sec.  121.431(a)(1) to remove 
language that is redundant to Sec.  135.3(b) and (c). The FAA believes 
Sec.  135.3(b) and (c) adequately address the requirements for part 135 
operators who choose, or are required, to train and qualify pilots 
under part 121.

L. Flight Simulation Training Device (FSTD) Conforming Changes

    In a 1996 final rule, Advanced Simulation Plan Revisions, the FAA 
replaced the terminology used in appendix H to part 121 to identify the 
varying capabilities of the different simulators at that time (61 FR 
30726, June 17, 1996).\38\ Then, in a 2006 final rule, Flight 
Simulation Training Device Initial and Continuing Qualification and 
Use, the FAA added part 60 to title 14, providing requirements for the 
evaluation, qualification, and maintenance of FSTDs (71 FR 63392, 
October 30, 2006).\39\ Based on the changes made by these two final 
rules, the Pilot Certification rule as well as the substantive 
proposals found elsewhere in this NPRM, the FAA proposes a number of 
conforming changes throughout subparts N and O, and appendices E, F and 
H as described in more detail in the following discussion.
---------------------------------------------------------------------------

    \38\ RIN 2120-AF29
    \39\ RIN 2120-AH07
---------------------------------------------------------------------------

    References to FSTDs in subparts N and O and appendices E and F have 
been updated to reflect current terminology. Specifically, references 
to visual simulators (Level A FFS) and advanced simulators (Level B, C 
and D FFS) have been updated to reflect current terminology and all 
references to simulation technology that no longer exists have been 
removed.
    As a result of the terminology updates and the commonality in 
training maneuvers and procedures across qualification curriculum 
categories, the FAA is proposing revisions to appendices E and F to 
consolidate the columns identifying the FSTD or airplane required for 
the completion of each maneuver or procedure. There is only one 
substantive change to a required maneuver or procedure in appendices E 
and F. This change is described later in the preamble discussion 
pertaining to preflight visual inspection using pictorial means.
    In Sec.  121.439, the FAA proposes to update the references to 
visual simulators (Level A FFS) and advanced simulators (Level B, C and 
D FFS) to reflect current terminology. In addition, the FAA clarifies 
that a Level A FFS may not be used to satisfy the requirements of this 
section because a Level A FFS cannot be qualified under part 60 for 
takeoff and landing tasks. Accordingly, all requirements associated 
with completing takeoffs and landings in a Level A FFS have been 
removed from this section.
    The FAA proposes to remove the experience requirements for use of a 
Level C FFS and to conform appendix H terminology with subparts N and 
O.
    The current distinction in capabilities between a Level C and Level 
D FFS is negligible. The primary difference that exists today between a 
Level C and a Level D FFS is the evaluation of vibration and sound. 
Level D evaluation involves objective criteria while Level C evaluation 
of vibration and sound is subjective. Additionally, the FAA considered 
the increase in the baseline qualification and experience requirements 
for all pilots engaged in part 121 operations put into place by the 
Pilot Certification rule. Based on the current simulation technology 
and current part 121 pilot qualification and experience, the FAA has 
determined that the appendix H experience requirements for use of a 
Level C FFS are unnecessary.
    The FAA further notes that removing the experience requirements for 
use of a Level C FFS is consistent with Exemption No. 5400 as amended 
over the last 22 years. In 1992, the FAA first issued Exemption No. 
5400 to the member airlines of the Air Transport Association of America 
(now Airlines for America), and ``other similarly situated Part 121 air 
carriers.'' This exemption allows air carriers to conduct pilot 
training in a Level C FFS while providing an exemption from the pilot 
experience requirements in appendix H. At the time of this first 
exemption, the FAA recognized that more than a decade of experience 
with training and checking under appendix H had proven these experience 
requirements to be excessively conservative. This exemption has been 
extended multiple times without any adverse impact on safety and is 
still in place today. See FAA Exemption No. 5400L, Regulatory Docket 
No. FAA-2001-10676.
    However, the FAA notes that the experience requirements in Sec.  
61.64 for

[[Page 69925]]

use of a Level C or D FFS still apply to practical tests for type 
ratings conducted in a part 121 training and qualification program. The 
experience requirements in Sec.  61.64 ensure that a pilot has minimum 
level of inflight experience in a turbojet airplane or turbo-propeller 
airplane, as applicable, prior to serving as PIC in operations under 
any part of title 14 in a turbojet or turbo-propeller airplane that 
requires a type rating.
    The floating paragraph below Sec.  121.409(b)(3) requires the 
Administrator or a check airman to ``certify'' satisfactory completion 
of a course of training conducted in a simulator. This provision was 
implemented at a time when simulator technology was new and unproven. 
As technology advanced, the FAA incrementally raised the standards for 
performance of simulators, while simultaneously increasing the 
allowance for training and checking in a simulator. As a result, the 
FAA believes that training conducted in FFS is effective and believes 
that the certification required by an instructor in accordance with 
existing Sec.  121.401(c) is sufficient.\40\ Therefore, the FAA 
proposes to remove the floating paragraph below Sec.  121.409(b)(3) 
because the FAA is confident in the effectiveness of today's simulation 
technology and the instruction that occurs.
---------------------------------------------------------------------------

    \40\ Section 121.401(c) states, Each instructor, supervisor, or 
check airman who is responsible for a particular ground training 
subject, segment of flight training, course of training, flight 
check, or competence check under this part shall certify as to the 
proficiency and knowledge of the crewmember, aircraft dispatcher, 
flight instructor, or check airman concerned upon completion of that 
training or check. That certification shall be made a part of the 
crewmember's or dispatcher's record. When the certification required 
by this paragraph is made by an entry in a computerized 
recordkeeping system, the certifying instructor, supervisor, or 
check airman must be identified with that entry. However, the 
signature of the certifying instructor, supervisor, or check airman 
is not required for computerized entries.
---------------------------------------------------------------------------

M. SIC Training and Checking Conforming Changes

1. Amendments to Training Requirements in Appendix E to Part 121
    Certain maneuvers and procedures in appendix E to part 121 are 
limited to PIC training. Those maneuvers and procedures are as follows: 
Steep turns, zero-flap approaches and landings, landing and go around 
with the horizontal stabilizer out of trim, and maneuvering to a 
landing with a simulated powerplant failure. Additionally, depending on 
the air carrier's policies, circling approaches may also be limited to 
PIC training. However, in this NPRM, the FAA proposes to require that 
SIC training include these maneuvers in order to align appendix E with 
the training requirements in Sec.  61.71(b). The Pilot Certification 
rule requires all SICs serving in part 121 operations to hold a type 
rating. To obtain a type rating within a part 121 training program, 
Sec.  61.71(b)(1) requires the pilot to satisfactorily accomplish an 
approved training program and proficiency check for that airplane type 
that includes all the tasks and maneuvers required to serve as PIC in 
accordance with subparts N and O of part 121. Therefore, Sec.  
61.71(b)(1) already requires an SIC obtaining a type rating in a part 
121 training program (i.e., during initial, transition, or conversion) 
to complete training on those maneuvers and procedures in appendix E 
that are currently limited to PIC training.
    The FAA recognizes that there are limited instances in which a part 
121 SIC obtains a type rating prior to employment at a part 121 air 
carrier.\41\ However, to ensure all SICs at the air carrier have been 
trained to the same standards at that specific air carrier, the FAA is 
proposing that all SICs be trained by that air carrier on the maneuvers 
and procedures in appendix E that are currently limited to PIC 
training, regardless of whether the SIC already holds a type rating. 
The FAA believes that the effect of this proposed change is minimal 
because in the limited instances that an SIC holds a type rating, it is 
expected that the SIC should be able to complete the flight training in 
less time than an SIC who does not hold a type rating. In accordance 
with Sec.  121.401(e), a pilot who progresses successfully through 
flight training, is recommended by an instructor or check airman, and 
successfully completes the appropriate proficiency check, is not 
required to complete the programmed hours of flight training for the 
particular airplane type. Additionally, an air carrier may develop and 
submit for approval a reduced training hour curriculum based on 
specific prerequisites.\42\ For example, a carrier could have an 
initial Boeing 737 SIC curriculum for pilots who do not hold a Boeing 
737 type rating and a second initial Boeing 737 SIC curriculum that 
requires less flight training hours for pilots that already hold a 
Boeing 737 type rating.
---------------------------------------------------------------------------

    \41\ For example, a pilot may seek type rating training from a 
part 142 training center. Part 142 airplane type rating training 
courses are based on the Airline Transport Pilot and Aircraft Type 
Rating Practical Test Standards for Airplane (FAA-S-8081-5, current 
edition) (ATP PTS) which includes the PIC-only tasks and maneuvers 
in appendix E. Although not specifically required by part 142 
regulations, all part 142 airplane type rating courses include these 
tasks and maneuvers since their training courses are based on the 
ATP PTS.
    \42\ See FAA Order 8900.1, Volume 3, Chapter 19, Section 1.
---------------------------------------------------------------------------

2. Amendments to Proficiency Check Requirements in Appendix F to Part 
121
    Two maneuvers and procedures in appendix F to part 121 are limited 
to PIC proficiency checks: steep turns and a second missed approach. 
Additionally, depending on the air carrier's policies and airplane 
types, some maneuvers and procedures may be limited to PIC proficiency 
checks: taxiing, circling approaches, maneuvering to a landing with 
simulated powerplant failure, and two actual landings. However, as 
previously discussed, Sec.  61.71(b)(1) requires an SIC obtaining a 
type rating within a part 121 training program to complete a 
proficiency check which includes all tasks and maneuvers required to 
serve as PIC. Therefore, the FAA has amended appendix F to indicate 
that these maneuvers and procedures are required for SICs completing a 
proficiency check to obtain a type rating.
3. Amendment to Sec.  61.71
    As previously discussed, current Sec.  61.71(b)(1) requires a pilot 
obtaining a type rating within a part 121 training program to 
satisfactorily accomplish an approved training program and proficiency 
check for that airplane type that includes all the tasks and maneuvers 
required to serve as PIC in accordance with the requirements of 
subparts N and O of part 121.
    Currently, as required by Sec.  121.424, PIC initial, transition 
and upgrade flight training includes the same tasks and maneuvers. 
However, this NPRM includes proposed revisions to the tasks and 
maneuvers required for upgrade flight training. Accordingly, without a 
clarification to Sec.  61.71(b)(1), the proposed changes to the upgrade 
curriculum could result in confusion as to which tasks and maneuvers 
are required under Sec.  61.71(b)(1) since the tasks and maneuvers 
required to serve as PIC would vary for initial, transition, and 
upgrade training. Therefore, the FAA is proposing a change to Sec.  
61.71(b)(1) to clarify that a pilot obtaining a type rating within a 
part 121 training program must satisfactorily accomplish the same tasks 
and maneuvers required by Sec.  121.424 to serve as PIC.

[[Page 69926]]

N. Other Conforming and Miscellaneous Changes

1. Pilot Transition Ground Training Content (Sec.  121.419)
    The FAA proposes to align the subject area requirements for pilot 
transition ground training with the subject area requirements for 
initial ground training for pilots who have completed the ATP-CTP.\43\ 
Prior to the Pilot Certification rule, the subject areas for pilot 
initial ground training and pilot transition ground training were the 
same. However, the Pilot Certification rule revised the initial ground 
training subject areas for pilots who have completed the ATP-CTP 
because the FAA recognized that a number of the general knowledge 
elements that are included in pilot initial ground training in Sec.  
121.419(a)(1) are now addressed by the ATP-CTP. Therefore, the Pilot 
Certification rule revised the subjects in part 121 pilot initial 
ground training to remove the generic elements for pilots who have 
completed the ATP-CTP. The initial ground training subjects specific to 
each airplane type remain unchanged.
---------------------------------------------------------------------------

    \43\ Transition training applies to a pilot who has previously 
qualified and served in the same duty position on another airplane 
of the same group. See Sec. Sec.  121.400(c)(2) and 121.433(a)(1).
---------------------------------------------------------------------------

    In order for a pilot to complete the transition curriculum 
requirements to qualify to serve on an airplane of a different type, a 
pilot must have previously qualified and served in the same duty 
position (i.e., PIC or SIC) on another airplane of the same group.\44\ 
Therefore, prior to commencing transition training, a pilot would have 
already satisfactorily completed training in the foundational knowledge 
elements either during initial ground training with the air carrier or 
during the ATP-CTP. Additionally, the pilot would have previously 
demonstrated proficiency in these foundational knowledge elements 
during at least one proficiency check conducted by a check pilot.
---------------------------------------------------------------------------

    \44\ For the purpose of subpart N, airplanes are divided into 
two groups. Group I includes propeller driven airplanes and group II 
includes turbojet powered airplanes. See Sec.  121.400.
---------------------------------------------------------------------------

    In recognition of the transitioning pilot's previous training in 
foundational knowledge elements combined with the recent increase in 
qualification and experience required to serve as a pilot in part 121 
operations, and the evolution of air carrier training programs 
discussed earlier in this preamble, the FAA proposes to align the 
required transition ground training subjects with the required initial 
ground training subjects as revised by the Pilot Certification rule. As 
a result, the foundational knowledge elements removed from the initial 
ground training curriculum in the Pilot Certification rule would no 
longer be required for transition ground training.\45\ The airplane 
type specific training requirements remain unchanged.
---------------------------------------------------------------------------

    \45\ The FAA notes that unlike initial and recurrent ground 
training, part 121 does not provide a minimum number of programmed 
hours for the transition ground training requirements.
---------------------------------------------------------------------------

2. Conversion Training (Sec. Sec.  121.400, 121.415, 121.419, 121.424)
    Currently, the term ``upgrade'' applies to part 121 training to 
allow SICs who previously served on an airplane type to serve as PICs 
on the airplane type. Upgrade also applies to training to allow flight 
engineers who previously served on an airplane type to serve as SICs on 
the airplane type. The FAA has proposed to rename the training provided 
to flight engineers qualifying as SICs to distinguish this training 
from the SIC to PIC upgrade training. The proposed new term for flight 
engineer to SIC training is ``conversion.''
    Additionally, for flight engineers who have completed the ATP-CTP, 
the FAA proposes to align the subject areas for conversion ground 
training with the subject areas for initial ground training for those 
pilots who have completed the ATP-CTP. Prior to the Pilot Certification 
rule, the subject areas for pilot initial ground training and flight 
engineer upgrade ground training (now identified as conversion 
training) were the same. The Pilot Certification rule revised the 
subject areas for initial ground training for pilots who have completed 
the ATP-CTP. However, the Pilot Certification rule did not address the 
effect of the ATP-CTP on flight engineer upgrade ground training (now 
identified as conversion training). With the changes put in place by 
the Pilot Certification rule, flight engineers who complete conversion 
training must also hold an ATP certificate prior to serving as an SIC 
in part 121 operations. Therefore, for flight engineers who have 
completed the ATP-CTP, the FAA proposes that conversion ground training 
consist of the same subject areas as initial ground training for those 
pilots who have completed the ATP-CTP.
3. Preflight Visual Inspection Using Pictorial Means
    Part 121 appendix E requires initial, transition, and upgrade 
training to include the preflight visual inspection of the exterior and 
interior of the airplane, the location of each item to be inspected, 
and the purpose for inspecting it. Additionally, the proficiency check 
requirements in appendix F require the pilot to conduct an actual 
visual inspection of the exterior and interior of the airplane, 
locating each item and explaining briefly the purpose for inspecting 
it.
    In 1985, the FAA first issued Exemption No. 4416 to the member 
airlines of the Air Transport Association of America (now Airlines for 
America), and any other qualifying part 121 certificate holder, to 
allow the preflight visual inspection to be trained and checked using 
pictorial means as long as certain conditions and limitations were met. 
There has been no adverse impact on safety as a result of this 
exemption. Accordingly, the FAA has extended Exemption No. 4416 
multiple times and it is still in use today. See Exemption No. 4416P, 
Regulatory Docket No. FAA-2002-12831.
    Instead of continuing to extend Exemption No. 4416, the FAA 
proposes to amend appendices E and F to allow pictorial means for the 
conduct of the preflight visual inspection. Consistent with the 
exemption, the pictorial means must be approved by the Administrator 
and must provide for the portrayal of normal and abnormal conditions of 
preflight inspection items. Additionally, if the pictorial means was 
used during the proficiency check, the pilot must demonstrate 
proficiency on at least one complete visual inspection of a static 
airplane before the completion of operating experience required by 
Sec.  121.434. This means that the demonstration of proficiency may 
occur at any time between the satisfactory completion of the 
proficiency check and the completion of all required hours of operating 
experience. A check pilot must certify the pilot's proficiency on 
visual inspection before the pilot completes the operating experience 
required by Sec.  121.434.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

1. Introduction
    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
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 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39), as amended, prohibits agencies from setting standards 
that create unnecessary

[[Page 69927]]

obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule. We suggest 
readers seeking greater detail read the full regulatory evaluation, a 
copy of which we have placed in the docket for this rulemaking.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Has benefits that justify its costs, (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, (3) is ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would not have a 
significant economic impact on a substantial number of small entities; 
(5) would not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) would not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector by 
exceeding the threshold identified above. These analyses are summarized 
below.
2. Total Benefits and Costs of This Rule
    The October 14, 2004 crash of Pinnacle Airlines flight 3701 in 
Jefferson City, Missouri and the February 12, 2009 crash of Colgan Air 
flight 3407 near Buffalo, New York are examples of past accidents where 
unprofessional pilot behavior contributed to the accident. These 
accidents provide a qualitative analysis of the expected benefits of 
the proposed rule because quantified benefits related to the accidents 
are attributed to earlier rules. However, these accidents exemplify the 
types of accidents that the proposed rule intends to prevent as issues 
addressed by this rule were present in these accidents; therefore the 
FAA believes further rulemaking is appropriate. The benefits of the 
training in the proposed rule include an increased level of safety from 
mitigation of unprofessional pilot behavior which would reduce pilot 
errors that can lead to a catastrophic event.
    Moreover the proposed rule responds to the statutory requirement 
for a rulemaking in Public Law 111-216 and to unresolved NTSB 
recommendations.
    Additionally, by reducing subjects in pilot recurrent ground 
training and upgrade training, the proposed rule would generate savings 
to operators of $72 million over a 10-year period. When discounted 
using a 7 percent discount rate, the proposed rule would result in 
savings of $46 million over the same period.
    The estimated cost of the proposed rule to air carriers is $68 
million over a 10-year period. When discounted using a 7 percent 
discount rate, the proposed rule is estimated to result in costs of $47 
million over the same period. Detailed benefit and cost information 
follows below.
3. Who is potentially affected by this rule?
    The proposed rule would apply to all part 121 air carriers (78) 
and, for some provisions, to part 135 operators conducting commuter 
operations in airplanes type certificated for two pilots (3).\46\
---------------------------------------------------------------------------

    \46\ If authorized by the Administrator, part 91K operators and 
part 135 operators may voluntarily comply with the training program 
requirements in subparts N and O of part 121 instead of the training 
program requirements of part 91K or part 135. Given that part 121 
compliance is voluntary for part 91K and part 135 operators (other 
than those 3 commuter operators) and the number of pilots who 
voluntarily train under part 121 subparts N and O is not known, this 
pilot segment is not included in this analysis.
---------------------------------------------------------------------------

4. Assumptions
    The key elements used in framing the regulatory evaluation are as 
follows:

 Discount Rates: \47\ 7% and 3%
---------------------------------------------------------------------------

    \47\ Office of Management and Budget, OMB Circular No. A-4, New 
Guidelines for the Conduct of Regulatory Analysis, Mar. 2, 2004.
---------------------------------------------------------------------------

 Period of Analysis: 2015-2024
 Monetary values expressed in 2013 dollars
 Discounting calculations use 2013 as the base year
    Other key assumptions used to complete the regulatory evaluation 
are as follows:

 Pilot Retirement Rate: 2.2%
 Pilot Attrition Rate Due To Medical Reasons: 0.5%
 Pilot Growth Rate: 0.4%
 Ground Instructors Needed: 1 instructor for every 200 pilots
 Class Size: 20 pilots per class
5. Benefits of This Rule
    The benefits of the training in the proposed rule include an 
increased level of safety from mitigation of unprofessional pilot 
behavior which would reduce pilot errors that can lead to a 
catastrophic event. The October 14, 2004 crash of Pinnacle Airlines 
flight 3701 in Jefferson City, Missouri and the February 12, 2009 crash 
of Colgan Air flight 3407 near Buffalo, New York are examples of past 
accidents where unprofessional pilot behavior contributed to the 
accident. In addition the proposed rule responds to NTSB 
recommendations and satisfies the statutory requirement for a 
rulemaking in Public Law 111-216.
    The FAA proposed rule also includes savings from reducing certain 
subjects in pilot recurrent ground training and upgrade training. 
Reducing these subjects would not impact safety because the recent 
Pilot Certification rule ensured technical proficiency in those 
subjects via other means. The savings from recurrent training apply to 
all part 121 air carriers and to carriers who operate within part 135 
and are required to use pilot training and qualification programs that 
comply with part 121 subparts N and O. The savings from upgrade 
training applies only to part 121 air carriers. SICs within part 135 
are not required to hold an ATP certificate or type rating and 
therefore must continue to meet current upgrade requirements. The 
estimated savings from the proposed rule are shown in Table 3 below.

                        Table 3--Savings of the Proposed Rule by Provision (2015-2024) *
----------------------------------------------------------------------------------------------------------------
                                                                   Total cost savings (millions of 2013 dollars)
                                                                 -----------------------------------------------
                      Cost saving benefits                                                 Present value
                                                                 -----------------------------------------------
                                                                       Total         7 Percent       3 Percent
----------------------------------------------------------------------------------------------------------------
Recurrent Ground Training (Sec.   121.427)......................         $52.559         $34.424         $43.486

[[Page 69928]]

 
Upgrade Ground Training (Sec.   121.420)........................          19.458          11.839          15.615
                                                                 -----------------------------------------------
    Total.......................................................          72.017          46.263          59.101
----------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.

6. Costs of This Rule
    This proposed rule would impose two types of compliance costs: (1) 
Start-up costs to develop training curriculums and train the current 
pilot work force prior to the compliance date and (2) recurring costs 
to conduct the training each year as the pilot work force evolves over 
time and to operate the PPDC.
    The costs of the proposed rule are associated with the following 
proposed requirements of the rule:
     Operations familiarization for new-hire pilots;
     Revised ground and flight training for upgrading pilots 
which includes leadership and command and mentoring training;
     Leadership and command and mentoring ground training for 
current PICs;
     Leadership and command and mentoring recurrent training 
for PICs; and
     Pilot Professional Development Committees (PPDC).
    These cost provisions apply to all part 121 air carriers and, with 
the exception of the PPDC, to carriers who operate under part 135 and 
are required to use pilot training and qualification programs that 
comply with part 121 subparts N and O.
    The estimated compliance costs of the proposed rule, by provision, 
are shown in Table 4 below.

                   Table 4--Compliance Costs for the Proposed Rule by Provision (2015-2024) *
----------------------------------------------------------------------------------------------------------------
                                                                     Total compliance costs (millions of 2013
                                                                                     dollars)
                                                                 -----------------------------------------------
                              Cost                                                         Present Value
                                                                 -----------------------------------------------
                                                                       Total         7 Percent       3 Percent
----------------------------------------------------------------------------------------------------------------
New-Hire Pilot Operations Familiarization (Sec.   121.432(d))...          $4.693          $2.855          $3.766
Upgrade Training (Sec.  Sec.   121.420 and 121.426).............          10.178           6.304           8.227
One-Time and Recurrent PIC Training (Sec.  Sec.   121.409(b),             51.815          37.037          44.568
 121.427, and 121.429)..........................................
PPDC Meeting (Sec.   121.17)....................................           0.938           0.572           0.754
Recordkeeping...................................................           0.007           0.006           0.006
                                                                 -----------------------------------------------
    Total.......................................................          67.632          46.774          57.321
----------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.

7. Alternatives Considered
    The FAA considered an alternative to the proposed rulemaking: a 
proposal representing the MLP ARC recommendations as presented to the 
FAA.
    These recommendations, and their corresponding costs, are presented 
in Table 5 below and discussed in further detail in the Pilot 
Professional Development Regulatory Evaluation.

                        Table 5--Estimated Costs of MLP ARC Recommendations (2015-2024) *
----------------------------------------------------------------------------------------------------------------
                                                                      Total costs (millions of 2013 dollars)
                                                                 -----------------------------------------------
                       Proposed provision                                                  Present Value
                                                                 -----------------------------------------------
                                                                       Total         7 Percent       3 Percent
----------------------------------------------------------------------------------------------------------------
Create a Professional Development Position......................        $166.140        $109.056        $137.593
Create a PDSC Program...........................................           0.704           0.615           0.663
Mentor Training for All PICs....................................          37.084          27.899          32.651
Hold Quarterly PDSC Meetings....................................          12.670           8.011          10.332
Additional Indoctrination Training for New-Hire Pilots..........           0.656           0.399           0.526
1 or More Familiarization Flights for New-Hire Pilots **........           4.693           2.855           3.766
32 Hours of Training for SICs Upgrading to PIC..................          39.026          23.745          31.318
Recurrent PIC Training..........................................         238.295         144.987         191.233
                                                                 -----------------------------------------------
    Total.......................................................         499.267         317.567         408.083
----------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.
** FAA estimate is for 2 operating cycles.

[[Page 69929]]

    The cost of the MLP ARC recommendations is substantially greater 
than the cost of the proposed rule. The main drivers of the cost 
differences between the MLP ARC recommendations and the proposed rule 
are the full-time professional development position and the longer 
amount of time required for leadership and command training during 
upgrade training and during PIC recurrent training.
    The FAA carefully considered the MLP ARC recommendations when 
developing the proposed rule and many of the recommendations are 
incorporated into the proposed rule albeit with less prescriptive 
requirements. Specifically, the MLP ARC recommended that the committee 
to oversee pilot professional development meet quarterly while the 
proposed rule does not specify how frequently the committee overseeing 
the formal pilot mentoring program should meet. Further the MLP ARC 
recommended a 32-hour program in leadership and command for upgrading 
pilots. The proposed rule requires leadership and command training for 
upgrading pilots but does not specify a minimum number of hours for 
that training. Relatedly the MLP ARC recommended that the leadership 
and command topics be included in recurrent training over a four-year 
cycle suggesting that the recurrent training would then need to be 
eight hours per year to cover the same material that is included in the 
upgrade training. The proposed rule also includes a requirement to 
include leadership and command training in recurrent training but does 
not specify a minimum number of hours for that training. The FAA does 
not have enough information to quantify the benefits related to 
incremental hours spent in leadership and command training or 
additional committee meetings and therefore leaves the requirements 
flexible so that each air carrier can make a determination based on its 
own circumstances.
    Additional requirements recommended by the MLP ARC are not included 
in the proposed rule for a number of reasons. These reasons include 
redundancy with existing requirements, redundancy in light of 
regulatory changes put in place after the MLP ARC issued its 
recommendations, and identification of alternate (less costly) means to 
achieve desired benefit. A full discussion of the MLP ARC 
recommendations and dissenting views, and the FAA response can be found 
in the portion of this preamble titled ``Background''.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The Small Business Administration (SBA) categorizes airlines with 
1,500 or fewer employees as small businesses. Of the 78 carriers that 
operate under part 121, 52 had fewer than 1,500 total employees based 
on National Vital Information Subsystem (NVIS) data from August 2014. 
Of the three part 135 operators required to use pilot training and 
qualification programs that comply with part 121 subparts N and O, all 
three have fewer than 1,500 total employees based on NVIS data. The 
count of pilots for the 52 small part 121 air carriers and the three 
small part 135 operators is shown in Table 6 below.\48\
---------------------------------------------------------------------------

    \48\ Of these carriers, six use an Advanced Qualification 
Program (AQP) and therefore incur additional costs associated with a 
one-time revision to their Qualification Standards Document. For 
further details see the Paperwork Reduction Act section of this 
document.

          Table 6--Total Number of Impacted Pilots, PICs, and SICs From Small Carriers in 2014 and 2024
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                         Pilot category                          --------------------------------  Annual growth
                                                                       2014            2024             (%)
----------------------------------------------------------------------------------------------------------------
PIC.............................................................           3,176           3,306             0.4
SIC.............................................................           2,643           2,753             0.4
                                                                 -----------------------------------------------
    Total pilots................................................           5,819           6,059             0.4
----------------------------------------------------------------------------------------------------------------

    Based on these pilot counts, the analysis used to conduct the Pilot 
Professional Development Regulatory Evaluation was recalculated to 
analyze the cost to small carriers only. Total cost of the proposed 
rule on small carriers is shown in Table 7 below.

[[Page 69930]]

                    Table 7--Total Cost of the Proposed Rule for Small Carriers (2015-2024) *
----------------------------------------------------------------------------------------------------------------
                                                                     Total costs (millions of 2013 dollars)
                                                              --------------------------------------------------
                                                                                          Present value
                                                              --------------------------------------------------
                                                                    Total          7 Percent        3 Percent
----------------------------------------------------------------------------------------------------------------
Total Compliance Costs.......................................          $6.455           $4.475           $5.476
----------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.

    The total cost of the proposed rule on small carriers, and the 
corresponding per small carrier cost, by provision, is shown in Table 8 
below.

     Table 8--Total and per Carrier Cost of the Proposed Rule for Small Carriers by Provision (2015-2024) *
----------------------------------------------------------------------------------------------------------------
                                                                     Total compliance costs (millions of 2013
                                                                                     dollars)
                              Cost                               -----------------------------------------------
                                                                                     Carriers       Per carrier
                                                                       Total         impacted       total cost
----------------------------------------------------------------------------------------------------------------
New-Hire Pilot Operations Familiarization.......................          $0.354              55          $0.006
Upgrade Training................................................           0.956              55           0.017
One-Time and Recurrent PIC Training.............................           4.518              55           0.082
PPDC Meeting....................................................           0.626              52           0.012
Recordkeeping...................................................           0.001              55           0.000
                                                                 -----------------------------------------------
    Total.......................................................           6.455  ..............           0.118
----------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.

    The total cost per carrier of $118,000 for the proposed rule shown 
in Table 8 above, over the 10-year analysis period, implies an annual 
average per carrier cost of approximately $11,800. However, the highest 
cost to a small carrier occurs in 2016 (see Table 9) when the cost per 
carrier is approximately $41,000 because of the one-time cost to train 
all current PICs in leadership and command and mentoring.

                                  Table 9--Total and Annual Compliance Cost for Small Carriers by Provision (2015-2024)
                                                              [Millions of 2013 dollars] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                PIC leadership
                 Year                       Operations      Revised upgrade    and command and      PPDC annual       Record-keeping      Annual total
                                         familiarization        training          mentoring           meeting
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015..................................             $0.000             $0.004             $0.002             $0.000             $0.000             $0.005
2016..................................              0.000              0.000              0.041              0.000              0.000              0.041
2017..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2018..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2019..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2020..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2021..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2022..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2023..................................             0.0008              0.002              0.005              0.002              0.000              0.009
2024..................................             0.0008              0.002              0.005              0.002              0.000              0.009
                                       -----------------------------------------------------------------------------------------------------------------
    Total.............................              0.006              0.017              0.082              0.012              0.000              0.118
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Table values have been rounded. Totals may not add due to rounding.

    The FAA believes that such an economic cost is not economically 
significant. BTS Form 41 Financial data is available for 31 small air 
carriers.\49\ Operating revenues in 2013 for these 31 operators ranged 
from $2.4 million to $1 billion. Based on these figures, the estimated 
annual per carrier cost of the proposed rule does not exceed 2% of the 
operating revenue for any carrier where data is available. The annual 
cost per small carrier is above 1% of the lowest operating revenue 
($24,000) but below 2% ($48,000). Therefore, as provided in section 
605(b), the head of the FAA certifies that this rulemaking would not 
result in a significant economic impact on a substantial number of 
small entities.
---------------------------------------------------------------------------

    \49\ Bureau of Transportation Statistics Air Carrier Financial 
Reports (Form 41 Financial Data) Database. Schedules P-1.1 and P-
1.2. http://www.transtats.bts.gov/Tables.asp?DB_ID=135&DB_Name=Air%20Carrier%20Financial%20Reports%20%28Form%2041%20Financial%20Data%29&DB_Short_Name=Air%20Carrier%20Financial.
---------------------------------------------------------------------------

    The FAA solicits comments regarding this determination.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub.

[[Page 69931]]

L. 103-465), prohibits Federal agencies from establishing standards or 
engaging in related activities that create unnecessary obstacles to the 
foreign commerce of the United States. Pursuant to these Acts, the 
establishment of standards is not considered an unnecessary obstacle to 
the foreign commerce of the United States, so long as the standard has 
a legitimate domestic objective, such as the protection of safety, and 
does not operate in a manner that excludes imports that meet this 
objective. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed the potential effect of this proposed 
rule and determined that it would respond to a statutorily mandated 
safety objective and is not considered an unnecessary obstacle to the 
foreign commerce of the United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $151.0 million in lieu of $100 
million. This proposed rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed new information 
collection requirements. As required by the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed 
information collection amendments to OMB for its review.
    Summary: The proposed rule requires the development and approval of 
new and revised training curriculums for the following:
     Leadership and command and mentoring ground training for 
pilots currently serving as PIC (Sec.  121.429) and recurrent PIC 
leadership and command and mentoring training (Sec. Sec.  121.409(b) 
and 121.427);
     Upgrade training curriculum requirements (Sec. Sec.  
121.420 and 121.426);
     Part 121 appendix H requirements; and
     Approval of Qualification Standards Document for 
certificate holders using an Advanced Qualification Program (AQP) 
(Sec.  121.909).
    The proposed rule also requires some additional recordkeeping 
related to maintaining records of pilots completing the following:
     Leadership and command and mentoring ground training for 
pilots currently serving as PIC (Sec.  121.429);
     Recurrent PIC leadership and command and mentoring ground 
training (Sec.  121.427); and
     Operations familiarization for new-hire pilots (Sec.  
121.432(d)).
    Use: This information would be used to ensure safety-of-flight by 
making certain that adequate training is obtained and maintained by 
those who operate under this part of the regulation. The FAA would 
review the respondents' training programs and training courseware 
through routine certification, inspection and surveillance of 
certificate holders using part 121 pilot training and qualification 
programs to ensure compliance and adherence to regulations and, where 
necessary, to take enforcement action.
    Respondents (including number of): The relevant provisions of the 
proposed rule apply to certificate holders using part 121 pilot 
training and qualification programs. Currently there are 81 such 
certificate holders who collectively employ 37,228 PICs and 39,956 
SICs.
    Frequency: The development and approval of new and revised 
curriculums would be a one-time occurrence for each certificate holder. 
Similarly the documentation regarding training in leadership and 
command and mentoring for current PICs would be a one-time occurrence. 
The documentation of operations familiarization for new-hire pilots 
would occur once for each new-hire pilot. The documentation of 
recurrent PIC leadership and command and mentoring training would occur 
every three years for each PIC.
    Annual Burden Estimate: These proposed amendments to part 121 set 
out prerequisites and levy requirements that must be met by certificate 
holders using part 121 pilot training and qualification programs and by 
those individuals who serve in given capacities for those certificate 
holders. The estimates for hours and costs are broken down by 
development and approval of new and revised training curriculums 
followed by pilot training recordkeeping.
    The FAA anticipates that certificate holders would incur costs for 
the following groups of provisions:
     Operations familiarization for new-hire pilots (Sec.  
121.432(d));
     Leadership and command and mentoring ground training for 
pilots currently serving as PIC (Sec.  121.429);
     Upgrade training curriculum requirements (Sec. Sec.  
121.420 and 121.426);
     Recurrent PIC leadership and command and mentoring ground 
training (Sec. Sec.  121.409(b) and 121.427);
     Part 121, appendix H requirements; and
     Approval of Qualification Standards Document for 
certificate holders using an AQP (Sec.  121.909).
1. Development and Approval of New and Revised Training Curriculums
    For the development and approval of new and revised training 
curriculums, the FAA estimated the paperwork costs for these provisions 
by multiplying the hourly rate of the person responsible by the number 
of estimated hours to develop and submit the new or revised training 
curriculum. (In all cases we assume that a ground instructor would 
develop and submit the new or revised training curriculum and that the 
ground instructor fully burdened wage is $44 per hour.\50\) We then 
multiplied these costs by the number of certificate holders affected by 
the provision.
---------------------------------------------------------------------------

    \50\ Training instructor hourly wage rate of $31 multiplied by 
1.42 to account for costs of employer provided benefits. Wage based 
on 2013 Bureau of Labor Statistics (BLS) Occupational Employment 
Statistics for Air Transportation Industry. (http://www.bls.gov/oes/current/naics4_481100.htm): Training and Development Specialists 
(13-1151). Wage multiplier from BLS, Employer costs for Employee 
compensation--June 2013, Table 5, Private Industry. (http://www.bls.gov/news.release/pdf/ecec.pdf)
---------------------------------------------------------------------------

a. Leadership and Command and Mentoring Ground Training for Pilots 
Currently Serving as PIC (Sec.  121.429) and Recurrent PIC Leadership 
and Command and Mentoring Training (Sec. Sec.  121.409(b) and 121.427)
    Proposed Sec.  121.429 would require one-time development of a 
training course for leadership and command and mentoring for current 
PICs. This course must be submitted to the FAA for approval.
    Proposed revisions to Sec. Sec.  121.409(b) and 121.427 would 
require one-time

[[Page 69932]]

revision to the certificate holder's approved recurrent PIC training 
curriculum. This revised curriculum must be submitted to the FAA for 
approval.
    The FAA estimates a total of 40 hours of ground instructor time for 
development and submission of both the curriculum for current PICs and 
the revision to the recurrent PIC training curriculum.
    Assuming 81 affected certificate holders, the FAA estimates that 
these proposed provisions would result in a one-time total cost of 
$142,560 for all affected certificate holders.
b. Upgrade Training Curriculum Requirements (Sec. Sec.  121.420 and 
121.426)
    Proposed Sec. Sec.  121.420 and 121.426 would require one time 
revision to the certificate holder's approved SIC to PIC upgrade 
training curriculum. This revised curriculum must be submitted to the 
FAA for approval.
    The FAA estimates a total of 80 hours of ground instructor time for 
development and submission of the revised SIC to PIC upgrade training 
curriculum.
    Assuming 81 affected certificate holders, the FAA estimates that 
these proposed provisions would result in a one-time cost of $285,120 
for all affected certificate holders.
c. Part 121 Appendix H Requirements
    The proposed revision to part 121 appendix H would require one time 
revision to the certificate holder's approved training program to 
remove the pilot experience prerequisites for using a Level C FFS 
during training and checking. This revised training program must be 
submitted to the FAA for approval. The FAA expects that the program 
updates to reflect this change are minimal and are subsumed in the 
paperwork costs for the collective amendments made to the training 
provisions in this proposed rule.
    The FAA estimates there are no costs for this proposed provision.
d. Approval of Qualification Standards Document for Certificate Holders 
Using an AQP (Sec.  121.909)
    Although the proposed rule does not make any changes to Sec.  
121.909, when the new subparts N and O training requirements become 
effective, certificate holders that use AQP would have to review their 
training programs to make sure they address the new subparts N and O 
requirements. It is possible that certificate holders may make a one-
time revision to their Qualifications Standards Document required by 
Sec.  121.909 during this process to address the revised subparts N and 
O requirements.
    This is a cost that only applies to certificate holders that use 
AQP for pilot training because they are the only ones who must meet the 
Sec.  121.909 requirements. Therefore, this provision does not apply to 
certificate holders who only train their pilots under a training 
program in accordance with subparts N and O of part 121.
    For each of the 25 certificate holders with an approved AQP, the 
FAA estimates 3 hours of ground instructor time for development and 
submission of the revised Qualification Standards Document.
    The FAA estimates that this proposed provision would result in one-
time costs of $3,300 across all certificate holders who train their 
pilots under AQP.
2. Recordkeeping
    For the pilot training recordkeeping, the FAA estimated the 
paperwork costs for these provisions by first multiplying the number of 
required entries by the estimated number of pilots affected. Second, we 
multiplied the total number of entries by .001 hours (the time required 
to make each entry). Lastly, we multiplied the total time to make all 
entries by the hourly rate of the person responsible for making the 
entries. In all cases, the FAA assumes that the person making the 
entries is a clerical employee with an estimated fully-burdened wage of 
$26 per hour.\51\
---------------------------------------------------------------------------

    \51\ The clerk hourly wage rate of $18 multiplied by 1.42 to 
account for costs of employer provided benefits. Wage based on 2013 
BLS Occupational Employment Statistics for Air Transportation 
Industry. (http://www.bls.gov/oes/current/naics4_481100.htm): 
Information and Record Clerks (43-4000). Wage multiplier from BLS, 
Employer costs for Employee compensation--June 2013, Table 5, 
Private Industry. (http://www.bls.gov/news.release/pdf/ecec.pdf)
---------------------------------------------------------------------------

a. Leadership and Command and Mentoring Ground Training for Pilots 
Currently Serving as PIC (Sec.  121.429)
    A record showing compliance with this requirement for current PICs 
would need to be retained in accordance with Sec.  121.683(a)(1). This 
would be a one-time burden.
    The FAA assumes that this cost would be incurred in the year prior 
to the compliance date of the rule and estimates that during that year 
37,527 pilots would be affected and would require one record. The FAA 
estimates 38 hours of clerical time for entry of these records.
    The FAA estimates that this proposed provision would add a one-time 
cost of $988 for all affected certificate holders.
b. Recurrent PIC Leadership and Command and Mentoring Ground Training 
(Sec.  121.427)
    A record showing compliance with this requirement for current PICs 
would need to be retained in accordance with Sec.  121.683(a)(1). This 
would be an addition to the current recordkeeping burden approved under 
OMB Control Number 2120-0008.
    PICs are required to complete the recurrent training every 3 years. 
Over the 10 year analysis period, the FAA estimates that there would be 
96,328 instances of PICs undergoing recurrent training involving 
leadership and command and mentoring. Each instance would require one 
record. The FAA estimates 97 hours of clerical time for entry of these 
records.
    The FAA estimates that this proposed provision would result in 
costs of $2,522 over the analysis period for all affected certificate 
holders.
c. Operations Familiarization for New-Hire Pilots (Sec.  121.432(d))
    Section 121.432(d) proposes a new qualification requirement for 
new-hire pilots to complete operations familiarization consisting of 2 
operating cycles. A record showing compliance with this requirement for 
each new-hire pilot would need to be retained in accordance with Sec.  
121.683(a)(1). This would be an addition to the current recordkeeping 
burden approved under OMB Control Number 2120-0008.
    The FAA estimates all affected certificate holders would have a 
total of 19,636 new-hire pilots over the analysis period. Each of the 
estimated 19,636 pilots affected would require one record. The FAA 
estimates 20 hours of clerical time for entry of these records. The FAA 
estimates that this proposed provision would result in costs of $520 
across the analysis period for all affected certificate holders.
3. Summary of Estimated Paperwork Costs
    The total cost burden would be $435,010 ($379,076 discounted at 7 
percent) over the 10-year analysis period.

[[Page 69933]]

                                      Summary of Estimated Paperwork Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of
    Proposed rule requirement        Number of       Number of         Wage         certificate     Total cost
                                      records          hours                          holders
----------------------------------------------------------------------------------------------------------------
                        Development and Approval of New and Revised Training Curriculums
----------------------------------------------------------------------------------------------------------------
Leadership and command and                   N/A              40           * $44              81        $142,560
 mentoring ground training for
 pilots currently serving as PIC
 (Sec.   121.429) and recurrent
 PIC leadership and command and
 mentoring training (Sec.  Sec.
  121.409(b) and 121.427).......
Upgrade training curriculum                  N/A              80            * 44              81         285,120
 (Sec.  Sec.   121.420 and
 121.426).......................
Approval of Qualification                    N/A               3            * 44              25           3,300
 Standards Document (Sec.
 121.909).......................
----------------------------------------------------------------------------------------------------------------
                                                  Recordkeeping
----------------------------------------------------------------------------------------------------------------
Leadership and command and                37,527              38           ** 26             N/A             988
 mentoring ground training for
 pilots currently serving as PIC
 (Sec.   121.429)...............
Recurrent PIC leadership and              96,328              97           ** 26             N/A           2,522
 command and mentoring ground
 training (Sec.   121.427)......
Operations familiarization for            19,636              20           ** 26             N/A             520
 new-hire pilots (Sec.
 121.432(d))....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............             278  ..............  ..............         435,010
----------------------------------------------------------------------------------------------------------------
* Fully burdened hourly wage for ground instructor.
** Fully burdened hourly wage for clerical employee.

    The FAA is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the FAA, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the FAA's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by January 5, 2017. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC 
20053.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action would not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, would not have Federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The FAA has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The FAA also 
invites comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public

[[Page 69934]]

contact with FAA personnel concerning this proposed rulemaking. Before 
acting on this proposal, the FAA will consider all comments it receives 
on or before the closing date for comments. The FAA will consider 
comments filed after the comment period has closed if it is possible to 
do so without incurring expense or delay. The FAA may change this 
proposal in light of the comments it receives.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the FAA does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 91

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Reporting and 
recordkeeping requirements, Safety, Transportation.

14 CFR Part 135

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302.

0
2. Amend Sec.  61.71 by revising paragraph (b)(1) to read as follows:

Sec.  61.71  Graduates of an approved training program other than under 
this part: Special rules.

* * * * *
    (b) * * *
    (1) Satisfactorily accomplished an approved training curriculum and 
a proficiency check for that airplane type that includes all the tasks 
and maneuvers required by Sec. Sec.  121.424 and 121.441 of this 
chapter to serve as pilot in command in operations conducted under part 
121 of this chapter; and
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
3. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).

0
4. Amend Sec.  91.1063 as follows:
0
a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e), 
respectively; and
0
b. Add new paragraph (c).
    The addition reads as follows:

Sec.  91.1063  Testing and training: Applicability and terms used.

* * * * *
    (c) Additional limitations applicable to program managers 
authorized in accordance with paragraph (b) of this section, to comply 
with subparts N and O of part 121 of this chapter instead of Sec. Sec.  
91.1065 through 91.1107 of this part.
    (1) Upgrade training. (i) Each program manager must include in 
upgrade ground training for pilots, instruction in at least the 
subjects identified in Sec.  121.419(a) of this chapter, as applicable 
to their assigned duties; and, for pilots serving in crews of two or 
more pilots, beginning on [24 MONTHS AFTER EFFECTIVE DATE OF FINAL 
RULE], instruction in the subjects identified in Sec.  121.419(c) of 
this chapter.
    (ii) Each program manager must include in upgrade flight training 
for pilots, flight training for the maneuvers and procedures required 
in Sec.  121.424(a), (c), (e) and (f) of this chapter; and, for pilots 
serving in crews of two or more pilots, beginning on [24 MONTHS AFTER 
EFFECTIVE DATE OF FINAL RULE], the flight training required in Sec.  
121.424(b) of this chapter.
    (2) Initial and recurrent leadership and command and mentoring 
training. Program managers are not required to include leadership and 
command training in Sec. Sec.  121.409(b)(2)(ii)(B)(6), 121.419(c)(1), 
121.424(b) and 121.427(d)(1) of this chapter, and mentoring training in 
Sec. Sec.  121.419(c)(2) and 121.427(d)(1) of this chapter in initial 
and recurrent training for pilots in command who serve in operations 
that use only one pilot.
    (3) One-time leadership and command and mentoring training. Section 
121.429 of this chapter does not apply to program managers conducting 
operations under this subpart when those operations use only one pilot.
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
5. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 
note).

[[Page 69935]]

0
6. Add Sec.  121.17 to subpart A to read as follows:

Sec.  121.17  Pilot Professional Development Committee.

    (a) Each certificate holder conducting operations under this part 
must establish and maintain a pilot professional development committee 
to develop, administer, and oversee a formal pilot mentoring program.
    (b) The pilot professional development committee must consist of at 
least the following individuals:
    (1) One certificate holder management representative who has 
completed at least one year of service as a pilot in command in part 
121 operations and is qualified through training, experience, and 
expertise.
    (2) One representative of the pilots employed by the certificate 
holder.
    (c) The pilot professional development committee must hold its 
first meeting no later than [24 MONTHS AFTER EFFECTIVE DATE OF FINAL 
RULE]. Thereafter, the pilot professional development committee must 
meet on a regular basis. The committee must meet with sufficient 
frequency to accomplish its objectives but not less than once every 12 
calendar months.
0
7. Amend Sec.  121.400 as follows:
0
a. Revise paragraph (a);
0
b. Revise paragraph (c)(3);
0
c. Redesignate paragraphs (c)(4) through (c)(11) as paragraphs (c)(5) 
through (c)(12), respectively; and
0
d. Add new paragraph (c)(4).
    The revisions and addition read as follows:

Sec.  121.400  Applicability and terms used.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for establishing and maintaining a training program 
for crewmembers, aircraft dispatchers, and other operations personnel, 
and for the approval and use of flight simulation training devices and 
training equipment in the conduct of the program.
* * * * *
    (c) * * *
    (3) Upgrade training. The training required for flightcrew members 
who have qualified and served as second in command on a particular 
airplane type, before they serve as pilot in command on that airplane.
    (4) Conversion training. The training required for flightcrew 
members who have qualified and served as flight engineer on a 
particular airplane type, before they serve as second in command on 
that airplane.
* * * * *
0
8. Amend Sec.  121.401 by revising paragraph (a)(4) to read as follows:

Sec.  121.401  Training program: General

    (a) * * *
    (4) Provide enough flight instructors and approved check airmen to 
conduct required flight training and checks required under this part.
* * * * *

Sec.  121.403  [Amended]

0
9. In Sec.  121.403 in paragraph (b)(4), remove the words ``airplane 
simulators or other'' and add, in their place, the words ``flight 
simulation.''

Sec.  121.407  [Amended]

0
10. Amend Sec.  121.407 as follows:
0
a. In the section heading, remove the words ``airplane simulators and 
other'' and add, in their place, the words ``flight simulation'';
0
b. In paragraph (a) introductory text, remove the words ``airplane 
simulator and other training device'' and add, in their place, the word 
``FSTD'';
0
c. In paragraph (b), remove the words ``airplane simulator or other 
training device'' and add, in their place, the word ``FSTD'';
0
d. In paragraph (c) introductory text, remove the words ``An airplane 
simulator'' and add, in their place, the words ``A Level B or higher 
FFS'', remove the word ``in-flight'' and add, in its place, the word 
``inflight'', and remove the word ``simulator'' and add, in its place, 
the word ``FFS'';
0
f. In paragraph (c)(2), add a comma after ``Sec.  121.424(a) and (c)'' 
and add ``Sec.  121.426,'' after the comma; and
0
g. In paragraphs (d) and (e), remove the words ``airplane simulator'' 
and add, in their place, the word ``FFS''.
0
11. Amend Sec.  121.409 as follows:
0
a. In the section heading, remove the words ``airplane simulators and 
other'' and add, in their place, the words ``flight simulation'';
0
b. In paragraph (a), remove the words ``airplane simulators and other 
training devices'' and add, in their place, the word ``FSTDs'';
0
c. In paragraphs (b) introductory text, (b)(1) and (c)(1), remove the 
words ``airplane simulator'' and add, in their place, the word ``FFS'';
0
d. In paragraph (b)(2)(ii)(B)(4), remove the word ``and'' at the end of 
the paragraph;
0
e. In paragraph (b)(2)(ii)(B)(5), remove the period at the end of the 
paragraph and add, in its place, ``; and'';
0
f. Add paragraph (b)(2)(ii)(B)(6);
0
g. Remove the floating paragraph that follows paragraph (b)(3);
0
h. In paragraph (c)(2), remove the words ``airplane simulator or other 
training device'' and add, in their place, the word ``FSTD''; and
0
i. In paragraph (d), in the first sentence, remove the word 
``simulator'' and add, in its place, the word ``FFS'', and in the 
second sentence, add ``121.426,'' after ``121.424'' and before ``and 
121.427''.
    The addition reads as follows:

Sec.  121.409  Training courses using flight simulation training 
devices.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (6) Provides an opportunity for each pilot in command to 
demonstrate leadership and command skills.
* * * * *

Sec.  121.411  [Amended]

0
12. Amend Sec.  121.411 as follows:
0
a. In paragraphs (a)(1), (a)(2), (f)(1), and (f)(2), remove the words 
``flight simulator'' and add, in their place, the words ``full flight 
simulator''; and
0
b. In paragraph (b)(4), remove the word ``in-flight'' and add, in its 
place, the word ``inflight''.

Sec.  121.412   [Amended]

0
13. Amend Sec.  121.412 as follows:
0
a. In paragraphs (a)(1), (a)(2), (f)(1), and (f)(2), remove the words 
``flight simulator'' and add, in their place, the words ``full flight 
simulator''; and
0
b. In paragraph (b)(4), remove the word ``in-flight'' and add, in its 
place, the word ``inflight''.

Sec.  121.413  [Amended]

0
14. Amend Sec.  121.413 as follows:
0
a. In paragraphs (a)(2), (c)(7) introductory text, (c)(7)(iv), (d)(2) 
introductory text, (d)(2)(iv), (f), (g) introductory text, (g)(1), 
(g)(2) and (h), remove the words ``flight simulator'' and add, in their 
place, the words ``full flight simulator''; and
0
b. In paragraph (f), remove the words ``in flight'' and add, in their 
place, the word ``inflight''.

Sec.  121.414  [Amended]

0
15. Amend Sec.  121.414 as follows:
0
a. In paragraphs (a)(2), (c)(8) introductory text, (c)(8)(iv), (d)(2) 
introductory text, (d)(2)(iv), (f), (g) introductory text, (g)(1), 
(g)(2), and (h), remove the words ``flight simulator'' and add, in 
their place, the words ``full flight simulator'';
0
b. In paragraph (e)(3)(i), remove the word ``In-flight'' and add, in 
its place, the word ``Inflight''; and
0
c. In paragraph (f), remove the words ``in flight'' and add, in their 
place, the word ``inflight''.
0
16. Amend Sec.  121.415 as follows:
0
a. In paragraph (b), remove the reference to ``121.425'' and add, in 
its place, ``121.426'';

[[Page 69936]]

0
b. Revise paragraph (e);
0
c. Redesignate paragraphs (f) through (j) as paragraphs (g) through 
(k), respectively;
0
d. Add new paragraph (f);
0
e. Revise newly redesignated paragraph (g);
0
f. Revise newly redesignated paragraph (h) introductory text;
0
g. In newly redesignated paragraph (j) remove the reference to 
``paragraph (h)'' and add in its place ``paragraph (i)''; and
0
h. In newly redesignated paragraph (k) remove the references to 
``paragraphs (h) and (i)'' and add in their place, ``paragraphs (i) and 
(j)''.
    The revisions and addition read as follows:

Sec.  121.415  Crewmember and dispatcher training program requirements.

* * * * *
    (e) Upgrade training. (1) Upgrade training as specified in 
Sec. Sec.  121.420 and 121.426 of this part for a particular type 
airplane may be included in the training program for flightcrew members 
who have qualified and served as second in command pilot on that 
airplane; or
    (2) Before [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], upgrade 
training as specified in Sec. Sec.  121.419 and 121.424 of this part 
for a particular type airplane may be included in the training program 
for flightcrew members who have qualified and served as second in 
command pilot on that airplane.
    (f) Conversion training as specified in Sec. Sec.  121.419 and 
121.424 of this part for a particular type airplane may be included in 
the training program for flightcrew members who have qualified and 
served as flight engineer on that airplane.
    (g) Particular subjects, maneuvers, procedures, or parts thereof 
specified in Sec. Sec.  121.419, 121.420, 121.421, 121.422, 121.424, 
121.425 and 121.426 of this part for transition, conversion or upgrade 
training, as applicable, may be omitted, or the programmed hours of 
ground instruction or inflight training may be reduced, as provided in 
Sec.  121.405 of this part.
    (h) In addition to initial, transition, conversion, upgrade, 
recurrent and differences training, each training program must also 
provide ground and flight training, instruction, and practice as 
necessary to insure that each crewmember and dispatcher--
* * * * *

Sec.  121.417  [Amended]

0
17. In 14 CFR 121.417(b)(3)(ii), remove the words ``in flight'' and add 
in their place, the word ``inflight''.
0
18. Amend Sec.  121.418 by revising paragraphs (a)(2) and (c) to read 
as follows:

Sec.  121.418  Differences training and related aircraft differences 
training.

    (a) * * *
    (2) Differences training for all variations of a particular type 
airplane may be included in initial, transition, conversion, upgrade, 
and recurrent training for the airplane.
* * * * *
    (c) Approved related aircraft differences training. Approved 
related aircraft differences training for flightcrew members may be 
included in initial, transition, conversion, upgrade and recurrent 
training for the base aircraft. If the certificate holder's approved 
training program includes related aircraft differences training in 
accordance with paragraph (b) of this section, the training required by 
Sec. Sec.  121.419, 121.420, 121.424, 121.425, 121.426 and 121.427 of 
this part, as applicable to flightcrew members, may be modified for the 
related aircraft.
0
19. Amend Sec.  121.419 as follows:
0
a. Revise the section heading;
0
b. Revise paragraph (a) introductory text;
0
c. Revise paragraph (b) introductory text;
0
d. Redesignate paragraphs (c) through (e) as paragraphs (d) through 
(f), respectively;
0
e. Add new paragraph (c);
0
f. In newly redesignated paragraph (f)(2) remove the reference, 
``paragraphs (c) and (d)'' and add in its place, ``paragraphs (d) and 
(e)''; and
0
g. Add paragraph (g).
    The revisions and additions read as follows:

Sec.  121.419  Pilots and flight engineers: Initial, transition, and 
conversion ground training and before [24 MONTHS AFTER EFFECTIVE DATE 
OF FINAL RULE], upgrade ground training.

    (a) Except as provided in paragraph (b) of this section, initial, 
conversion, and upgrade ground training for pilots and initial and 
transition ground training for flight engineers, must include 
instruction in at least the following as applicable to their assigned 
duties:
* * * * *
    (b) Initial and conversion ground training for pilots who have 
completed the airline transport pilot certification training program in 
Sec.  61.156 of this chapter, and transition ground training for 
pilots, must include instruction in at least the following as 
applicable to their assigned duties:
* * * * *
    (c) Beginning on [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], 
and in addition to the requirements in paragraphs (a) or (b) of this 
section, as applicable, initial ground training for pilots in command 
must include instruction on the following:
    (1) Leadership and command, including flightcrew member duties 
under Sec.  121.542 of this part; and
    (2) Mentoring, including techniques for instilling and reinforcing 
the highest standards of technical performance, airmanship, and 
professionalism in newly employed pilots.
* * * * *
    (f) * * *
    (1) * * *
    (2) Beginning March 12, 2019, initial programmed hours applicable 
to pilots as specified in paragraphs (d) and (e) of this section must 
include 2 additional hours.
    (g) Before [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE] upgrade 
ground training must include either the instruction specified in 
paragraph (a) of this section or the instruction specified in Sec.  
121.420 of this part. Beginning on [24 MONTHS AFTER EFFECTIVE DATE OF 
FINAL RULE], upgrade ground training must include the instruction 
specified in Sec.  121.420 of this part.
0
20. Add Sec.  121.420 to read as follows:

Sec.  121.420  Pilots: Upgrade ground training.

    (a) Upgrade ground training must include instruction in at least 
the following subjects as applicable to the duties assigned to the 
pilot in command:
    (1) Seat dependent procedures, as applicable;
    (2) Duty position procedures, as applicable;
    (3) Leadership and command, including flightcrew member duties 
under Sec.  121.542 of this part;
    (4) Crew resource management, including decision making, authority 
and responsibility and conflict resolution; and
    (5) Mentoring, including techniques for reinforcing the highest 
standards of technical performance, airmanship and professional 
development in newly employed pilots.
    (b) Compliance date. Beginning on [24 MONTHS AFTER EFFECTIVE DATE 
OF FINAL RULE], upgrade ground training must satisfy the requirements 
of this section.

Sec.  121.423  [Amended]

0
21. In the Sec.  121.423 section heading, remove the word ``Pilot'' and 
add, in its place, the word ``Pilots''.

[[Page 69937]]

0
22. Amend Sec.  121.424 as follows:
0
a. Revise section heading;
0
b. Revise paragraph (a) introductory text;
0
c. Redesignate paragraphs (b) through (e) as paragraphs (c) through 
(f), respectively;
0
d. Add new paragraph (b);
0
e. In newly redesignated paragraph (c)(1), remove the words ``a 
simulator'' and add, in their place, the words ``an FFS'';
0
f. In newly redesignated paragraph (c)(3), remove the words ``an 
airplane simulator, an appropriate training device,'' and add in their 
place, the words ``an FFS, an FTD,'';
0
g. In newly redesignated paragraph (d) introductory text remove the 
reference ``paragraph (d)'' and add in its place the reference, 
``paragraph (e)'';
0
h. In newly redesignated paragraph (e) introductory text remove the 
words ``airplane simulator'' and add in their place the word, ``FFS'';
0
i. Revise newly redesignated paragraphs (e)(1)(i) and (ii);
0
j. In paragraph (e)(2), remove the words ``airplane simulator'' and add 
in their place the word ``FFS''; and
0
k. Add paragraph (g).
    The revisions and additions read as follows:

Sec.  121.424  Pilots: Initial, transition, and conversion flight 
training and before [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], 
upgrade flight training.

    (a) Initial, transition, conversion, and upgrade flight training 
for pilots must include the following:
* * * * *
    (b) Beginning on [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], in 
addition to the requirements in paragraph (a) of this section, initial 
flight training for pilots in command must include sufficient scenario 
based training incorporating CRM and leadership and command skills, to 
ensure the pilot's proficiency as pilot in command. The training 
required by this paragraph may be completed inflight or in an FSTD.
* * * * *
    (e) * * *
    (1) * * *
    (i) Training and practice in the FFS in at least all of the 
maneuvers and procedures set forth in appendix E to this part for 
initial flight training that are capable of being performed in an FFS; 
and
    (ii) A proficiency check in the FFS or the airplane to the level of 
proficiency of a pilot in command or second in command, as applicable, 
in at least the maneuvers and procedures set forth in appendix F to 
this part that are capable of being performed in an FFS.
* * * * *
    (g) Before [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE] upgrade 
flight training must be provided in accordance with either this section 
or Sec.  121.426 of this part. Beginning on [24 MONTHS AFTER EFFECTIVE 
DATE OF FINAL RULE], upgrade flight training must be provided as 
specified in Sec.  121.426 of this part.

Sec.  121.425  [Amended]

0
23. Amend Sec.  121.425 as follows:
0
a. In paragraphs (a)(1) and (a)(2)(iii), remove the comma after the 
word, ``inflight'' and remove the words ``in an airplane simulator, or 
in a training device'' and add, in their place, the words ``or in an 
FSTD'';
0
b. Designate the paragraph that follows paragraph (a)(2)(iii) as (a)(3) 
and remove the words ``airplane simulator'' and add, in their place, 
the word ``FFS''; and
0
c. In paragraph (c), remove the words ``airplane simulator or other 
training device'' and add, in their place, the word ``FSTD'' and remove 
the words ``simulator or other training device'' and add, in their 
place, ``FSTD''.
0
24. Add Sec.  121.426 to read as follows:

Sec.  121.426  Pilots: Upgrade flight training.

    (a) Upgrade flight training for pilots must include the following:
    (1) Seat dependent maneuvers and procedures, as applicable;
    (2) Duty position maneuvers and procedures, as applicable;
    (3) Extended envelope training set forth in Sec.  121.423 of this 
part;
    (4) Maneuvers and procedures set forth in the certificate holder's 
low altitude windshear flight training program;
    (5) Sufficient scenario based training incorporating CRM and 
leadership and command skills, to ensure the pilot's proficiency as 
pilot in command; and
    (6) Sufficient training to ensure the pilot's knowledge and skill 
with respect to the following:
    (i) The airplane, its systems and components;
    (ii) Proper control of airspeed, configuration, direction, altitude 
and attitude in accordance with the Airplane Flight Manual, the 
certificate holder's operations manual, checklists or other approved 
material appropriate to the airplane type; and
    (iii) Compliance with ATC, instrument procedures, or other 
applicable procedures.
    (b) The training required by paragraph (a) of this section must be 
performed inflight except--
    (1) That windshear maneuvers and procedures must be performed in an 
FFS in which the maneuvers and procedures are specifically authorized 
to be accomplished;
    (2) That the extended envelope training required by Sec.  121.423 
must be performed in a Level C or higher FFS unless the Administrator 
has issued to the certificate holder a deviation in accordance with 
Sec.  121.423(e); and
    (3) To the extent that certain other maneuvers and procedures may 
be performed in an FFS, an FTD, or a static airplane as permitted in 
appendix E to this part.
    (c) If the certificate holder's approved training program includes 
a course of training utilizing an FFS under Sec.  121.409(c) and (d) of 
this part, each pilot must successfully complete--
    (1) With respect to Sec.  121.409(c) of this part--A proficiency 
check in the FFS or the airplane to the level of proficiency of a pilot 
in command in at least the maneuvers and procedures set forth in 
appendix F to this part that are capable of being performed in an FFS.
    (2) With respect to Sec.  121.409(d) of this part, training and 
practice in at least the maneuvers and procedures set forth in the 
certificate holder's approved low-altitude windshear flight training 
program that are capable of being performed in an FFS in which the 
maneuvers and procedures are specifically authorized.
    (d) Compliance dates. Beginning on [24 MONTHS AFTER EFFECTIVE DATE 
OF FINAL RULE], upgrade flight training must satisfy the requirements 
of this section, except for the extended envelope training in paragraph 
(a)(3) and (b)(2) of this section. Upgrade flight training must include 
the requirements of paragraph (a)(3) and (b)(2) beginning on March 12, 
2019.
0
25. Amend Sec.  121.427 as follows:
0
a. In paragraph (a), remove the words ``crew member'' and add, in their 
place, the word ``crewmember'';
0
b. Revise paragraph (b)(2);
0
c. Revise paragraph (b)(4);
0
d. Revise paragraph (c) introductory text;
0
e. Redesignate paragraphs (c)(1), (c)(2), and (c)(3) as paragraphs 
(c)(2), (c)(3), and (c)(4), respectively;
0
f. Add new paragraph (c)(1);
0
g. In newly redesignated paragraph (c)(2), remove the words ``pilots 
and'';
0
h. Redesignate paragraphs (d) and (e) as paragraphs (e) and (f), 
respectively;
0
i. Add new paragraph (d);
0
j. Revise newly redesignated paragraph (e)(1)(ii);
0
k. Revise newly redesignated paragraph (e)(2)(ii); and
0
l. Revise newly redesignated paragraph (f)(1).

[[Page 69938]]

    The revisions and additions read as follows:

Sec.  121.427  Recurrent training.

* * * * *
    (b) * * *
    (2) Instruction as necessary in the following:
    (i) For pilots, the subjects required for ground training by 
Sec. Sec.  121.415(a)(1), (a)(3), and (a)(4) and 121.419(b);
    (ii) For flight engineers, the subjects required for ground 
training by Sec. Sec.  121.415(a)(1), (a)(3), and (a)(4) and 
121.419(a);
    (iii) For flight attendants, the subjects required for ground 
training by Sec. Sec.  121.415(a)(1), (a)(3), and (a)(4) and 
121.421(a); and
    (iv) For aircraft dispatchers, the subjects required for ground 
training by Sec. Sec.  121.415(a)(1) and (a)(4) and 121.422(a).
* * * * *
    (4) For crewmembers, CRM training and for aircraft dispatchers, DRM 
training. For flightcrew members, CRM training or portions thereof may 
be accomplished during an approved FFS line-oriented flight training 
(LOFT) session.
    (c) Recurrent ground training for crewmembers and dispatchers must 
consist of at least the following programmed hours of instruction in 
the required subjects specified in paragraph (b) unless reduced under 
Sec.  121.405:
    (1) For pilots--
    (i) Group I reciprocating powered airplanes, 15 hours;
    (ii) Group I turbopropeller powered airplanes, 19 hours; and
    (iii) Group II airplanes, 24 hours.
* * * * *
    (d) Recurrent ground training for pilots serving as pilot in 
command.
    (1) Within 36 months preceding service as pilot in command, each 
person must complete ground training on leadership and command, 
including instruction on flightcrew member duties under Sec.  121.542 
of this part, and mentoring. This training is in addition to the ground 
training required in paragraph (b) of this section and the programmed 
hours required in paragraph (c) of this section.
    (2) The requirements of paragraph (d)(1) do not apply until after a 
pilot has completed ground training on leadership and command and 
mentoring, as required by Sec. Sec.  121.419, 121.420 and 121.429 of 
this part, as applicable.
    (e) * * *
    (1) * * *
    (ii) Flight training in an approved FFS in maneuvers and procedures 
set forth in the certificate holder's approved low-altitude windshear 
flight training program and flight training in maneuvers and procedures 
set forth in appendix F to this part, or in a flight training program 
approved by the Administrator, except as follows--
* * * * *
    (2) * * *
    (ii) The flight check, other than the preflight inspection, may be 
conducted in an FSTD. The preflight inspection may be conducted in an 
airplane, or by using an approved pictorial means that realistically 
portrays the location and detail of preflight inspection items and 
provides for the portrayal of abnormal conditions. Satisfactory 
completion of an approved line-oriented flight training may be 
substituted for the flight check.
    (f) * * *
    (1) Compliance with the requirements identified in paragraph 
(e)(1)(i) of this section is required no later than March 12, 2019.
* * * * *
0
26. Add Sec.  121.429 to subpart N to read as follows:

Sec.  121.429  Pilots in command: Leadership and command and mentoring 
training.

    (a) Beginning on [24 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], no 
certificate holder may use a pilot as pilot in command in an operation 
under this part unless the pilot has completed the following ground 
training in accordance with the certificate holder's approved training 
program:
    (1) Leadership and command training in Sec.  121.419(c)(1) of this 
part and mentoring training in Sec.  121.419(c)(2) of this part; or
    (2) Leadership and command training in Sec.  121.420(a)(3) of this 
part and mentoring training in Sec.  121.420(a)(5) of this part.
    (b) Credit for training provided by the certificate holder.
    (1) The Administrator may credit leadership and command training 
and mentoring training completed by the pilot, with that certificate 
holder, prior to [60 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN 
THE Federal Register], toward all or part of the training required by 
paragraph (a) of this section.
    (2) In granting credit for the training required by paragraph (a) 
of this section, the Administrator may consider training aids, devices, 
methods and procedures used by the certificate holder in voluntary 
leadership and command and mentoring instruction.
0
27. Amend Sec.  121.431 by revising paragraph (a)(1) to read as 
follows:

Sec.  121.431  Applicability.

    (a) * * *
    (1) Prescribes crewmember qualifications for all certificate 
holders except where otherwise specified; and
* * * * *
0
28. Amend Sec.  121.432 by revising paragraph (a) and adding new 
paragraph (d) to read as follows:

Sec.  121.432  General.

    (a) Except in the case of operating experience under Sec.  121.434 
of this part and ground training for leadership and command and 
mentoring required by Sec. Sec.  121.419, 121.420, 121.427 and 121.429 
of this part, as applicable, a pilot who serves as second in command of 
an operation that requires three or more pilots must be fully qualified 
to act as pilot in command of that operation.
* * * * *
    (d) Operations familiarization. (1) Applicability. The operations 
familiarization requirements in paragraph (d)(2) of this section apply 
to all persons newly employed by the certificate holder to serve as a 
pilot in part 121 operations and who began the certificate holder's 
basic indoctrination ground training on or after [24 MONTHS AFTER 
EFFECTIVE DATE OF FINAL RULE].
    (2) Operations familiarization requirements. (i) No certificate 
holder may use, and no person may serve as, a pilot in operations under 
this part unless that person has completed the operations 
familiarization required by paragraph (d)(2) of this section.
    (ii) Operations familiarization must include at least two operating 
cycles conducted by the certificate holder in accordance with the 
operating rules of this part.
    (iii) All pilots completing operations familiarization must occupy 
the observer seat on the flight deck and have access to and use an 
operational headset.
    (3) Deviation. (i) A certificate holder who operates an aircraft 
that does not have an observer seat on the flight deck may submit a 
request to the Administrator for approval of a deviation from the 
requirements of paragraphs (d)(1) and (d)(2) of this section.
    (ii) A request for deviation from any of the requirements in 
paragraphs (d)(1) and (d)(2) of this section must include the following 
information:
    (A) The total number and types of aircraft operated by the 
certificate holder in operations under this part that do not have an 
observer seat on the flight deck;

[[Page 69939]]

    (B) The total number and types of aircraft operated by the 
certificate holder in operations under this part that do have an 
observer seat on the flight deck; and
    (C) Alternative methods for achieving the objectives of this 
section.
    (iii) A certificate holder may request an extension of a deviation 
issued under this section.
    (iv) Deviations or extensions to deviations will be issued for a 
period not to exceed 12 months.
0
29. Amend Sec.  121.433 as follows:
0
a. Revise paragraph (a)(2); and
0
b. In paragraph (c)(2), remove the word ``simulator'' and add, in its 
place, the word ``FFS''.
    The revision reads as follows:

Sec.  121.433  Training required.

    (a) * * *
    (2) Crewmembers who have qualified and served as second in command 
or flight engineer on a particular type airplane may serve as pilot in 
command or second in command, respectively, upon completion of upgrade 
or conversion training, as applicable, for that airplane as provided in 
Sec.  121.415.
* * * * *
0
30. Amend Sec.  121.434 as follows:
0
a. Redesignate paragraph (b)(3) as paragraph (b)(4);
0
b. Add new paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), remove the words ``in 
flight'' and add, in their place, the word ``inflight'';
0
d. In paragraph (c)(1)(ii), revise the first sentence; and
0
e. In paragraph (c)(3)(iii), remove the words ``airplane simulator'' 
and add, in their place, the words ``FFS''.
    The addition and revision read as follows:

Sec.  121.434  Operating experience, operating cycles, and 
consolidation of knowledge and skills.

* * * * *
    (b) * * *
    (3) In the case of a pilot who satisfactorily completed the 
preflight visual inspection of an aircraft by pictorial means during a 
proficiency check, the pilot must also demonstrate proficiency to a 
check pilot on at least one complete preflight visual inspection of the 
interior and exterior of a static airplane. This demonstration of 
proficiency must be completed by the pilot and certified by the check 
pilot before the completion of operating experience.
* * * * *
    (c) * * *
    (1) * * *
    (ii) For a qualifying pilot in command completing initial or 
upgrade training specified in Sec. Sec.  121.424 or 121.426 of this 
part, be observed in the performance of prescribed duties by an FAA 
inspector during at least one flight leg which includes a takeoff and 
landing.
* * * * *
0
31. Amend Sec.  121.439 as follows:
0
a. Revise paragraphs (a), (b) introductory text and (b)(1);
0
b. Remove and reserve paragraph (c);
0
c. Revise paragraphs (d) and (e); and
0
d. In paragraph (f)(2)(ii) remove the word ``reestablish'' and add, in 
its place, the word ``re-establish''.
    The revisions read as follows:

Sec.  121.439  Pilot qualification: Recent experience.

    (a) No certificate holder may use any person nor may any person 
serve as a required pilot flightcrew member, unless within the 
preceding 90 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 
Level B or higher FFS approved under Sec.  121.407 to include takeoff 
and landing maneuvers. In addition, any person who fails to make the 
three required takeoffs and landings within any consecutive 90-day 
period must re-establish recency of experience as provided in paragraph 
(b) of this section.
    (b) In addition to meeting all applicable training and checking 
requirements of this part, a required pilot flightcrew member who has 
not met the requirements of paragraph (a) of this section must re-
establish recency of experience as follows:
    (1) Under the supervision of a check airman, make at least three 
takeoffs and landings in the type airplane in which that person is to 
serve or in a Level B or higher FFS.
* * * * *
    (c) [Reserved]
    (d) When using an FFS to accomplish any of the requirements of 
paragraphs (a) or (b) of this section, each required flightcrew member 
position must be occupied by an appropriately qualified person and the 
FFS must be operated as if in a normal inflight environment without use 
of the repositioning features of the FFS.
    (e) A check airman who observes the takeoffs and landings 
prescribed in paragraph (b)(1) of this section shall certify that the 
person being observed is proficient and qualified to perform flight 
duty in operations under this part and may require any additional 
maneuvers that are determined necessary to make this certifying 
statement.
0
32. Amend Sec.  121.441 as follows:
0
a. In paragraphs (a) introductory text, (a)(1)(i)(B), (a)(1)(ii)(B), 
and (a)(2)(ii), remove the word ``simulator'' and add, in its place, 
the word ``FFS'';
0
b. In paragraph (a)(2)(i), remove the word ``simulator'' and add, in 
its place, the word ``flight'';
0
c. In paragraph (c) remove the words, ``airplane simulator or other 
appropriate training device'' and add, in their place, the words ``FFS 
or FTD'';
0
d. Revise paragraph (d); and
0
e. Remove the floating paragraph that follows paragraph (e).
    The revision reads as follows:

Sec.  121.441  Proficiency checks.

* * * * *
    (d) A person giving a proficiency check may, in his discretion, 
waive any of the maneuvers or procedures for which a specific waiver 
authority is set forth in appendix F to this part if the conditions in 
paragraphs (d)(1) through (3) of this section are satisfied:
    (1) The Administrator has not specifically required the particular 
maneuver or procedure to be performed.
    (2) The pilot being checked is, at the time of the check, employed 
by a certificate holder as a pilot.
    (3) The pilot being checked meets one of the following conditions:
    (i) The pilot is currently qualified for operations under this part 
in the particular type airplane and flightcrew member position.
    (ii) The pilot has, within the preceding six calendar months, 
satisfactorily completed an approved training curriculum, except for an 
upgrade training curriculum in accordance with Sec. Sec.  121.420 and 
121.426 of this part, for the particular type airplane.
* * * * *
0
33. Revise appendix E to read as follows:

Appendix E to Part 121--Flight Training Requirements

    The maneuvers and procedures required by Sec.  121.424 of this 
part for pilot initial, transition, and conversion flight training 
are set forth in the certificate holder's approved low-altitude 
windshear flight training program, Sec.  121.423 extended envelope 
training, and in this appendix. The maneuvers and procedures 
required for upgrade training in accordance with Sec.  121.424 of 
this part are set forth in this appendix and in the certificate 
holder's approved low-altitude windshear flight training program and 
Sec.  121.423 extended envelope training. For the maneuvers and 
procedures required for upgrade training in accordance with Sec.  
121.426, this appendix

[[Page 69940]]

designates the airplane or FSTD, as appropriate, that may be used.
    All required maneuvers and procedures must be performed inflight 
except that windshear and extended envelope training maneuvers and 
procedures must be performed in a full flight simulator (FFS) in 
which the maneuvers and procedures are specifically authorized to be 
accomplished. Certain other maneuvers and procedures may be 
performed in an FFS, a flight training device (FTD), or a static 
airplane as indicated by the appropriate symbol in the respective 
column opposite the maneuver or procedure.
    Whenever a maneuver or procedure is authorized to be performed 
in an FTD, it may be performed in an FFS, and in some cases, a 
static airplane. Whenever the requirement may be performed in either 
an FTD or a static airplane, the appropriate symbols are entered in 
the respective columns.
    A Level B or higher FFS may be used instead of the airplane to 
satisfy the inflight requirements if the FFS is approved under Sec.  
121.407 of this part and is used as part of an approved program that 
meets the requirements for an Advanced Simulation Training Program 
in appendix H of this part.
    For the purpose of this appendix, the following symbols mean--

I = Pilot in Command (PIC) and Second in Command (SIC) initial 
training
T = PIC and SIC transition training
U = SIC to PIC upgrade training
C = Flight engineer (FE) to SIC conversion training

----------------------------------------------------------------------------------------------------------------
                                       Inflight         Static airplane           FFS                 FTD
----------------------------------------------------------------------------------------------------------------
As appropriate to the airplane
 and the operation involved,
 flight training for pilots
 must include the following
 maneuvers and procedures.
I. Preflight:
    (a) Visual inspection of     ...................  I, T, U, C........
     the exterior and interior
     of the airplane, the
     location of each item to
     be inspected, and the
     purpose for inspecting it.
     The visual inspection may
     be conducted using an
     approved pictorial means
     that realistically
     portrays the location and
     detail of visual
     inspection items and
     provides for the portrayal
     of normal and abnormal
     conditions.
    (b) Use of the prestart      ...................  ..................  I, T, U, C........
     checklist, appropriate
     control system checks,
     starting procedures, radio
     and electronic equipment
     checks, and the selection
     of proper navigation and
     communications radio
     facilities and frequencies
     prior to flight.
    (c)(1) Before March 12,      I, T, U, C.........
     2019, taxiing, sailing,
     and docking procedures in
     compliance with
     instructions issued by ATC
     or by the person
     conducting the training.
        (2) Taxiing. Beginning
         March 12, 2019, this
         maneuver includes the
         following:.
            (i) Taxiing,         I, T, U, C.........
             sailing, and
             docking procedures
             in compliance with
             instructions
             issued by ATC or
             by the person
             conducting the
             training.
            (ii) Use of airport  I, T, U, C.........
             diagram (surface
             movement chart).
            (iii) Obtaining      I, T, U, C.........
             appropriate
             clearance before
             crossing or
             entering active
             runways.
            (iv) Observation of  I, T, U, C.........
             all surface
             movement guidance
             control markings
             and lighting.
            (d)(1) Before March  ...................  ..................  I, T, U, C........
             12, 2019, pre-
             takeoff checks
             that include
             powerplant checks.
        (2) Beginning March 12,  ...................  ..................  I, T, U, C........
         2019, pre-takeoff
         procedures that
         include powerplant
         checks, receipt of
         takeoff clearance and
         confirmation of
         aircraft location, and
         FMS entry (if
         appropriate) for
         departure runway prior
         to crossing hold short
         line for takeoff.
II. Takeoffs:
Training in takeoffs must
 include the types and
 conditions listed below but
 more than one type may be
 combined where appropriate:
    (a) Normal takeoffs which,   I, T, U, C.........
     for the purpose of this
     maneuver, begin when the
     airplane is taxied into
     position on the runway to
     be used.
    (b) Takeoffs with            ...................  ..................  I, T, U, C........
     instrument conditions
     simulated at or before
     reaching an altitude of
     100' above the airport
     elevation.
    (c)(1) Crosswind takeoffs..  I, T, U, C.........
        (2) Beginning March 12,  I, T, U, C.........
         2019, crosswind
         takeoffs including
         crosswind takeoffs
         with gusts if
         practicable under the
         existing
         meteorological,
         airport, and traffic
         conditions.
    (d) Takeoffs with a          ...................  ..................  I, T, U, C........
     simulated failure of the
     most critical powerplant--.
        (1) At a point after V1  ...................  ..................  I, T, U, C........
         and before V2 that in
         the judgment of the
         person conducting the
         training is
         appropriate to the
         airplane type under
         the prevailing
         conditions; or.
        (2) At a point as close  ...................  ..................  I, T, U, C........
         as possible after V1
         when V1 and V2 or V1
         and VR are identical;
         or.
        (3) At the appropriate   ...................  ..................  I, T, U, C........
         speed for nontransport
         category airplanes.
    (e) Rejected takeoffs        ...................  ..................  I, T, U, C........
     accomplished during a
     normal takeoff run after
     reaching a reasonable
     speed determined by giving
     due consideration to
     aircraft characteristics,
     runway length, surface
     conditions, wind direction
     and velocity, brake heat
     energy, and any other
     pertinent factors that may
     adversely affect safety or
     the airplane.
    (f) Night takeoffs. For      I, T, U, C.........
     pilots in transition
     training, this requirement
     may be met during the
     operating experience
     required under.
    Sec.   121.434 of this part
     by performing a normal
     takeoff at night when a
     check airman serving as
     PIC is occupying a pilot
     station.
III. Flight Maneuvers and
 Procedures:
    (a) Turns with and without   ...................  ..................  I, T, U, C........
     spoilers.
    (b) Tuck and Mach buffet...  ...................  ..................  I, T, U, C........

[[Page 69941]]

 
    (c) Maximum endurance and    ...................  ..................  I, T, U, C........
     maximum range procedures.
    (d) Operation of systems     ...................  ..................  I, T, U...........
     and controls at the flight
     engineer station.
    (e) Runaway and jammed       ...................  ..................  I, T, U, C........
     stabilizer.
    (f) Normal and abnormal or
     alternate operation of the
     following systems and
     procedures:
        (1) Pressurization.....  ...................  ..................  ..................  I, T, U, C.
        (2) Pneumatic..........  ...................  ..................  ..................  I, T, U, C.
        (3) Air conditioning...  ...................  ..................  ..................  I, T, U, C.
        (4) Fuel and oil.......  ...................  I, T, U, C........  ..................  I, T, U, C.
        (5) Electrical.........  ...................  I, T, U, C........  ..................  I, T, U, C.
        (6) Hydraulic..........  ...................  I, T, U, C........  ..................  I, T, U, C.
        (7) Flight control.....  ...................  I, T, U, C........  ..................  I, T, U, C.
        (8) Anti-icing and       ...................  ..................  I, T, U, C........
         deicing.
        (9) Autopilot..........  ...................  ..................  I, T, U, C........
        (10) Automatic or other  ...................  ..................  I, T, U, C........
         approach aids.
        (11) Stall warning       ...................  ..................  I, T, U, C........
         devices, stall
         avoidance devices, and
         stability augmentation
         devices.
        (12) Airborne radar      ...................  ..................  I, T, U, C........
         devices.
        (13) Any other systems,  ...................  ..................  I, T, U, C........
         devices, or aids
         available.
        (14) Electrical,         ...................  I, T, U, C........  ..................  I, T, U, C.
         hydraulic, flight
         control, and flight
         instrument system
         malfunctioning or
         failure.
        (15) Landing gear and    ...................  I, T, U, C........  ..................  I, T, U, C.
         flap systems failure
         or malfunction.
        (16) Failure of          ...................  ..................  I, T, U, C........
         navigation or
         communications
         equipment.
    (g) Flight emergency
     procedures that include at
     least the following:
        (1) Powerplant, heater,  ...................  I, T, U, C........  ..................  I, T, U, C.
         cargo compartment,
         cabin, flight deck,
         wing, and electrical
         fires.
        (2) Smoke control......  ...................  I, T, U, C........  ..................  I, T, U, C.
        (3) Powerplant failures  ...................  ..................  I, T..............  U, C.
        (4) Fuel jettisoning...  ...................  I, T, U, C........  ..................  I, T, U, C.
        (5) Any other emergency  ...................  ..................  I, T, U, C........
         procedures outlined in
         the appropriate flight
         manual.
    (h) Steep turns in each      ...................  ..................  I, T, U, C........
     direction. Each steep turn
     must involve a bank angle
     of 45[deg] with a heading
     change of at least
     180[deg] but not more than
     360[deg]. This maneuver is
     not required for Group I
     transition training..
    (i) Stall Prevention. For    ...................  ..................  I, T, U, C........
     the purpose of this
     training the approved
     recovery procedure must be
     initiated at the first
     indication of an impending
     stall (buffet, stick
     shaker, aural warning).
     Stall prevention training
     must be conducted in at
     least the following
     configurations:.
        (1) Takeoff              ...................  ..................  I, T, U, C........
         configuration (except
         where the airplane
         uses only a zero-flap
         takeoff configuration).
        (2) Clean configuration  ...................  ..................  I, T, U, C........
        (3) Landing              ...................  ..................  I, T, U, C........
         configuration.
    (j) Recovery from specific   ...................  ..................  I, T, U, C........
     flight characteristics
     that are peculiar to the
     airplane type.
    (k) Instrument procedures
     that include the
     following:.
        (1) Area departure and   ...................  ..................  I, T, U, C........
         arrival.
        (2) Use of navigation    ...................  ..................  I, T, U, C........
         systems including
         adherence to assigned
         radials.
        (3) Holding............  ...................  ..................  I, T, U, C........
    (l) ILS instrument
     approaches that include
     the following:.
        (1) Normal ILS           I, T, U, C.........
         approaches.
        (2) Manually controlled  I..................  ..................  T, U, C...........
         ILS approaches with a
         simulated failure of
         one powerplant which
         occurs before
         initiating the final
         approach course and
         continues to touchdown
         or through the missed
         approach procedure.
    (m) Instrument approaches
     and missed approaches
     other than ILS which
     include the following:.
        (1) Nonprecision         ...................  ..................  U, C..............  I, T.
         approaches that the
         pilot is likely to use.
        (2) In addition to       ...................  ..................  I, T, U, C........
         subparagraph (1) of
         this paragraph, at
         least one other
         nonprecision approach
         and missed approach
         procedure that the
         pilot is likely to use.
In connection with paragraphs
 III(l) and III(m), each
 instrument approach must be
 performed according to any
 procedures and limitations
 approved for the approach
 facility used. The instrument
 approach begins when the
 airplane is over the initial
 approach fix for the approach
 procedure being used (or
 turned over to the final
 approach controller in the
 case of GCA approach) and ends
 when the airplane touches down
 on the runway or when
 transition to a missed
 approach configuration is
 completed.
    (n) Circling approaches      I, T, U, C.........
     which include the
     following:.
        (1) That portion of the  I, T, U, C.........
         circling approach to
         the authorized minimum
         altitude for the
         procedure being used
         must be made under
         simulated instrument
         conditions.

[[Page 69942]]

 
        (2) The circling         I, T, U, C.........
         approach must be made
         to the authorized
         minimum circling
         approach altitude
         followed by a change
         in heading and the
         necessary maneuvering
         (by visual reference)
         to maintain a flight
         path that permits a
         normal landing on a
         runway at least
         90[deg] from the final
         approach course of the
         simulated instrument
         portion of the
         approach.
        (3) The circling         I, T, U, C.........
         approach must be
         performed without
         excessive maneuvering,
         and without exceeding
         the normal operating
         limits of the
         airplane. The angle of
         bank should not exceed
         30[deg].
Training in the circling
 approach maneuver is not
 required if the certificate
 holder's manual prohibits a
 circling approach in weather
 conditions below 1000-3
 (ceiling and visibility).
    (o) Zero-flap approaches.    I, C...............  ..................  T, U..............
     Training in this maneuver
     is not required for a
     particular airplane type
     if the Administrator has
     determined that the
     probability of flap
     extension failure on that
     type airplane is extremely
     remote due to system
     design. In making this
     determination, the
     Administrator determines
     whether training on slats
     only and partial flap
     approaches is necessary.
    (p) Missed approaches which
     include the following:
        (1) Missed approaches    ...................  ..................  I, T, U, C........
         from ILS approaches.
        (2) Other missed         ...................  ..................  ..................  I, T, U, C.
         approaches.
        (3) Missed approaches    ...................  ..................  ..................  I, T, U, C.
         that include a
         complete approved
         missed approach
         procedure.
        (4) Missed approaches    ...................  ..................  I, T, U, C........
         that include a
         powerplant failure.
IV. Landings and Approaches to
 Landings:
Training in landings and
 approaches to landings must
 include the types and
 conditions listed below but
 more than one type may be
 combined where appropriate:
    (a) Normal landings........  I, T, U, C.........
    (b) Landing and go around    I, C...............  ..................  T.................  U.
     with the horizontal
     stabilizer out of trim.
    (c) Landing in sequence      I..................  ..................  T, U, C...........
     from an ILS instrument
     approach.
    (d)(1) Crosswind landing...  I, T, U, C.........
    (2) Beginning March 12,      I, T, U, C.........
     2019, crosswind landing,
     including crosswind
     landings with gusts if
     practicable under the
     existing meteorological,
     airport, and traffic
     conditions.
    (e) Maneuvering to a
     landing with simulated
     powerplant failure, as
     follows:
        (1) For 3-engine         I, C...............  ..................  T, U..............
         airplanes, maneuvering
         to a landing with an
         approved procedure
         that approximates the
         loss of two
         powerplants (center
         and one outboard
         engine).
        (2) For other            I, C...............  ..................  T, U..............
         multiengine airplanes,
         maneuvering to a
         landing with a
         simulated failure of
         50 percent of
         available powerplants
         with the simulated
         loss of power on one
         side of the airplane.
    (f) Landing under simulated  I..................  ..................  T, U, C...........
     circling approach
     conditions (exceptions
     under III(n) applicable to
     this requirement).
    (g) Rejected landings that   I..................  ..................  T, U, C...........
     include a normal missed
     approach procedure after
     the landing is rejected.
     For the purpose of this
     maneuver the landing
     should be rejected at
     approximately 50 feet and
     approximately over the
     runway threshold.
    (h) Zero-flap landings if    I, C...............  ..................  T, U..............
     the Administrator finds
     that maneuver appropriate
     for training in the
     airplane.
    (i) Manual reversion.......  ...................  ..................  I, T, U, C........
    (j) Night landings. For      I, T, U, C.........
     pilots in transition
     training, this requirement
     may be met during the
     operating experience
     required under Sec.
     121.434 of this part by
     performing a normal
     landing at night when a
     check airman serving as
     PIC is occupying a pilot
     station.
----------------------------------------------------------------------------------------------------------------

    34. Revise appendix F to read as follows:

Appendix F to Part 121--Proficiency Check Requirements

    The maneuvers and procedures required by Sec.  121.441 for pilot 
proficiency checks are set forth in this appendix. Except for the 
equipment examination, these maneuvers and procedures must be 
performed inflight. Certain maneuvers and procedures may be 
performed in a full flight simulator (FFS), or a flight training 
device (FTD) as indicated by the appropriate symbol in the 
respective column opposite the maneuver or procedure.
    Whenever a maneuver or procedure is authorized to be performed 
in an FTD, it may be performed in an FFS.
    A Level B or higher FFS may be used instead of the airplane to 
satisfy the inflight requirements if the FFS is approved under Sec.  
121.407 and is used as part of an approved program that meets the 
requirements for an Advanced Simulation Training Program in appendix 
H of this part.
    For the purpose of this appendix, the following symbols mean--

B = Both Pilot in Command (PIC) and Second in Command (SIC).
W = May be waived for both PIC and SIC, except during a proficiency 
check conducted to qualify a PIC after completing an upgrade 
training curriculum in accordance with Sec. Sec.  121.420 and 
121.426 of this part.
* = A symbol and asterisk (B*) indicates that a particular condition 
is specified in the maneuvers and procedures column.
# = When a maneuver is preceded by this symbol it indicates the 
maneuver may be required in the airplane at the discretion of the 
person conducting the check.
    Throughout the maneuvers and procedures prescribed in this 
appendix, good judgment commensurate with a high level of safety 
must be demonstrated. In determining whether such judgment has been 
shown, the person conducting the check considers adherence to 
approved procedures, actions based on analysis of situations for 
which there is no prescribed procedure or recommended practice, and 
qualities of

[[Page 69943]]

prudence and care in selecting a course of action.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Required                                                   Permitted
                                  ----------------------------------------------------------------------------------------------------------------------
       Maneuvers/procedures         Simulated instrument                                                                       Waiver provisions of Sec.
                                         conditions              Inflight                 FFS                    FTD                    121.441(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The procedures and maneuvers set
 forth in this appendix must be
 performed in a manner that
 satisfactorily demonstrates
 knowledge and skill with respect
 to--
    (1) The airplane, its systems
     and components;
    (2) Proper control of
     airspeed, configuration,
     direction, altitude, and
     attitude in accordance with
     procedures and limitations
     contained in the approved
     Airplane Flight Manual, the
     certificate holder's
     operations manual,
     checklists, or other
     approved material
     appropriate to the airplane
     type; and
    (3) Compliance with approach,
     ATC, or other applicable
     procedures.
I. Preflight:
    (a) Equipment examination
     (oral or written). As part
     of the proficiency check the
     equipment examination must
     be closely coordinated with,
     and related to, the flight
     maneuvers portion but may
     not be given during the
     flight maneuvers portion.
     The equipment examination
     must cover--
        (1) Subjects requiring a
         practical knowledge of
         the airplane, its
         powerplants, systems,
         components, operational
         and performance factors;
        (2) Normal, abnormal, and
         emergency procedures,
         and the operations and
         limitations relating
         thereto; and
        (3) The appropriate
         provisions of the
         approved Airplane Flight
         Manual.
        The person conducting the
         check may accept, as
         equal to this equipment
         examination, an
         equipment examination
         given to the pilot in
         the certificate holder's
         ground training within
         the preceding 6 calendar
         months.
    (b) Preflight inspection. The
     pilot must--
        (1) Conduct an actual      .....................  .....................  .....................  B....................  W.*
         visual inspection of the
         exterior and interior of
         the airplane, locating
         each item and explaining
         briefly the purpose for
         inspecting it. The
         visual inspection may be
         conducted using an
         approved pictorial means
         that realistically
         portrays the location
         and detail of visual
         inspection items and
         provides for the
         portrayal of normal and
         abnormal conditions. If
         a flight engineer is a
         required flightcrew
         member for the
         particular type
         airplane, the visual
         inspection may be waived
         under Sec.   121.441(d).
        (2) Demonstrate the use    .....................  .....................  .....................  B....................
         of the prestart
         checklist, appropriate
         control system checks,
         starting procedures,
         radio and electronic
         equipment checks, and
         the selection of proper
         navigation and
         communications radio
         facilities and
         frequencies prior to
         flight.
    (c)(1) Taxiing. Before March   .....................  B....................
     12, 2019, this maneuver
     includes taxiing, sailing,
     or docking procedures in
     compliance with instructions
     issued by ATC or by the
     person conducting the check.
     SIC proficiency checks for a
     type rating must include
     taxiing. However, other SIC
     proficiency checks need only
     include taxiing to the
     extent practical from the
     seat position assigned to
     the SIC.

[[Page 69944]]

 
    (c)(2) Taxiing. Beginning      .....................  B....................
     March 12, 2019, this
     maneuver includes the
     following: (i) Taxiing,
     sailing, or docking
     procedures in compliance
     with instructions issued by
     ATC or by the person
     conducting the check. (ii)
     Use of airport diagram
     (surface movement chart).
     (iii) Obtaining appropriate
     clearance before crossing or
     entering active runways.
     (iv) Observation of all
     surface movement guidance
     control markings and
     lighting. SIC proficiency
     checks for a type rating
     must include taxiing.
     However, other SIC
     proficiency checks need only
     include taxiing to the
     extent practical from the
     seat position assigned to
     the SIC.
    (d)(1) Powerplant checks. As   .....................  .....................  B....................
     appropriate to the airplane
     type.
    (d)(2) Beginning March 12,     .....................  .....................  B....................
     2019, pre-takeoff procedures
     that include powerplant
     checks, receipt of takeoff
     clearance and confirmation
     of aircraft location, and
     FMS entry (if appropriate),
     for departure runway prior
     to crossing hold short line
     for takeoff.
II. Takeoff:
Takeoffs must include the types
 listed below, but more than one
 type may be combined where
 appropriate:
    (a) Normal. One normal         .....................  B.*
     takeoff which, for the
     purpose of this maneuver,
     begins when the airplane is
     taxied into position on the
     runway to be used.
    (b) Instrument. One takeoff    B....................  .....................  B.*
     with instrument conditions
     simulated at or before
     reaching an altitude of 100'
     above the airport elevation.
    (c)(1) Crosswind. Before       .....................  B.*
     March 12, 2019, one
     crosswind takeoff, if
     practicable, under the
     existing meteorological,
     airport, and traffic
     conditions.
    (c)(2) Beginning March 12,     .....................  B.*
     2019, one crosswind takeoff
     with gusts, if practicable,
     under the existing
     meteorological, airport, and
     traffic conditions.
    #(d) Powerplant failure. One   .....................  .....................  B....................
     takeoff with a simulated
     failure of the most critical
     powerplant--
        (1) At a point after V1    .....................  .....................  B....................
         and before V2 that in
         the judgment of the
         person conducting the
         check is appropriate to
         the airplane type under
         the prevailing
         conditions;
        (2) At a point as close    .....................  .....................  B....................
         as possible after V1
         when V1 and V2 or V1 and
         Vr are identical; or.
        (3) At the appropriate     .....................  .....................  B....................
         speed for nontransport
         category airplanes.
    (e) Rejected. A rejected       .....................  .....................  B *..................  .....................  W.
     takeoff may be performed in
     an airplane during a normal
     takeoff run after reaching a
     reasonable speed determined
     by giving due consideration
     to aircraft characteristics,
     runway length, surface
     conditions, wind direction
     and velocity, brake heat
     energy, and any other
     pertinent factors that may
     adversely affect safety or
     the airplane.
III. Instrument procedures:
    (a) Area departure and area    B....................  .....................  B....................  .....................  W.*
     arrival. During each of
     these maneuvers the pilot
     must--
        (1) Adhere to actual or    B....................  .....................  B....................
         simulated ATC clearances
         (including assigned
         radials); and.
        (2) Properly use           B....................  .....................  B....................
         available navigation
         facilities.
Either area arrival or area
 departure, but not both, may be
 waived under Sec.   121.441(d).
    (b) Holding. This maneuver     B....................  .....................  B....................  .....................  W.
     includes entering,
     maintaining, and leaving
     holding patterns. It may be
     performed in connection with
     either area departure or
     area arrival.
    (c) ILS and other instrument
     approaches. There must be
     the following:
        (1) At least one normal    B....................  .....................  B....................
         ILS approach.
        (2) At least one manually  B....................  B....................
         controlled ILS approach
         with a simulated failure
         of one powerplant. The
         simulated failure should
         occur before initiating
         the final approach
         course and must continue
         to touchdown or through
         the missed approach
         procedure.

[[Page 69945]]

 
        (3) At least one           B....................  .....................  B....................
         nonprecision approach
         procedure using a type
         of nonprecision approach
         procedure that the
         certificate holder is
         approved to use.
        (4) At least one           B....................  .....................  .....................  B....................
         nonprecision approach
         procedure using a
         different type of
         nonprecision approach
         procedure than performed
         under subparagraph (3)
         of this paragraph that
         the certificate holder
         is approved to use.
Each instrument approach must be
 performed according to any
 procedures and limitations
 approved for the approach
 procedure used. The instrument
 approach begins when the
 airplane is over the initial
 approach fix for the approach
 procedure being used (or turned
 over to the final approach
 controller in the case of GCA
 approach) and ends when the
 airplane touches down on the
 runway or when transition to a
 missed approach configuration is
 completed. Instrument conditions
 need not be simulated below 100'
 above touchdown zone elevation.
    (d) Circling approaches. If    .....................  .....................  B *..................  .....................  W.*
     the certificate holder is
     approved for circling
     minimums below 1000-3
     (ceiling and visibility), at
     least one circling approach
     must be made under the
     following conditions--
        (1) The portion of the     B....................  .....................  B.*
         approach to the
         authorized minimum
         circling approach
         altitude must be made
         under simulated
         instrument conditions.
        (2) The approach must be   .....................  .....................  B.*
         made to the authorized
         minimum circling
         approach altitude
         followed by a change in
         heading and the
         necessary maneuvering
         (by visual reference) to
         maintain a flight path
         that permits a normal
         landing on a runway at
         least 90[deg] from the
         final approach course of
         the simulated instrument
         portion of the approach.
        (3) The circling approach  .....................  .....................  B.*
         must be performed
         without excessive
         maneuvering, and without
         exceeding the normal
         operating limits of the
         airplane. The angle of
         bank should not exceed
         30[deg].
If local conditions beyond the
 control of the pilot prohibit
 the maneuver or prevent it from
 being performed as required, it
 may be waived as provided in
 Sec.   121.441(d). However, the
 maneuver may not be waived under
 this provision for two
 successive proficiency checks.
 Except for a SIC proficiency
 check for a type rating, the
 circling approach maneuver is
 not required for a SIC if the
 certificate holder's manual
 prohibits a SIC from performing
 a circling approach in
 operations under this part.
    (e) Missed approach.
        (1) At least one missed    .....................  .....................  B.*
         approach from an ILS
         approach.
        (2) At least one           .....................  .....................  B.*
         additional missed
         approach for SIC
         proficiency checks for a
         type rating and for all
         PIC proficiency checks.
A complete approved missed
 approach procedure must be
 accomplished at least once. At
 the discretion of the person
 conducting the check a simulated
 powerplant failure may be
 required during any of the
 missed approaches. These
 maneuvers may be performed
 either independently or in
 conjunction with maneuvers
 required under Sections III or V
 of this appendix. At least one
 missed approach must be
 performed inflight.
IV. Inflight Maneuvers:
    (a) Steep turns. For SIC       B....................  .....................  B....................  .....................  W.
     proficiency checks for a
     type rating and for all PIC
     proficiency checks, at least
     one steep turn in each
     direction must be performed.
     Each steep turn must involve
     a bank angle of 45[deg] with
     a heading change of at least
     180[deg] but not more than
     360[deg].
    (b) Stall Prevention. For the  B....................  .....................  B....................  .....................  W.*
     purpose of this maneuver the
     approved recovery procedure
     must be initiated at the
     first indication of an
     impending stall (buffet,
     stick shaker, aural
     warning). Except as provided
     below there must be at least
     three stall prevention
     recoveries as follows:

[[Page 69946]]

 
        (1) Takeoff configuration  B....................  .....................  B....................
         (except where the
         airplane uses only a
         zero-flap takeoff
         configuration).
        (2) Clean configuration.   B....................  .....................  B....................
        (3) Landing                B....................  .....................  B....................
         configuration.
At the discretion of the person
 conducting the check, one stall
 prevention recovery must be
 performed in one of the above
 configurations while in a turn
 with the bank angle between
 15[deg] and 30[deg]. Two out of
 the three stall prevention
 recoveries required by this
 paragraph may be waived.
If the certificate holder is
 authorized to dispatch or flight
 release the airplane with a
 stall warning device inoperative
 the device may not be used
 during this maneuver.
    (c) Specific flight            .....................  .....................  B....................  .....................  W.
     characteristics. Recovery
     from specific flight
     characteristics that are
     peculiar to the airplane
     type.
    (d) Powerplant failures. In    .....................  .....................  B....................
     addition to specific
     requirements for maneuvers
     with simulated powerplant
     failures, the person
     conducting the check may
     require a simulated
     powerplant failure at any
     time during the check.
V. Landings and Approaches to
 Landings:
Notwithstanding the
 authorizations for combining and
 waiving maneuvers and for the
 use of an FFS, at least two
 actual landings (one to a full
 stop) must be made for all PIC
 proficiency checks, all initial
 SIC proficiency checks, and all
 SIC proficiency checks for a
 type rating.
Landings and approaches to
 landings must include the types
 listed below, but more than one
 type may be combined where
 appropriate:
    (a) Normal landing...........  .....................  B....................
    (b) Landing in sequence from   .....................  B.*
     an ILS instrument approach
     except that if circumstances
     beyond the control of the
     pilot prevent an actual
     landing, the person
     conducting the check may
     accept an approach to a
     point where in his judgment
     a landing to a full stop
     could have been made.
    (c)(1) Crosswind landing, if   .....................  B.*
     practical under existing
     meteorological, airport, and
     traffic conditions.
    (c)(2) Beginning March 12,     .....................  B.*
     2019, crosswind landing with
     gusts, if practical under
     existing meteorological,
     airport, and traffic
     conditions.
    (d) Maneuvering to a landing
     with simulated powerplant
     failure as follows:
        (1) In the case of 3-      .....................  .....................  B.*
         engine airplanes,
         maneuvering to a landing
         with an approved
         procedure that
         approximates the loss of
         two powerplants (center
         and one outboard
         engine); or
        (2) In the case of other   .....................  .....................  B.*
         multiengine airplanes,
         maneuvering to a landing
         with a simulated failure
         of 50 percent of
         available powerplants,
         with the simulated loss
         of power on one side of
         the airplane.
Notwithstanding the requirements
 of subparagraphs (d)(1) and (2)
 of this paragraph, for an SIC
 proficiency check, except for an
 SIC proficiency check for a type
 rating, the simulated loss of
 power may be only the most
 critical powerplant.
In addition, a PIC may omit the
 maneuver required by
 subparagraph (d)(1) or (d)(2) of
 this paragraph during a required
 proficiency check or FFS course
 of training if he satisfactorily
 performed that maneuver during
 the preceding proficiency check,
 or during the preceding approved
 FFS course of training under the
 observation of a check airman,
 whichever was completed later.

[[Page 69947]]

 
    (e) Except as provided in      .....................  .....................  B.*
     paragraph (f) of this
     section, if the certificate
     holder is approved for
     circling minimums below 1000-
     3 (ceiling and visibility),
     a landing under simulated
     circling approach
     conditions. However, when
     performed in an airplane, if
     circumstances beyond the
     control of the pilot prevent
     a landing, the person
     conducting the check may
     accept an approach to a
     point where, in his
     judgment, a landing to a
     full stop could have been
     made.
    #(f) A rejected landing,       .....................  .....................  B....................
     including a normal missed
     approach procedure, that is
     rejected approximately 50'
     over the runway and
     approximately over the
     runway threshold. This
     maneuver may be combined
     with instrument, circling,
     or missed approach
     procedures, but instrument
     conditions need not be
     simulated below 100 feet
     above the runway.
VI. Normal and Abnormal
 Procedures:
Each pilot must demonstrate the
 proper use of as many of the
 systems and devices listed below
 as the person conducting the
 check finds are necessary to
 determine that the person being
 checked has a practical
 knowledge of the use of the
 systems and devices appropriate
 to the airplane type:
    (a) Anti-icing and deicing     .....................  .....................  B....................
     systems.
    (b) Autopilot systems........  .....................  .....................  B....................
    (c) Automatic or other         .....................  .....................  B....................
     approach aid systems.
    (d) Stall warning devices,     .....................  .....................  B....................
     stall avoidance devices, and
     stability augmentation
     devices.
    (e) Airborne radar devices...  .....................  .....................  B....................
    (f) Any other systems,         .....................  .....................  B....................
     devices, or aids available.
    (g) Hydraulic and electrical   .....................  .....................  .....................  B....................
     system failures and
     malfunctions.
    (h) Landing gear and flap      .....................  .....................  .....................  B....................
     systems failure or
     malfunction.
    (i) Failure of navigation or   .....................  .....................  B....................
     communications equipment.
VII. Emergency Procedures:
Each pilot must demonstrate the
 proper emergency procedures for
 as many of the emergency
 situations listed below as the
 person conducting the check
 finds are necessary to determine
 that the person being checked
 has an adequate knowledge of,
 and ability to perform, such
 procedure:
    (a) Fire in flight...........  .....................  .....................  B....................
    (b) Smoke control............  .....................  .....................  B....................
    (c) Rapid decompression......  .....................  .....................  B....................
    (d) Emergency descent........  .....................  .....................  B....................
    (e) Any other emergency        .....................  .....................  B....................
     procedures outlined in the
     approved Airplane Flight
     Manual.
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
35. Revise appendix H to read as follows:

Appendix H to Part 121--Advanced Simulation

    This appendix prescribes the requirements for use of Level B or 
higher FFSs to satisfy the inflight requirements of appendices E and 
F of this part and the requirements of Sec.  121.439. The 
requirements in this appendix are in addition to the FFS approval 
requirements in Sec.  121.407. Each FFS used under this appendix 
must be approved as a Level B, C, or D FFS, as appropriate.

Advanced Simulation Training Program

    For a certificate holder to conduct Level C or D training under 
this appendix all required FFS instruction and checks must be 
conducted under an advanced simulation training program approved by 
the Administrator for the certificate holder. This program must also 
ensure that all instructors and check airmen used in appendix H 
training and checking are highly qualified to provide the training 
required in the training program. The advanced simulation training 
program must include the following:
    1. The certificate holder's initial, transition, conversion, 
upgrade and recurrent FFS training programs and its procedures for 
re-establishing recency of experience in the FFS.
    2. How the training program will integrate Level B, C, and D 
FFSs with other FSTDs to maximize the total training, checking, and 
certification functions.
    3. Documentation that each instructor and check airman has 
served for at least 1 year in that capacity in a certificate 
holder's approved program or has served for at least 1 year as a 
pilot in command or second in command in an airplane of the group in 
which that pilot is instructing or checking.
    4. A procedure to ensure that each instructor and check airman 
actively participates in either an approved regularly scheduled line 
flying program as a flightcrew member or an approved line 
observation program in the same airplane type for which that person 
is instructing or checking.
    5. A procedure to ensure that each instructor and check airman 
is given a minimum of 4 hours of training each year to become 
familiar with the certificate holder's advanced simulation training 
program, or changes to it, and to emphasize their respective roles 
in the program. Training for instructors and check airmen must 
include training policies and procedures, instruction methods and 
techniques, operation of FFS controls (including environmental and 
trouble panels), limitations of the FFS, and minimum equipment 
required for each course of training.

[[Page 69948]]

    6. A special Line-Oriented Flight Training (LOFT) program to 
facilitate the transition from the FFS to line flying. This LOFT 
program must consist of at least a 4-hour course of training for 
each flightcrew. It also must contain at least two representative 
flight segments of the certificate holder's operations. One of the 
flight segments must contain strictly normal operating procedures 
from push back at one airport to arrival at another. Another flight 
segment must contain training in appropriate abnormal and emergency 
flight operations. After March 12, 2019, the LOFT must provide an 
opportunity for the pilot to demonstrate workload management and 
pilot monitoring skills.

FFS Training, Checking and Qualification Permitted

    1. Level B FFS
    a. Recent experience (Sec.  121.439).
    b. Training in night takeoffs and landings (part 121, appendix 
E).
    c. Landings in a proficiency check (part 121, appendix F).
    2. Level C and D FFS
    a. Recent experience (Sec.  121.439).
    b. All pilot flight training and checking required by this part 
except the following:
    i. The operating experience, operating cycles, and consolidation 
of knowledge and skills requirements of Sec.  121.434;
    ii. The line check required by Sec.  121.440; and
    iii. The visual inspection of the exterior and interior of the 
airplane required by appendices E and F.
    c. The practical test requirements of Sec.  61.153(h) of this 
chapter, except the visual inspection of the exterior and interior 
of the airplane.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
36. The authority citation for part 135 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105.
0
37. Amend Sec.  135.3 by adding paragraph (d) to read as follows:

Sec.  135.3  Rules applicable to operations subject to this part.

* * * * *
    (d) Additional limitations applicable to certificate holders that 
are required by paragraph (b) of this section or authorized in 
accordance with paragraph (c) of this section, to comply with subparts 
N and O of part 121 of this chapter instead of subparts E, G, and H of 
this part.
    (1) Upgrade training. (i) Each certificate holder must include in 
upgrade ground training for pilots, instruction in at least the 
subjects identified in Sec.  121.419(a) of this chapter, as applicable 
to their assigned duties; and, for pilots serving in crews of two or 
more pilots, beginning on [24 MONTHS AFTER EFFECTIVE DATE OF FINAL 
RULE], instruction in the subjects identified in Sec.  121.419(c) of 
this chapter.
    (ii) Each certificate holder must include in upgrade flight 
training for pilots, flight training for the maneuvers and procedures 
required in Sec.  121.424(a), (c), (e) and (f) of this chapter; and, 
for pilots serving in crews of two or more pilots, beginning on [24 
MONTHS AFTER EFFECTIVE DATE OF FINAL RULE], the flight training 
required in Sec.  121.424(b) of this chapter.
    (2) Initial and recurrent leadership and command and mentoring 
training. Certificate holders are not required to include leadership 
and command training in Sec. Sec.  121.409(b)(2)(ii)(B)(6), 
121.419(c)(1), 121.424(b) and 121.427(d)(1) of this chapter and 
mentoring training in Sec. Sec.  121.419(c)(2) and 121.427(d)(1) of 
this chapter in initial and recurrent training for pilots in command 
who serve in operations that use only one pilot.
    (3) One-time leadership and command and mentoring training. Section 
121.429 of this chapter does not apply to certificate holders 
conducting operations under this part when those operations use only 
one pilot.
* * * * *

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 44701(a) and Sec. 206 of Public Law 111-216, 124 
Stat. 2348 (49 U.S.C. 44701 note).

    Dated: September 21, 2016.
John Barbagallo,
Deputy Director, Flight Standards Service.
[FR Doc. 2016-23961 Filed 10-6-16; 8:45 am]
 BILLING CODE 4910-13-P
```