42500 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 91, and 141 

[Docket No. FAA–2006–26661; Amendment 

Nos. 61–124, 91–309, and 141–12] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

training, qualification, certification, and 

operating requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. These changes are needed 

to clarify, update, and correct our 

existing regulations. These changes are 

intended to update and clarify the 

training and qualifications rules for 

pilots, flight instructors, ground 

instructors, and pilot schools to ensure 

a better understanding of these rules 

that relate to aircraft operations in the 

National Airspace System. 

DATES: This final rule is effective 

October 20, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, Certification and General 

Aviation Operations Branch, AFS–810, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844; e-mail to 

john.d.lynch@faa.gov. For legal 

interpretative questions about this final 

rule, contact: Michael Chase, AGC–240, 

Office of Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3110; e-mail to 

michael.chase@faa.gov. 

Executive Summary 

The Federal Aviation Administration 

(FAA) is amending several regulations 

to further our safety mission, 

incorporate international flight 

standards, and respond to recent 

technological advances in aviation. The 

essence of these interlocking changes is 

pilot, flight instructor, and pilot school 

certification. The instruction and 

training taking place in pilot schools is 

for many their first exposure to recent 

aviation, technological, and industry 

changes. For the above reasons, the FAA 

has found it necessary to update, 

correct, and clarify our rules and 

requirements for pilots, flight instructor, 

and pilot school certification. Many of 

our changes reflect and incorporate 

comments and suggestions made by 

trade organizations, flight schools, 

manufacturers, individual pilots, and 

others. 

On February 7, 2007, the FAA 

published the notice of proposed 

rulemaking (NPRM) for airmen 

certification entitled ‘‘Pilots, flight 

instructors, ground instructors, and 

pilot schools; training, certification, and 

operating requirements’’ (Notice No. 06– 

20; 72 FR 5806–5854). The NPRM 

follows an earlier final rule amending 

the pilot and flight instructor 

certification, training, and experience 

rules of part 61 (See 62 FR 16220; April 

4, 1997). Since the 1997 final rule, we 

determined changes were needed to 

clarify and refine these regulations and 

address problems discovered postpublication. We also received a number 

of helpful comments and interpretation 

requests from the pilot, flight instructor, 

and training community. In order to 

make our rule revisions more 

comprehensive, the NPRM included 

changes to 14 CFR part 91 and part 141 

appendices. 

We made two significant proposals in 

the NPRM: The first one details pilot 

and flight instructor training and 

qualifications for night vision goggle 

(NVG) operations; and, the second one 

converts military flight instructor 

training experience to civilian teaching. 

We also made a number of other 

changes reflected in the following table 

and discussed in the rule preamble. 

The FAA received considerable 

public response to the NPRM. We 

received 1,970 different comments from 

231 commenters. These commenters 

represented a diverse ‘‘cross-section’’ of 

the aviation community including: 

Commenters who identified themselves 

as actively serving in the United States 

Armed Forces or Armed Forces 

Reserves; flight schools (commercial 

and educational), flight training 

facilities, or other organizations 

associated with flight training; aircraft 

manufacturers or aircraft manufacturer 

associations, pilot, aircraft, and 

helicopter owner associations; civil 

aviation associations; and law 

enforcement agencies or organizations 

associated with NVG operations. The 

substantive comments on both the 

overarching issues and specific rule 

changes are detailed in the ‘‘General 

Comments’’ and ‘‘Editorial Comments’’ 

sections of this preamble. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, § 106 describes the authority 

of the FAA Administrator, including the 

authority to issue, rescind, and revise 

regulations. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Chapter 447—Safety 

Regulation. Under § 44701, the FAA is 

charged with promoting safe flight of 

civil aircraft in air commerce by 

prescribing regulations necessary for 

safety. Under § 44703, the FAA issues 

an airman certificate to an individual 

when we find, after investigation, that 

the individual is qualified for, and 

physically able to perform the duties 

related to, the position authorized by 

the certificate. In this final rule, we are 

amending certain training, qualification, 

certification, and operating 

requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. 

These revisions are intended to 

ensure that flight crewmembers have the 

training and qualifications to enable 

them to operate aircraft safely. For this 

reason, these revisions are within the 

scope of our authority and are a 

reasonable and necessary exercise of our 

statutory obligations. 

Summary Table on the Revisions 

The table below is a listing of the 

changes that are contained in this final 

rule in order of their Code of Federal 

Regulations (CFR) designations. The 

table is organized as follows: The first 

column, identified as ‘‘Revision No.,’’ 

refers to the paragraph number in the 

‘‘Description of Revision’’ portion of 

this preamble where a detailed 

discussion of the revision appears. The 

second column gives the CFR 

designation of the regulation we are 

revising. The third column, identified as 

‘‘Summary of the Revisions,’’ provides a 

brief summary of the revision. 

This final rule revises and makes 

clarifications under part 61 that pertain 

to pilot, flight instructor, and ground 

instructor certification requirements. 

This final rule revises § 91.205(h) which 

is the rule that establishes the required 

instruments and equipment for use in 

NVG operations. This final rule also 

revises part 141 and its appendixes, 

which apply to part 141 approved pilot 

schools and provisional pilot schools. 


srobinson on DSKHWCL6B1PROD with RULES2
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42501 

Revision 

No. CFR designation Summary of the revisions 

1 ........................ § 61.1(b)(12) .............................. Adds a definition for the term ‘‘night vision goggles.’’ 

2 ........................ § 61.1(b)(13) .............................. Adds a definition for the term ‘‘night vision goggle operations.’’ 

3 ........................ § 61.2 ......................................... Establishes the requirements regarding ‘‘currency’’ and ‘‘validity’’ in a new § 61.2 as it relates to exercising the privileges of an airman certificate, rating, endorsement, or authorization. 

4 ........................ § 61.3(j)(1) ................................. This proposal to delete the phrase ‘‘Except as provided in paragraph (j)(3) of this section’’ 

is being withdrawn as the ‘‘Part 121 Pilot Age Limit’’ direct final rule has incorporated this 

proposal and has also increased the age requirement to 65 years for pilots engaged in 

part 121 air carrier operations. 

4 ........................ § 61.3(j)(3) ................................. We had proposed to delete this provision because the dates have passed. However, this 

proposal has been withdrawn as the ‘‘Part 121 Pilot Age Limit’’ direct final rule has overtaken the need for this proposed change. 

5 ........................ § 61.19(b) .................................. Extends the duration period for student pilot certificates for persons under the age of 40 

years. 

6 ........................ § 61.19(b)(3) .............................. Extends the duration period for student pilot certificates for persons seeking the glider or 

balloon rating to 60 calendar months, regardless of the age of the person. 

7 ........................ § 61.19(d) .................................. The NPRM proposed to issue flight instructor certificates without expiration dates. The FAA 

has decided to withdraw this proposal and will continue to issue flight instructor certificates with an expiration date. 

8 & 81 ............... § 61.19(e) .................................. Parallels the ground instructor certificate duration with the ground instructor currency requirements in revised § 61.217. 

9 ........................ § 61.23(a)(3)(iv)–(v) ................... Makes minor editorial changes to the medical certificate requirements. 

9 ........................ § 61.23(a)(3)(vii) ........................ Permits Examiners to hold only a third class medical certificate as already provided for in 

FAA Order 8900.2. 

10 ...................... § 61.23(b)(3) .............................. Clarifies that persons who are exercising the privileges of their pilot certificate when operating a balloon or a glider are not required to hold a medical certificate. 

11 ...................... § 61.23(b)(7) .............................. Clarifies that Examiners who administer practical tests in a glider, balloon, flight simulator, 

or flight training device are not required to hold a medical certificate. 

12 ...................... § 61.23(b)(8) .............................. Clarifies that no medical certificate is required when taking a practical test in a glider, balloon, flight simulator, or flight training device. 

13 ...................... § 61.23(b)(9) .............................. Adds a provision that excuses U.S. military pilots from obtaining an FAA medical certification, if they hold an ‘‘up-to-date’’ medical clearance from the U.S. Armed Forces, and 

the flight only requires privileges of a third class medical certificate and is conducted 

within U.S. airspace. 

14 ...................... § 61.29(d)(3) .............................. Deletes the requirement that a person furnish his/her Social Security Number. 

15 ...................... § 61.31(d)(1), (2), & (3) ............. Corrects a duplication of provisions between paragraphs (d)(2) and (3). 

16 ...................... § 61.31(k) .................................. Establishes training for operating with night vision goggles in a new paragraph (k). 

17 ...................... § 61.35(a)(2)(iv) ......................... Clarifies when a person must show his/her current residential address when making application for a knowledge test. 

18 ...................... § 61.39(b)(2) .............................. Deletes the word ‘‘scheduled’’ in front of the phrase ‘‘U.S. military air transport operations.’’ 

19 ...................... § 61.39(c)(2) .............................. Deletes the exception that an applicant does not have to receive an instructor endorsement 

for an additional aircraft class rating. Sections 61.39(a)(6) and 61.63(c) require an instructor endorsement. 

20 ...................... § 61.39(a)(6)(i), (d) and (e) ....... Changes the phrase ‘‘60 calendar days’’ to read ‘‘2 calendar months’’ for the training required prior to the practical test. 

21 ...................... § 61.43(a) and (b) ..................... Clarifies when single pilot performance is required on the practical test versus permitting 

issuance of the ‘‘second in command’’ limitation. 

22 ...................... § 61.45(a)(2)(iii) ......................... Defines a military aircraft for the purpose of using it for a practical test. 

23 ...................... § 61.45(c) .................................. Excepts gliders that are unpowered from the requirement that aircraft used for a practical 

test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots. 

24 ...................... § 61.51(b)(3)(iv) ......................... Adds a provision for logging night vision goggle time. 

27 ...................... § 61.51(b)(1)(iv) ......................... Revises the instructions for logbook entries to include aviation training device (ATD). 

§ 61.51(b)(2)(v) 

§ 61.51(b)(3)(iii) 

25 ...................... § 61.51(e)(1) .............................. Corrects an omission and permits sport pilots and airline transport pilots (ATPs) to log pilot 

in command (PIC) flight time. 

26 ...................... § 61.51(e)(1)(iv) ......................... Permits a pilot who is performing the duties of PIC while under the supervision of a qualified PIC to log PIC flight time. 

27 ...................... § 61.51(g)(4) .............................. Requires that when using a flight simulator, flight training device, or an ATD for training, an 

instructor must be present and sign the person’s logbook or training record. 

28 ...................... § 61.51(j) ................................... Establishes that an aircraft must hold an airworthiness certificate, with some exceptions, for 

a pilot to log flight time to meet the certificate, rating, or recent flight experience requirements under part 61. 

29 ...................... § 61.51(k) .................................. Adds the criteria and standards for logging night vision goggle time. 

30 ...................... § 61.57(c)(1) .............................. In the NPRM, we had proposed to revise the instrument recent flight experience for maintaining instrument privileges in airplanes, powered-lifts, helicopters, and airships. The 

FAA has decided to maintain the existing instrument recency requirements and just 

make formatting and editorial revisions to the rule. 

30 ...................... § 61.57(c)(2)–(5) ........................ Permits the use of flight simulators, flight training devices, or ATDs for performing instrument recent flight experience. 

30 ...................... § 61.57(c)(6) .............................. Revises the instrument recent flight experience for maintaining instrument privileges in gliders. 


srobinson on DSKHWCL6B1PROD with RULES2
42502 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

Revision 

No. CFR designation Summary of the revisions 

31 ...................... § 61.57(d) .................................. Clarifies when an instrument proficiency check must be completed to serve as the PIC 

under IFR or in weather conditions less than the minimums prescribed for VFR. 

32 ...................... § 61.57(f) ................................... Adds a night vision goggle recent operating experience requirement to remain PIC qualified 

for night vision goggle operations. 

33 ...................... § 61.57(g) .................................. Adds a night vision goggle proficiency check requirement to remain PIC qualified for night 

vision goggle operations. 

34 ...................... § 61.59(a)–(b) ............................ The FAA has decided to withdraw this proposal that would have paralleled this section with 

the language contained in § 67.403 of this chapter. 

35 ...................... § 61.63 ....................................... Changes the section heading to read ‘‘Additional aircraft ratings (other than for ratings at 

the airline transport pilot certificate level).’’ 

35 ...................... § 61.63(c)(4) .............................. Clarifies what is intended for those applicants who hold only a lighter than air (LTA)-Balloon rating and who seek a LTA-Airship rating. 

35 ...................... § 61.63(d)(5) .............................. Adds a provision to account for aircraft not capable of instrument flight. Parallels revised 

§ 61.157(b)(3). 

35 ...................... § 61.63(e) .................................. Amends the requirement for permitting use of aircraft not capable of instrument flight for a 

rating. Parallels revised § 61.157(g). 

35 ...................... § 61.63(f) ................................... Clarifies that an applicant for type rating in a multiengine, single seat airplane must meet 

the requirements in the multi-seat version of that type airplane, or the examiner must be 

in a position to observe the applicant during the practical test. Parallels revised 

§ 61.157(h). 

35 ...................... § 61.63(g) .................................. Clarifies that an applicant for type rating in a single engine, single seat airplane may meet 

the requirements in a multi-seat version of that type airplane, or the examiner must be in 

a position to observe the applicant during the practical test. Parallels revised § 61.157(i). 

36 ...................... § 61.64 ....................................... Places the existing § 61.63(e), (f), and (g) and § 61.157(g), (h), and (i) that address the requirements for using flight simulators and flight training devices into revised § 61.64. 

35 ...................... § 61.63(h) .................................. Clarifies that certain tasks may be waived if the FAA has approved the task to be waived 

to parallel § 61.157(m). 

36 ...................... § 61.64(a) and (b) ..................... Moves § 61.63(e) and § 61.157(g) to revised § 61.64. Simplifies and amends the requirements and limitations for use of a flight simulator or flight training device for an airplane 

rating. 

36 ...................... § 61.64(a)(2)(i) & (ii) .................. Clarifies that to use a flight simulator for training and testing for the airplane category, 

class, or type rating, the type rating cannot contain the supervised operating experience 

limitation. 

36 ...................... § 61.64(c) and (d) ...................... Moves § 61.63(f) and § 61.157(h) to revised § 61.64. Simplifies and amends the requirements and limitations for use of a flight simulator or flight training device for a helicopter 

rating. 

36 ...................... § 61.64(c)(2)(i) & (ii) .................. Clarifies that to use a flight simulator for training and testing for the helicopter class or type 

rating, the type rating cannot contain the supervised operating experience limitation. 

36 ...................... § 61.64(e) and (f) ...................... Moves § 61.63(g) and § 61.157(i) to revised § 61.64. Simplifies and amends the requirements and limitations for use of a flight simulator or flight training device for a poweredlift rating. 

36 ...................... § 61.64(e)(2)(i) & (ii) .................. Clarifies that to use a flight simulator for training and testing for the powered-lift category or 

type rating, the type rating cannot contain the supervised operating experience limitation. 

37 ...................... § 61.65(d) .................................. For an airplane, requires at least 10 hours of cross country time as PIC, appropriate to the 

instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 

37 ...................... § 61.65(e) .................................. For a helicopter, requires at least 10 hours of cross country time as PIC, appropriate to the 

instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 

37 ...................... § 61.65(f) ................................... For a powered-lift, requires at least 10 hours of cross country time as PIC, appropriate to 

the instrument rating sought, so that it conforms to the ICAO requirements for instrument 

rating. 

37 ...................... § 61.65(g) .................................. Makes minor changes to address the usage of flight simulator and flight training devices for 

the instrument rating. Re-designate paragraph (e) as paragraph (g). 

38 ...................... § 61.65(h) .................................. Permits the use of an ATD to be used for 10 hours of instrument time. 

39 ...................... § 61.69(a)(4) .............................. Corrects a typographical error involving the word ‘‘or.’’ 

40 ...................... § 61.69(a)(6) .............................. Increases the recent flight experience requirements for tow pilots from 12 months to 24 

months. 

41 ...................... § 61.73(b) .................................. Removes the requirement that military pilots and former military pilots be on active flying 

status within the past 12 months to qualify under these special rules. Deletes the requirement that military pilots and former military pilots have PIC status to qualify for pilot certification under these special rules. Also, makes minor editorial changes. 

41 ...................... § 61.73(c) .................................. Allows military pilots of an Armed Force of a foreign contracting State to International Civil 

Aviation Organization (ICAO) to qualify for U.S. Commercial Pilot Certificates and ratings 

provided they are assigned in an operational U.S. military unit for other than flight training purposes. 

41 ...................... § 61.73(f) ................................... Re-designates paragraph (g) as paragraph (f) and deletes the phrase ‘‘as pilot in command 

during the 12 calendar months before the month of application.’’ 

42 ...................... § 61.73(g) ..................................

§ 61.197(a)(2)(iv) .......................

Allows issuance of flight instructor certificates and ratings to military instructor pilots and 

examiners who can show having been designated as a U.S. military instructor pilot or examiner. Provides an alternative method for U.S. military instructor pilots and examiners 

who hold an FAA flight instructor certificate to renew their flight instructor certificate and 

ratings. 


srobinson on DSKHWCL6B1PROD with RULES2
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42503 

Revision 

No. CFR designation Summary of the revisions 

43 ...................... § 61.73(h) .................................. Clarifies the documents required to qualify military pilots for a pilot certificate and ratings 

under the special rules of § 61.73 for military pilots. 

44 ...................... § 61.75(a) .................................. Requires a holder of a foreign pilot license to have at least a foreign private pilot license in 

order to apply for a U.S. private pilot certificate under § 61.75. 

44 ...................... § 61.75(b) .................................. Requires a holder of a foreign pilot license to have at least a foreign private pilot license in 

order to apply for a U.S. private pilot certificate under § 61.75. 

45 ...................... § 61.75(b)(3) .............................. Adds ‘‘other than a U.S. student pilot certificate.’’ 

46 ...................... § 61.75(c) .................................. Adds the qualifier ‘‘for private pilot privileges only’’ to clarify issuance of U.S. private pilot 

certificates based on foreign pilot licenses. 

3 ........................ § 61.75(d) .................................. Adds the qualifier ‘‘valid.’’ 

47 ...................... § 61.75(e) .................................. Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been corrected to read: ‘‘U.S. pilot certificate.’’ 

47 ...................... § 61.75(e)(1) .............................. Corrects an error: Where the rule stated ‘‘private pilot privilege,’’ it has been corrected to 

read: ‘‘pilot privileges authorized by this part and the limitations placed on that U.S. pilot 

certificate.’’ 

47 ...................... § 61.75(e)(4) .............................. Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been corrected to read: ‘‘U.S. pilot certificate.’’ 

47 ...................... § 61.75(f) ................................... Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been corrected to read: ‘‘U.S. pilot certificate’’ in 2 places. 

47 ...................... § 61.75(g) .................................. Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been corrected to read: ‘‘U.S. pilot certificate’’ in 2 places. 

48 ...................... § 61.77(a)(2) .............................. Clarifies who can be issued a special purpose pilot authorization. 

48 ...................... § 61.77(b)(1) .............................. Clarifies the requirements for issuance of a special purpose pilot authorization. 

48 ...................... § 61.77(b)(5) .............................. Deletes a requirement that an applicant have documentation of meeting the recent flight 

experience requirements of part 61 be issued a special purpose pilot authorization. 

49 ...................... § 61.96(b)(9) .............................. Requires an applicant for a recreational pilot certificate to hold either a student pilot certificate or sport pilot certificate. 

50 ...................... § 61.101(e)(1)(iii) and (j) ........... Excludes aircraft that are certificated as rotorcraft from the 180 horsepower powerplant limitation. Corrects a mistake in paragraph (j) that references ‘‘paragraph (h)’’ where the 

rule should reference ‘‘paragraph (i).’’ 

51 ...................... § 61.103(j) ................................. Requires a private pilot certificate applicant to hold a student pilot certificate, recreational 

pilot certificate, or sport pilot certificate. 

52 ...................... § 61.109(a)(5)(ii) ........................ Changes the distance on a cross country flight for private pilot certification—single engine 

airplane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 

52 ...................... § 61.109(b)(5)(ii) ........................ Changes the distance on a cross country flight for private pilot certification—multiengine 

airplane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 

53 ...................... § 61.109(c)(4)(ii) ........................ Changes the distance on the solo cross country flight for private pilot certification—helicopter rating to conform to ICAO requirements. Changes the distance on a cross country 

flight for private pilot certification—helicopter rating from ‘‘at least 25 nautical miles’’ to 

read ‘‘more than 25 nautical miles.’’ 

54 ...................... § 61.109(d)(4)(ii) ........................ Changes the distance on the solo cross country flight for private pilot certification—gyroplane rating to conform to ICAO requirements. Changes the distance on a cross country 

flight for private pilot certification—gyroplane rating from ‘‘at least 25 nautical miles’’ to 

read ‘‘more than 25 nautical miles.’’ 

52 ...................... § 61.109(e)(5)(ii) ........................ Changes the distance on a cross country flight for private pilot certification—powered-lift 

rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 

55 ...................... § 61.127(b)(4)(vi) ....................... Adds ‘‘ground reference maneuvers’’ as an area of operation for commercial pilot certification—gyroplane rating. 

56 ...................... § 61.127(b)(5)(vii) ...................... Deletes ‘‘ground reference maneuvers’’ for commercial pilot certification powered lift rating. 

57 ...................... § 61.129(a)(3)(i) ......................... Clarifies the instrument training tasks required for commercial pilot certification—airplane 

single engine rating by requiring training using a view-limiting device. 

62 ...................... § 61.129(a)(3)(iii) ....................... Allows the daytime cross country flight for commercial pilot certification single engine airplane rating to be performed under visual flight rules (VFR) or instrument flight rules 

(IFR). 

62 ...................... § 61.129(a)(3)(iv) ....................... Allows the cross country flight at nighttime for commercial pilot certification airplane single 

engine rating to be performed under VFR or IFR. 

64 ...................... § 61.129(a)(4) ............................ Permits training to be performed solo or with an instructor onboard for commercial pilot certification—airplane single engine rating. 

58 ...................... § 61.129(b)(3)(i) ......................... Requires instrument training tasks for commercial pilot certification airplane multiengine rating to include training using a view-limiting device. 

62 ...................... § 61.129(b)(3)(iii) ....................... Allows the daytime cross country flight for commercial pilot certification multiengine airplane 

rating to be performed under VFR or IFR. 

62 ...................... § 61.129(b)(3)(iv) ....................... Allows the cross country flight at nighttime for commercial pilot certification multiengine airplane rating to be performed under VFR or IFR. 

59 ...................... § 61.129(c)(3)(i) ......................... Reduces the hour requirements on the control and maneuvering of a helicopter solely by 

reference to instruments from 10 hours to 5 hours for commercial pilot certification—helicopter rating and permits it to be performed in an aircraft, flight simulator, or flight training device. Clarifies the control and maneuvering of a helicopter solely by reference to 

instruments required for commercial pilot certification for the helicopter rating must include training using a view-limiting device. 

62 ...................... § 61.129(c)(3)(ii) ........................ Permits the daytime cross country flight for commercial pilot certification helicopter rating to 

be performed under VFR or IFR. 


srobinson on DSKHWCL6B1PROD with RULES2
42504 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

Revision 

No. CFR designation Summary of the revisions 

62 ...................... § 61.129(c)(3)(iii) ....................... Permits the cross country flight at nighttime for commercial pilot certification helicopter rating to be performed under VFR or IFR. 

64 ...................... § 61.129(c)(4) ............................ Permits training for commercial pilot certification helicopter rating to be performed solo or 

with an instructor onboard. 

60 ...................... § 61.129(d)(3)(i) ......................... Reduces the instrument training for commercial pilot certification—gyroplane rating to 2.5 

hours on the control and maneuvering of a gyroplane solely by reference to instrument 

and permits it to be conducted in an aircraft, flight simulator, or flight training device. 

Clarifies the control and maneuvering of a gyroplane solely by reference to instrument 

required for commercial pilot certification gyroplane rating must include training using a 

view-limiting device. 

62 ...................... § 61.129(d)(3)(ii) ........................ Allows the daytime cross country flight for commercial pilot certification gyroplane rating to 

be performed under VFR or IFR. 

63 ...................... § 61.129(d)(3)(iii) ....................... Deletes the requirement for a cross country flight at nighttime for commercial pilot certification gyroplane rating and establishes it as ‘‘At least two hours of flight training during 

nighttime conditions in a gyroplane at an airport, that includes 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern).’’ 

64 ...................... § 61.129(d)(4) ............................ Permits training for commercial pilot certification gyroplane rating to be performed solo or 

with an instructor onboard. 

61 ...................... § 61.129(e)(3)(i) ......................... Requires that instrument training tasks for commercial pilot certification powered-lift rating 

include training using a view-limiting device. 

61 ...................... § 61.129(e)(3)(ii) ........................ Permits the cross country flight at nighttime for commercial pilot certification powered-lift 

rating to be performed under VFR or IFR. 

62 ...................... § 61.129(e)(3)(iii) ....................... Permits the cross country flight at nighttime for commercial pilot certification powered-lift 

rating to be performed under VFR or IFR. 

64 ...................... § 61.129(e)(4) ............................ Permits training for commercial pilot certification powered-lift rating to be performed solo or 

with an instructor onboard. 

64 ...................... § 61.129(g)(2) ............................ Permits training for commercial pilot certification airship rating to be performed either solo 

or while performing the duties of PIC with an instructor onboard. 

65 ...................... § 61.129(g)(3) ............................ Reformats paragraph (3) into subparagraphs (i) and (ii). Clarifies that the instrument training tasks for commercial pilot certification airship rating requires instrument training using 

a view-limiting device. 

62 ...................... § 61.129(g)(4)(ii) & (iii) .............. Permits the cross country training for commercial pilot certification airship rating to be performed under VFR or IFR. 

66 ...................... § 61.153(d)(3)(i), (ii) .................. Further clarifies the additional condition to qualify for a U.S. ATP certificate on the basis of 

a foreign pilot certificate. 

67 ...................... § 61.157 ..................................... Reprints this section in its entirety due to numerous editorial, formatting, and technical revisions. 

67 ...................... § 61.157(b) ................................ Adds the language ‘‘or a type rating that is completed concurrently with an airline transport 

pilot certificate’’ for clarification purposes. Reformats this section to establish a paragraph 

(g) that permits the use of an aircraft not capable of instrument flight for a type rating to 

be added to an existing ATP certificate. This revision parallels the changes in § 61.63(e). 

67 ...................... § 61.157(f)(1)(ii) ......................... Clarifies the aeronautical knowledge areas of the competency check under § 135.293 for 

qualifying for an aircraft rating. The reason for this change is because Part 142 training 

centers and designated pilot examiners are only authorized to test an applicant on the 

aeronautical knowledge areas of § 135.293(a)(2) and (3) and not on the aeronautical 

knowledge areas of § 135.293(a)(1) and (4) through (8). Procedurally, the FAA only permits the part 135 operator’s check airman and FAA Inspectors to test the applicant on 

the aeronautical knowledge areas of § 135.293(a)(1) and (4) through (8). 

36 & 67 ............. § 61.157(g) ................................ Clarifies the use of flight simulators and flight training devices and applicant qualifications 

for the airplane rating at the ATP certification level and moves it in to § 61.64 in paragraph (a) and (b). 

36 & 67 ............. § 61.157(h) ................................ Clarifies the use of flight simulators and flight training devices and applicant qualifications 

for the helicopter rating at the ATP certification level and moves it into § 61.64 in paragraph (c) and (d). 

36 & 67 ............. § 61.157(i) ................................. Clarifies the use of flight simulators and flight training devices and applicant qualifications 

for the powered-lift rating at the ATP certification level and moves it into § 61.64 as paragraph (e) and (f). 

68 ...................... § 61.157(g) ................................ Re-designates paragraph (j) as paragraph (g). Amends the requirements for permitting use 

of aircraft not capable of instrument flight for a rating to permit the issuance of a ‘‘VFR 

Only’’ limitation for ATP certification. This revision parallels the changes in § 61.63(e). 

68 ...................... § 61.157(h) ................................ Adds a provision to permit an applicant for type rating in a multiengine, single seat airplane 

to be performed in a multi-seat version of that type airplane, or the examiner must be in 

a position to observe the applicant during the practical test. This revision parallels the 

changes in § 61.63(f). 

69 ...................... § 61.157(i) ................................. Adds a provision permitting an applicant for type rating in a single engine, single seat airplane to be performed in a multi-seat version of that type airplane, or the examiner must 

be in a position to observe the applicant during the practical test. This revision parallels 

the changes in § 61.63(g). 

70 ...................... § 61.159(c)(3) ............................ Adds a provision to accommodate the crediting of flight engineer time for U.S. military flight 

engineers for qualifying for an ATP certificate that is similar to what is provided for crediting flight engineer time under part 121. 

71 ...................... § 61.159(d) ................................ Clarifies when an applicant may be issued an ATP certificate with the ICAO endorsement. 


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No. CFR designation Summary of the revisions 

71 ...................... § 61.159(e) ................................ Clarifies a holder of an ATP certificate with the ICAO endorsement may have the endorsement removed after meeting the aeronautical experience of revised § 61.159(d). 

72 ...................... § 61.187(b)(6)(vii) ...................... Deletes the ‘‘go around maneuver’’ for flight instructor certification for the glider rating. 

73 ...................... § 61.195(c)(1) & (2) ................... Establishes the flight instructor qualifications for providing instrument training in flight to be 

a CFII in the appropriate category and class of aircraft. 

74 ...................... § 61.195(d)(3) ............................ Deletes requirement that a flight instructor must sign a student’s certificate for authorizing 

solo flight in Class B airspace. 

75 ...................... § 61.195(k) ................................ Adds flight instructor qualifications for giving the PIC night vision goggle qualification and 

currency training. 

7 ........................ § 61.197(a)(2) ............................ This proposal has been withdrawn, because the FAA has decided to continue to issue 

flight instructor certificates with an expiration date. The proposal would have established 

flight instructor renewal procedures without requiring re-issuance of the actual flight instructor certificate. 

7 ........................ § 61.199(a) ................................ This proposal would have established flight instructor reinstatement procedures without requiring re-issuance of the actual flight instructor certificate. That proposal has been withdrawn, because the FAA has decided to continue to issue flight instructor certificates 

with an expiration date. The FAA is making a minor change to this rule to clarify the reinstatement requirements to allow the performance of a single CFI reinstatement practical 

test renews the other ratings held on that flight instructor certificate. 

76 ...................... § 61.215(b) ................................ Deletes the privilege of advance ground instructors (AGIs) to provide training and endorsement for instrument training. 

77 ...................... § 61.217(a)–(d) .......................... Establishes new currency requirements for ground instructors. 

78 ...................... § 91.205(h) ................................ Establishes the required instruments & equipment for night vision goggle operations. 

79 ...................... § 141.5(a)–(e) ............................ Clarifies that the ‘‘counters’’ for the pass rate must be 10 different people and that no one 

graduate can be counted more than once. 

80 ...................... § 141.9 ....................................... Corrects the rule language for issuing examining authority. 

81 ...................... § 141.33(d)(2) ............................ Reduces the number of student enrollments to qualify for a check instructor position to 10 

students. 

82 ...................... § 141.39 ..................................... Permits the use of foreign registered aircraft for those part 141 training facilities that are located outside of the United States and where the training is conducted outside of the 

United States. 

83 ...................... § 141.53(c)(1) ............................ Deletes subparagraph (c)(1) to remove an obsolete date. 

84 ...................... § 141.55(e)(2)(ii) ........................ Corrects the phrase ‘‘the practical or knowledge test, or any combination thereof’’ to read 

‘‘the practical or knowledge test, as appropriate.’’ 

85 ...................... § 141.77(c)(1), (2), and (3) ........ Makes a technical correction to the language in the rules about the proficiency and knowledge test required for transfer students to a part 141 pilot school. 

86 ...................... § 141.85(a)(1) & (d) ................... Clarifies duties and responsibilities that chief instructor may delegate to an assistant chief 

instructor and recommending instructor. 

87 ...................... Part 141, Appx. B. para. 2 ........ Changes the eligibility requirement for enrollment into the flight portion of the private pilot 

certification course to only require a recreational, sport, or student pilot certificate prior to 

entry into the solo phase of the flight portion of the course. 

88 ...................... Part 141, Appx. B. para. 

4(b)(1)(i).

Corrects in the private pilot certification single engine airplane course requirement by 

changing the training required to read ‘‘on the control and maneuvering of a single engine airplane solely by reference to instruments’’ instead of calling it ‘‘instrument training.’’ 

88 ...................... Part 141, Appx. B. para. 

4(b)(2)(i).

Corrects the private pilot certification multiengine airplane course requirement by changing 

the training required to read ‘‘on the control and maneuvering of a multiengine airplane 

solely by reference to instruments.’’ 

88 ...................... Part 141, Appx. B. para. 

4(b)(5)(i).

Corrects the private pilot certification powered-lift course requirement by changing the training required to read ‘‘on the control and maneuvering of a powered-lift solely by reference to instruments.’’ 

89 ...................... Part 141, Appx. B. para. 5(a)(1) Changes the distance for the cross country flight in the private pilot certification—airplane 

single engine course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical 

miles.’’ 

90 ...................... Part 141, Appx. B. para. 5(b)(1) Changes the distance on a cross country flight in the private pilot certification—airplane 

multiengine course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical 

miles.’’ 

91 ...................... Part 141, Appx. B. para. 5(c)(1) Changes the distance on a cross country flight in the private pilot certification helicopter 

course to conform to ICAO requirements to be a cross country flight of at least 100 nautical miles. Changed the phrase ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nautical miles.’’ 

92 ...................... Part 141, Appx. B. para. 5(d)(1) Changes the distance on a cross country flight in the private pilot certification—gyroplane 

course from ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nautical miles.’’ 

93 ...................... Part 141, Appx. B. para. 5(e)(1) Changes the distance on a cross country flight in the private pilot certification—powered lift 

course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical miles.’’ 

94 ...................... Part 141, Appx. C. para. 4(b)(5) 

& (6).

Allows approval of instrument rating courses that give credit for instrument training on an 

ATD. 

100 .................... Part 141, Appx. D. para. 

4(b)(1)(i).

Requires that the instrument training tasks for the commercial pilot certification airplane single engine course include training using a view-limiting device. 

99 ...................... Part 141, Appx. D. para. 

4(b)(1)(ii).

Allows the complex airplane training in the commercial pilot certificate single engine airplane course to be performed in either in a single engine complex airplane or multiengine complex airplane. 


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No. CFR designation Summary of the revisions 

96 ...................... Part 141, Appx. D. para. 

4(b)(1)(iii).

Allows the daytime cross country flight for the commercial pilot certificate airplane course to 

be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(1)(iv).

Allows the nighttime cross country flight for the commercial pilot certificate airplane course 

to be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(2)(i).

Requires that the instrument training tasks for the commercial pilot certification airplane 

multiengine course include training using a view-limiting device. 

96 ...................... Part 141, Appx. D. para. 

4(b)(2)(iii).

Allows the daytime cross country flight for the commercial pilot certificate airplane course to 

be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(2)(iv).

Allows the nighttime cross country flight for the commercial pilot certificate airplane course 

to be performed under VFR or IFR. 

100 .................... Part 141, Appx. D. para. 

4(b)(3)(i).

Requires that the instrument training tasks for the commercial pilot certification helicopter 

course include using a view-limiting device. 

96 ...................... Part 141, Appx. D. para. 

4(b)(3)(ii).

Allows the daytime cross country flight in the commercial pilot certificate helicopter course 

to be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(3)(iii).

Allows the nighttime cross country flight in the commercial pilot certificate helicopter course 

to be performed under VFR or IFR. 

100 .................... Part 141, Appx. D. para. 

4(b)(4)(i).

Requires that the instrument training tasks for the commercial pilot certification gyroplane 

course include using a view-limiting device. 

96 ...................... Part 141, Appx. D. para. 

4(b)(4)(ii).

Allows the daytime cross country flight in the commercial pilot certificate gyroplane course 

to be performed under VFR or IFR. 

97 ...................... Part 141, Appx. D. para. 

4(b)(4)(iii).

Requires a nighttime cross country flight in the commercial pilot certificate gyroplane 

course to include at least two hours of flight training during nighttime conditions at an airport, that includes 10 takeoffs and 10 landings to a full stop (with each landing involving 

a flight in the traffic pattern). 

100 .................... Part 141, Appx. D. para. 

4(b)(5)(i).

Requires that the instrument training tasks for the commercial pilot certification powered-lift 

course include using a view-limiting device. 

96 ...................... Part 141, Appx. D. para. 

4(b)(5)(ii).

Allows the daytime cross country flight in the commercial pilot certificate powered-lift 

course to be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(5)(iii).

Allows the nighttime cross country flight in the commercial pilot certificate powered-lift 

course to be performed under VFR or IFR. 

100 .................... Part 141, Appx. D. para. 

4(b)(7)(i).

Requires that the instrument training tasks for the commercial pilot certification airship 

course include using a view-limiting device. 

96 ...................... Part 141, Appx. D. para. 

4(b)(7)(ii).

Allows the daytime cross country flight in the commercial pilot certificate airship rating 

course to be performed under VFR or IFR. 

96 ...................... Part 141, Appx. D. para. 

4(b)(7)(iii).

Allows the nighttime cross country flight in the commercial pilot certificate airship rating 

course to be performed under VFR or IFR. 

98 ...................... Part 141, Appx. D. para. 

4(d)(4)(vi).

Adds ‘‘ground reference maneuvers’’ as an area of operation for the gyroplane rating in the 

commercial pilot certificate course. 

95 ...................... Part 141, Appx. D. para. 5(a), 

(c ), (d), & (e).

Allows training to be performed solo or with an instructor onboard for the commercial pilot 

certificate courses. 

101 .................... Part 141, Appx. E. para. 2 ........ Clarifies that a person prior to having completed the flight portion of the ATP course must 

have met the ATP aeronautical experience requirements of part 61, subpart G. 

102 .................... Part 141, Appx. I. para. 3 and 4 Clarifies the amount and content of ground and flight training for the add-on aircraft category and/or class rating courses in the recreational, private, commercial, and ATP certification courses. 

Differences Between NPRM and Final 

Rule 

The notice of proposed rulemaking 

(NPRM) generated considerable interest 

and commentary by the pilot, flight 

instructor, and flight school community 

as well as other stakeholders. While the 

FAA is appreciative of all comments, 

recommendations, and suggestions 

made during NPRM period, they are not 

always related to the instant final rule. 

The FAA received general comments 

on aviation industry future trends. 

Comments on cockpit resource 

management (CRM) and general aviation 

(GA) trends, including very light jet 

(VLJ), will be addressed in other FAA 

rulemakings. 

In response to several comments that 

rule changes would result in undue 

recordkeeping burdens for certificate 

holders and cause new problems such 

as identity theft, we have explained our 

requirements and rationale in the 

preamble of this final rule. We find the 

revisions will clarify and eliminate 

duplication of certain sections and, in 

fact, reduce paperwork. As detailed later 

in this document, revised § 61.29(d)(3) 

ends the requirement that a person 

requesting replacement of a lost or 

destroyed airman certificate, medical 

certificate, or knowledge test report 

must furnish their Social Security 

Number. The change improves privacy 

by one less place where a Social 

Security Number must be furnished and 

complies with Federal Law that forbids 

mandating a Social Security Number for 

identification purposes. The FAA has 

started a rulemaking process revising 

the pilot certificate requirements that 

when exercising the privilege of a pilot 

certificate, the person must carry photo 

identification acceptable to the 

Administrator. This exercise will also 

address security concerns regarding 

pilot identification. Details on this 

rulemaking will appear in the Federal 

Register in due course and comments 

will be solicited before a final rule is 

promulgated. 

Responding to concerns that the FAA 

will deny or revoke privileges for 

inadvertent inaccuracies, based on rereview of § 61.59 we do not find this 

rule invalidates existing regulatory 

requirements for recording flight 

experience. It is not FAA’s intention to 

deny or revoke privileges for 

inadvertent inaccuracies. In fact, many 

of the ‘‘e-initiatives’’ of FAA, 

Department of Transportation, and the 

Federal Government make applications, 

submission, and corrections easier. At 

present, a number of processes can be 


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completed online including the renewal 

of instructor flight certificates. The FAA 

has also made numerous editorial 

changes for clarity. 

Editorial Comments 

The FAA has made numerous 

editorial changes referenced by the 

previous Summary of Revision Table 

and detailed comments appear by 

Revision Number (Revision Number or 

Revision No.). One commenter noted 

FAA Order 8710.3D referenced in the 

NPRM, has been superseded by FAA 

Order 8900.2 and recommended the 

references be updated. The FAA agrees 

and the corrected reference ‘‘FAA Order 

8900.2’’ appears throughout this 

document. 

Discussion of the Final Rule 

1. This revision of § 61.1(b)(13) defines 

the term ‘‘night vision goggles’’ 

Revised § 61.1(b)(13) defines ‘‘night 

vision goggles’’ (NVG) to mean ‘‘an 

appliance worn by a pilot that enhances 

the pilot’s ability to maintain visual 

surface reference at night.’’ 

Two commenters supported the 

proposed definition for night vision 

goggles. One commenter, while 

supporting the general concept of 

defining and addressing night vision 

goggle operations, thought specific 

operational details should be left to 

NVG users. 

The FAA is adopting the revision as 

proposed in the NPRM. 

2. This revision of § 61.1(b)(14) defines 

the term ‘‘night vision goggle operation’’ 

This final rule creates a new 

§ 61.1(b)(14) by defining ‘‘night vision 

goggle operation’’ as ‘‘a flight at night 

where the pilot maintains visual surface 

reference utilizing NVGs in an aircraft 

that is approved for NVG operations.’’ 

One commenter supported the general 

concept of defining and addressing 

night vision goggle (NVG) operations, 

while deferring to NVG users regarding 

specific details of the proposed 

provisions. Two commenters objected to 

the NVG definition on safety grounds. 

The commenters believed the proposed 

definition implies visual references to 

the surface may be maintained solely by 

NVG use and, in the event of a NVG 

malfunction, pilots could be left without 

any visual references. 

The FAA does not believe that the 

definition of ‘‘night vision goggle 

operation’’ would in any way affect 

safety in the event of a NVG 

malfunction. Required pilot training 

should ensure a pilot has the skills and 

ability to revert to visual flight. 

Therefore, the FAA is adopting the 

revision as it was proposed in the 

NPRM. 

3. This revision establishes a new § 61.2 

that clarifies the requirements regarding 

‘‘currency’’ and ‘‘validity’’ throughout 

part 61 as it relates to exercising the 

privileges of an airman certificate, 

rating, endorsement, or authorization 

issued under this part 

The FAA had proposed to revise 

§§ 61.1(b)(2)(i) and (ii), (4), and (20); 

61.3(a)(1), (c), (f)(2)(i) and (ii), and 

(g)(2)(i) and (ii); 61.39(c)(1), 61.69(a)(1); 

61.75(b)(2) and (d); 61.77(b)(1); 

61.103(j); 61.133(a)(1); 61.153(d)(1) and 

(3); 61.167(a) and (b)(3); the 

introductory language of 61.193; 

61.197(a); and 61.215(a), (b), (c), and (d) 

to clarify that airman certificates, 

ratings, and authorizations had to be 

‘‘current’’ and/or ‘‘valid,’’ or both, 

where and when appropriate. However, 

the FAA has now decided to remove the 

words ‘‘current’’ and ‘‘valid’’ entirely 

throughout part 61. This new § 61.2 

establishes the requirements for 

‘‘currency’’ and ‘‘validity’’ as it relates 

to exercising the privileges of an airman 

certificate, rating or authorization. As a 

result of adding this new § 61.2, we 

have removed the word ‘‘current’’ from 

§§ 61.1, 61.3, 61.19, 61.23, 61.25, 61.39, 

61.51, 61.53, 61.55, 61.63, 61.65, 61.73, 

61.75, 61.77, 61.89, 61.93, 61.101, 

61.157, 61.185, 61.195, 61.197, 61.199, 

61.213, 61.303, 61.403, 61.407, 61.429, 

and 61.431. Furthermore, by adding this 

new § 61.2, we have also removed the 

word ‘‘valid’’ from §§ 61.1, 61.3, 61.23, 

61.53, 61.75, 61.77, 61.101, 61.303, 

61.403, 61.429, and 61.431. 

The words ‘‘current’’ and ‘‘valid’’ had 

not been defined until we proposed the 

definitions in the NPRM (i.e., Notice No. 

06–20; 72 FR 5806–5854; February 7, 

2007). In the past, the words ‘‘current’’ 

and ‘‘valid’’ had been used in some 

sections of part 61, but not consistently 

or universally. Section 61.2 establishes 

the requirements for ‘‘currency’’ and 

‘‘validity’’ as it relates to a person’s 

certificate, rating, endorsement, or 

authorization in order to exercise the 

privileges of that certificate, rating, 

endorsement or authorization. 

Five commenters expressed support 

for the various additions or 

replacements making clear that 

certificates, ratings, and other privileges 

must be current and valid for use. One 

commenter pointed out that the changes 

clarify that mere possession of a 

certificate is not necessarily sufficient to 

meet requirements. 

Six commenters asserted that the 

proposed additions or revisions are 

unnecessary. Three commenters 

asserted that the requirement for 

certificates and ratings to be current and 

valid is implied, and it is not necessary 

to revise the regulations to reflect them. 

One commenter asserted that the 

regulatory requirements for exercising 

privileges are effective regardless of 

whether a regulation specifically 

requires that a privilege be current. 

Three commenters believed that the 

proposed changes to § 61.1 make 

adequately clear that pilots’ certificates 

must be both valid and current, and that 

it is unnecessary to add the qualifier 

‘‘current and valid’’ throughout part 61. 

Three commenters recommended that, 

instead of making changes throughout 

part 61, the FAA define valid and 

current in § 1.1 of the regulations. One 

commenter suggested a blanket 

statement to the effect that certificate 

holders are required to meet all 

standards required to exercise any 

particular privilege at the time of 

intended use. One commenter pointed 

out that many certificate types have no 

expiration, making currency a moot 

issue. 

Six commenters pointed out that there 

is nothing on the face of pilot 

certificates that indicates currency or 

validity, and that reference to a logbook 

or training records is required. Three 

commenters asserted that compliance 

with the proposed rules would require 

a pilot to carry logbooks or flight 

training records to prove currency, and 

object to the proposal for that reason. 

These commenters asserted that 

requiring pilots to carry logbooks would 

expose them to loss or damage, and that 

pilots using computer-based flight 

records would be unable to comply. 

Two commenters urged that the 

proposed rules not be interpreted to 

require pilots to carry logbooks. One 

commenter recommended that the 

regulations require a pilot to make proof 

of currency available within a 

reasonable time upon inquiry. 

Five commenters opposed the 

proposed additions and revisions 

because they believe that they will 

confuse matters rather than clarify them. 

Two commenters asserted that 

confusion will result from the fact that 

different currency requirements apply to 

different operations. One commenter 

asserted that there is no distinction 

between a current certificate and a valid 

one. 

The changes made here do not 

establish additional requirements on 

pilots, flight instructors, and ground 

instructors, but merely clarify the 

meaning of the rules. The FAA 

acknowledges the comments received 

on this proposal, and therefore we 

decided to clarify the requirements for 


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‘‘currency’’ and ‘‘validity’’ by 

establishing this new § 61.2. 

4. This revision of § 61.3(j)(3) deletes an 

obsolete date 

We had proposed to delete the 

existing § 61.3(j)(3) that references 

obsolete dates. Section 61.3(j)(3) states 

‘‘Until December 20, 1999, a person may 

serve as a pilot in operations covered by 

this paragraph after that person has 

reached his or her 60th birthday if, on 

March 20, 1997, that person was 

employed as a pilot in operations 

covered by this paragraph.’’ However, 

§ 61.3(j)(3) is being revised in the ‘‘Part 

121 Pilot Age Limit’’ direct final rule, 

and so we have withdrawn the proposal 

to delete it in this rulemaking project. 

We also had proposed deleting the 

statement in ‘‘Except as provided in 

paragraph (j)(3) of this section’’ under 

§ 61.3(j)(1). Again, we have withdrawn 

this proposal, because the ‘‘Part 121 

Pilot Age Limit’’ direct final rule will 

conform the age at which pilots may 

serve in part 121 air carrier operation to 

the Fair Treatment for Experienced 

Pilots Act, Public Law 110–135. 

Two commenters supported 

elimination of the exception to age 

limitations because the date has passed. 

Two commenters opposed application 

of age limitations on operating 

privileges. One commenter 

recommended relaxing the age 

limitations with respect to certain 

operations, noting that available data 

does not provide a logical basis. One 

other commenter argued that, 

irrespective of age, an individual should 

be permitted to exercise all privileges if 

he/she can pass the applicable medical 

examination. 

The FAA acknowledges the comments 

received on this proposal. The FAA will 

amend § 61.3(j)(3) in the ‘‘Part 121 Pilot 

Age Limit’’ direct final rule. 

5. This revision of § 61.19(b) amends the 

duration of the student pilot certificate 

In the NPRM, we had proposed to 

revise § 61.19(b) to extend the duration 

period for the student pilot certificate to 

thirty-six calendar months for 

individuals under the age of 40 years. 

Since we proposed this revision, the 

FAA has issued the ‘‘Modification of 

Certain Medical Standards and 

Procedures and Duration of Certain 

Medical Certificates’’ final rule (73 FR 

43064; July 24, 2008) incorporating a 

new § 61.23(d) that extended the 

duration of the third class medical 

certificate to the ‘‘60th month after the 

month of the date of examination shown 

on the medical certificate’’ for persons 

under the age of 40 years. Therefore, we 

are making a conforming change that 

further revises § 61.19(b) to parallel with 

the provisions set forth in the 

‘‘Modification of Certain Medical 

Standards and Procedures and Duration 

of Certain Medical Certificates’’ final 

rule. 

Twelve commenters supported the 

proposed revision. Five commenters 

supported the proposed correspondence 

to the duration of third class medical 

certificate, but recommended that the 

provision also take into account a 

proposed change in the duration of 

those certificates. One commenter 

supported the proposed provision, but 

recommended it be applicable to all 

student pilots, regardless of age. Three 

commenters expressed support for 

increasing duration of student pilot 

certificates for persons seeking a glider 

or balloon rating and one person 

recommended that the duration also be 

increased for those seeking an airship 

rating, because of the limited training 

assets available. 

The FAA acknowledges the 

supportive comments received on this 

proposal, and has made the changes and 

conforming changes to § 61.19(b). 

6. This revision of § 61.19(b)(3) extends 

the duration period to 36 calendar 

months for the student pilot certificate 

for persons seeking a balloon or glider 

rating 

In the NPRM, we proposed to revise 

§ 61.19(b)(3) to extend the duration 

period for the student pilot certificate 

for persons seeking a balloon or glider 

rating to thirty-six calendar months. 

Since we proposed this revision, the 

FAA has issued the ‘‘Modification of 

Certain Medical Standards and 

Procedures and Duration of Certain 

Medical Certificates’’ final rule (73 FR 

43064; July 24, 2008) that incorporates 

a new § 61.23(d) that extended the 

duration of the third class medical 

certificate to the ‘‘60th month after the 

month of the date of examination shown 

on the medical certificate’’ for persons 

under the age of 40 years. Therefore, we 

are making a conforming change that 

further revises § 61.19(b)(3) to parallel 

the provisions set forth in the 

‘‘Modification of Certain Medical 

Standards and Procedures and Duration 

of Certain Medical Certificates’’ final 

rule. In effect, this revision extends the 

duration period for the student pilot 

certificate for persons seeking a balloon 

or glider rating to 60 calendar months 

after the month of the date the student 

pilot certificate was issued, regardless of 

the age of the person. Under the rule, 

persons seeking a balloon or glider 

rating are not required to hold a medical 

certificate (See § 61.23(b)(1)). 

Three commenters supported the 

proposed increase in duration of student 

pilot certificates for persons seeking a 

glider or balloon rating. One commenter 

recommended the duration also be 

increased for persons seeking an airship 

rating due to the limited training assets 

available. The FAA has determined that 

the recommendation to expand this 

revision to include persons seeking an 

airship rating is beyond the scope of this 

final rule. 

The FAA acknowledges the comments 

received on this proposal, and has made 

the change and conforming changes to 

§ 61.19(b)(3). 

7. This proposal would have amended 

§§ 61.19(d), 61.197(a), and 61.199 to 

allow for the issuance of a flight 

instructor certificate without an 

expiration date and clarifies the flight 

instructor certificate reinstatement 

requirements 

The FAA proposed in the NPRM to 

revise §§ 61.19(d), 61.197(a), and 61.199 

allowing issuance of flight instructor 

certificates without an expiration date. 

After further consideration and 

additional analysis and review of 

comments, we have determined revising 

our application procedures can achieve 

equivalent results. We plan to adopt a 

simplified application process where a 

flight instructor refresher course (FIRC) 

provider can submit applications 

directly to the FAA’s Airman 

Certification Branch in Oklahoma City, 

Oklahoma. When the flight instructor 

renewal applicant signs and completes 

an application, the FIRC provider mails 

the application directly to the FAA’s 

Airman Certification Branch. At this 

point, the FAA will prepare and issue 

the renewed flight instructor certificate 

with a new expiration date. 

We also decided to continue issuing 

flight instructor certificates with 

expiration dates, but through a 

simplified application process. This 

simplified application process allows 

for the flight instructor renewal 

applicant to complete and sign new 

‘‘Flight Instructor Renewal 

Application,’’ FAA Form 8710–1 CFI. If 

the flight instructor renewal application 

is a result of completing FIRC training 

course of training, most FIRC providers 

have Airman Certification 

Representatives assigned to process 

their flight instructor renewal 

applications. The FAA’s Airman 

Certification Branch, AFS–760, has a 

process in place where most FIRC 

providers are now permitted to submit 

their flight instructor renewal 

applications directly to the FAA’s 

Airman Certification Branch. 


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Under this process, a FIRC provider’s 

entire responsibility is to positively 

identify applicant, sign application, and 

send to the FAA Airman Certification 

Branch. The FAA’s Airman Certification 

Branch will then process and issue the 

renewed flight instructor certificate. 

Although the Aircraft Owner and Pilots 

Association (AOPA) Safety Foundation 

petitioned the FAA to issue flight 

instructor certificates without an 

expiration date, we believe our 

simplified application process provides 

equivalent results. Furthermore, since 

the AOPA Safety Foundation petitioned 

for this change in 1999, the FAA 

believes its changes in the application 

and certification process have negated 

the need for the petitioned change. 

8. This revision of § 61.19(e) 

standardizes the recent experience 

requirements for the ground instructor 

certificate 

This final rule amends § 61.19(e) 

linking currency requirements for the 

ground instructor certificate with 

duration period requirements. Our 

intent is to further clarify currency 

requirements for ground instructors. 

Since issuance of § 61.19(e), there have 

been some questions about how a 

ground instructor remains current. By 

revising § 61.19(e) and linking this 

provision with the recent experience 

requirements under revised § 61.217 we 

provide clarity. Four commenters 

supported the proposed provisions 

bringing ground instructor certificate 

durations in line with currency 

requirements. 

The Greater St. Louis Flight Instructor 

Association recommended ground 

instructors be required to complete a 

Flight Instructor Refresher Clinic to 

renew their privileges every 2 years. 

Such a renewal requirement would 

refresh instructors on core concepts and 

allow introduction of new material. 

The FAA is adopting the revision as 

proposed in the NPRM. 

9. This revision of § 61.23(a)(3)(vii) 

provides for Examiners to only be 

required to hold a third class medical 

certificate 

Amended § 61.23(a)(3)(vii) requires 

Examiners to hold only a third class 

medical certificate. The FAA wants to 

parallel Examiners’ medical certificate 

requirements in FAA Order 8900.2. 

FAA Order 8900.2 requires that an 

Examiner hold only a third class 

medical certificate when performing 

practical tests in an aircraft (with an 

exception for Examiners administering 

practical tests in a glider or balloon). 

Four commenters supported the 

provision permitting examiners to hold 

only a third class medical certificate. 

The Greater St. Louis Flight Instructor 

Association asserted that examiners 

should not be required to hold a 

medical certificate at all, because, 

according to § 61.47, an Examiner is not 

the pilot in command (PIC). The 

association further asserted that 

Examiners reviewing sport pilot 

certificate applicants should not be 

required to hold a medical certificate. 

The FAA acknowledges the comments 

received about our proposals. We are 

adopting the provision permitting 

Examiners only be required to hold 

third class medical certificates in 

§ 61.23(a)(3)(vii). 

10. This revision of § 61.23(b)(3) clarifies 

that persons exercising the privileges of 

a glider or balloon rating are not 

required to hold a medical certificate 

This final rule amends § 61.23(b)(3) 

by clarifying that persons exercising the 

privileges of a glider or balloon rating 

are not required to hold a medical 

certificate. The FAA has received 

questions about § 61.23(b)(3). Some 

have asked whether the no medical 

certificate requirement for operating a 

balloon or a glider applies only when a 

person is taking a practical test for a 

glider or balloon rating or whether it 

applies when a person is exercising the 

privileges of a glider or balloon rating. 

The rule is intended to apply in both 

situations. Section 61.23(b)(3) now 

clarifies that persons exercising the 

privileges of their glider or balloon 

rating, as appropriate, are not required 

to hold a medical certificate. As 

specified in the revised § 61.23(b)(8), a 

person also is not required to hold a 

medical certificate when taking a 

practical test for a balloon or glider 

rating. 

Two commenters supported the 

proposed clarification that no medical 

certificate is required to exercise private 

pilot privileges in a balloon or glider. 

The FAA is adopting this change 

because it further clarifies § 61.23(b)(3) 

that when pilots are exercising the 

privileges of their glider or balloon 

rating, they do not have to hold a 

medical certificate. 

11. This revision of § 61.23(b)(7) adds 

situations where an Examiner need not 

hold a medical certificate 

This final rule amends § 61.23(b)(7) to 

establish that when an Examiner or a 

Check Airman is administering a test or 

check for an airman certificate, rating, or 

authorization in a glider, balloon, flight 

simulator, or flight training device, he/ 

she will not be required to hold a 

medical certificate. Existing 

§ 61.23(b)(7) states that an Examiner or 

Check Airman is not required to hold a 

medical certificate when administering 

a test or check for a certificate, rating, 

or authorization in a flight simulator or 

flight training device. The words 

‘‘glider’’ and ‘‘balloon’’ were 

inadvertently left out when the rule was 

last revised. 

Two commenters supported the 

proposed clarification that no medical 

certificate is required to administer a 

practical test in a glider, balloon, flight 

simulator, or flight training device. The 

FAA is adopting the revision as 

proposed in the NPRM. 

12. This revision of § 61.23(b)(8) adds 

situations where an applicant need not 

hold a medical certificate 

This final rule amends § 61.23(b)(8) 

establishing when an applicant is 

receiving a test or check for a certificate, 

rating, or authorization in a glider, 

balloon, flight simulator, or flight 

training device, the applicant is not 

required to hold a medical certificate. 

Existing § 61.23(b)(8) states that an 

applicant is not required to hold a 

medical certificate when receiving a test 

or check for a certificate, rating, or 

authorization in a flight simulator or 

flight training device. The words 

‘‘glider’’ and ‘‘balloon’’ were 

inadvertently left out when the rule was 

last revised. 

Two commenters supported the 

proposed clarification adding that a 

medical certificate is not required to 

undergo a practical test in a glider, 

balloon, flight simulator, or flight 

training device. 

The FAA is adopting the revision as 

proposed in the NPRM. 

13. This revision of § 61.23(b)(9) relieves 

military pilots of the U.S. Armed Forces 

from having to obtain an FAA medical 

certificate 

This final rule adds a new 

§ 61.23(b)(9) that, in some cases, relieves 

military pilots from the requirement to 

have an FAA medical certificate. 

Instead, military pilots must have an upto-date medical examination conducted 

by the U.S. Armed Forces, which 

authorizes them to perform flight duty. 

This exception is for military pilots 

from the U.S. Air Force, U.S. Army, U.S. 

Marine Corps, U.S. Navy, U.S. Coast 

Guard, and National Guard and Reserve 

units. 

The pilot’s authorization for flight 

duty must be up to date on the date he 

or she relies on the military medical 

authorization to qualify for the 

§ 61.23(b)(9) exception. We are using the 

general phrase ‘‘up to date’’ to modify 

a pertinent military medical 

authorization because the terminology 


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regarding flight duty/flight status varies 

between the Army, Navy, Air Force, 

Marine Corps, Coast Guard, and 

National Guard and Reserve. The 

exception may be only used for flights 

requiring privileges of an FAA thirdclass medical certificate and when 

flying within U.S. airspace. We have 

limited this exception to operations 

within U.S. airspace because 

international standard (Annex 1 to the 

Convention on International Civil 

Aviation) requires pilots to hold an 

appropriate medical certificate from 

their civil aviation authority. 

A conforming change has also been 

made to new § 61.3(c)(2)(xii) to exclude 

U.S. military pilots from having to carry 

an FAA medical certificate when 

exercising the privileges of their FAA 

pilot certificates. However, an up-todate military medical examination is 

required for that person’s active status 

as a military pilot. If requested by the 

FAA, the pilot will be required to show 

active status as a military pilot in lieu 

of the FAA medical certificate. To 

clarify, by ‘‘active status’’ we mean that 

the military pilot has an up-to-date 

medical examination and clearance 

issued by the U.S. Armed Forces 

authorizing pilot flight duty. Common 

military terminology for this 

authorization is an ‘‘up slip’’ or medical 

clearance to fly. 

As implied in the existing 

§ 61.39(a)(4), to be eligible for a practical 

test for a certificate or rating issued 

under part 61, one does not always need 

to hold an FAA-issued medical 

certificate. Under this § 61.23(b)(9) 

exception, a military pilot who is 

applying for a practical test is only 

required to have completed a U.S. 

military medical examination for 

military pilot status in lieu of holding 

an FAA third-class medical certificate. 

The FAA has determined that medical 

examinations provided by the U.S. 

Armed Forces provide a level of safety 

that more than satisfies the standards 

required for an FAA third-class medical 

certificate. 

The FAA recognizes that each branch 

of the U.S. military has its own set of 

medical standards required for military 

pilot applicants. While there may be 

differences, the FAA finds that the 

military medical standards met by 

applicants—many who will conduct 

complex military exercises or combat 

operations—are, by nature and of 

necessity, more stringent and therefore 

exceed minimum 14 CFR part 67 

standards. Military medical 

examinations also are more stringent. 

For example, military pilots endure 

more thorough vision screening—such 

as for refraction, depth perception, night 

vision, and intraocular tension. Military 

pilots are subjected to audiometry 

testing during the hearing portion of 

their examinations whereas civilian 

pilots are allowed to choose their 

method of hearing test which can be a 

speech discrimination test, a 

conversational voice test, or pure-tone 

audiometry. Laboratory testing (such as 

glucose, lipid, hemoglobin, serology, 

urinanalysis testing) and radiographic 

studies (such as chest x-ray) also are 

conducted. 

The FAA recognizes that there may 

not be absolute parallels in military and 

civilian aviation with regard to certain 

procedural screening, such as for 

substance abuse. For example, the FAA 

verifies all medical certificate 

applications against information 

contained in the National Driver 

Registry to determine whether an 

applicant has failed to reveal an alcoholrelated motor vehicle action. While this 

may not be done in the same manner 

during military pilot medical screening, 

military pilots are more subject to 

routine screening for substance abuse 

than are civilian pilots. Civilian private 

pilots must adhere to part 61 substance 

abuse standards, however they are not 

subject to routine drug testing. Unlike in 

the civilian realm where notice must be 

given, in the military realm routine 

screening typically is unannounced and 

is observed by collectors. In addition, 

within a military squadron, close 

observation and scrutiny of behavior is 

provided by colleagues within the 

squadron and also by squadron flight 

surgeons who work and fly with 

military pilots on a daily basis. 

While medication usage authorized 

for military pilots may differ from usage 

authorized by the FAA for civilian 

pilots, the basic philosophy is the 

same—when contraindicated for flying, 

pilots must be grounded. Military pilots 

must be approved by a flight surgeon 

when taking any new medication. While 

military pilots are bound by standards 

similar to 14 CFR 61.53, prohibiting 

operations during a known medical 

deficiency, military pilots are more 

likely to be removed from flying duties 

before they have to make the decision to 

ground themselves. Because military 

oversight of pilots is branch specific, 

whereas FAA oversight is much more 

broad-based, the military is able to 

ground pilots more readily when 

necessary. Military pilots may not 

return to flight status unless approved 

by a flight surgeon. 

Twelve commenters supported the 

proposed provision excusing military 

pilots who have an up-to-date military 

medical examination from holding an 

FAA medical certificate. Six 

commenters recommended that, in 

addition to military pilots, any military 

air crewmember holding an up-to-date 

military medical examination be 

allowed to meet FAA medical certificate 

requirements without actually holding 

an FAA-issued medical certificate. One 

commenter opined that the proposed 

provision appears to conflict with 

§ 61.31(c)(1) requiring pilots to carry 

their medical certificates to operate as 

pilot in command (PIC). Two 

commenters recommended that FAA 

clarify what constitutes evidence of a 

military medical examination, and one 

person suggested the FAA define 

‘‘current’’ for such examinations. He/she 

further recommended such 

examinations be current for twelve 

calendar months from examination date. 

The Experimental Aircraft 

Association (EAA) and the National 

Association of Flight Instructors (NAFI) 

noted that §§ 91.146 and 91.147, 

prescribing requirements for passengercarrying flights for the benefit of 

charitable, nonprofit, or community 

events, require the event sponsor to 

furnish the local Flight Standard District 

Office (FSDO) with a photocopy of the 

pilot’s medical certificate. EAA and 

NAFI recommended amending the 

proposed rule to clarify that military 

pilots are eligible to conduct such 

flights based on their military 

examination. 

In response to commenters who 

requested any military air crewmember 

holding a military medical examination 

(e.g., aviation weapons officer, flight 

surgeon, navigator, flight crew chief, 

flight engineer, etc.) be excused from 

FAA medical certificate requirements, 

we have determined that this medical 

exception will only be afforded to U.S. 

military pilots. We determined there are 

too many differences in the stringency, 

standards, and durations of military 

medical examinations for the various 

other kinds of military crewmembers to 

permit crewmembers other than pilots 

to exercise the privileges of an FAA 

medical certificate without requiring 

them to hold one. Therefore, this 

medical exception provided in 

§ 61.23(b)(9) will only be afforded to 

U.S. military pilots under the 

circumstances described above. 

Procedurally, we envision this 

process to work as follows. A military 

pilot’s satisfactory completion of a 

military medical examination from the 

U.S. Armed Forces, which authorizes 

the pilot flight duty, is routinely 

recorded on a military medical 

clearance or recommendation for flying 

form (e.g., DA Form 4186, AF Form 

1042, NAVMED 5410/2, etc.). The pilot 

will not need to show the actual 


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military medical examination record 

form. If the pilot is required to show the 

FAA that he or she has an up-to-date 

military medical clearance authorizing 

pilot flight duty on a given day, the pilot 

will only need to show the FAA a copy 

of the official U.S. military pilot flight 

documentation record, which indicates 

the pilot’s flight status and his or her 

medical standing. 

We do not find that the proposed 

exception conflicts with § 61.31(c)(1), 

requiring pilots to carry their medical 

certificates to operate as PIC. Since 

military pilots do not carry an actual 

document of their military medical 

examination, they are excused from 

having to carry a medical certificate 

when exercising the privileges of their 

FAA pilot certificates. We have 

provided a discussion and explanation 

of this matter in the preceding 

paragraphs. 

Responding to the EAA and NAFI 

comment regarding §§ 91.146 and 

91.147 requirements for passengercarrying flights benefiting charitable, 

nonprofit, or community events, 

military pilots are not required to hold 

an FAA medical certificate under our 

new § 61.23(b)(9). This means that the 

military medical examination normally 

could not be used for flights engaged in 

the carriage of passengers or property 

for compensation or hire. However, 

under § 61.113(b) there are some limited 

exceptions for private pilots holding a 

third-class medical certificate, and the 

military pilots qualifying for our new 

§ 61.23(b)(9) would qualify for the 

§ 61.113(b) exceptions as well. 

In response to the commenter 

requesting we define ‘‘current’’ (i.e., 

proper duration) for the purposes of a 

U.S. military medical examination, the 

U.S. military duration standard for 

examinations for pilot flight status is 

typically one year, though some may be 

as short as six calendar months or as 

long as eighteen calendar months. 

However, the specific duration 

requirements for U.S. military medical 

examinations are governed by the U.S. 

Armed Forces, not the FAA. Also, the 

military has procedures in place similar 

to the civil requirements of § 61.53 

prohibiting flight duty when they are 

unable to meet medical requirements. 

14. This revision of § 61.29(d)(3) deletes 

the requirement for a person to furnish 

their Social Security Number 

This final rule no longer requires that 

a person requesting replacement of a 

lost or destroyed airman certificate, 

medical certificate, or knowledge test 

report furnish his/her Social Security 

Number. The FAA by law cannot 

require a person to furnish his/her 

Social Security Number. However, a 

person may voluntarily provide his/her 

Social Security Number to establish his/ 

her identity. In addition, we have added 

clarifying language in § 61.29(d)(4) 

explaining what information is required 

in the letter from a person who requests 

replacement of a lost or destroyed 

medical certificate. 

Six commenters supported 

elimination of having to furnish a Social 

Security Number for a replacement 

certificate. One commenter objected to 

our proposal arguing that a Social 

Security Number should be furnished at 

all times. The FAA acknowledges the 

comments received about this proposal. 

Federal Law restricting release of Social 

Security Numbers is controlling over 

FAA regulations. Therefore, the FAA is 

adopting the revision as proposed in the 

NPRM. 

15. This revision deletes the duplication 

in § 61.31(d)(2) by deleting the rule 

This final rule deletes § 61.31(d)(2) 

that required a pilot in command (PIC) 

to receive ‘‘training for the purpose of 

obtaining an additional pilot certificate 

and rating that are appropriate to that 

aircraft, and be under the supervision of 

an authorized instructor.’’ The FAA has 

received inquiries about the difference 

between paragraphs (d)(2) and (d)(3) 

and found that they are conflicting. We 

also found that paragraph (d)(2) 

conflicts with § 61.51(e)(1)(i). 

When the FAA initially revised 

§ 61.31(d), we were considering a new 

phrase ‘‘supervised PIC flight’’ that 

would allow a PIC in training to act as 

an aircraft’s PIC if properly supervised 

by their flight instructor. (See 60 FR 

41160, 41227; August 11, 1995). The 

‘‘supervised PIC flight’’ concept was not 

adopted in the final rule, but paragraph 

(d)(2) erroneously remained in the final 

rule (See 62 FR 16220; April 4, 1997). 

Paragraph (d)(3) of § 61.31 details FAA’s 

PIC requirements and § 61.51(e)(1)(i) for 

logging PIC flight time. 

Three commenters supported changes 

to § 61.31(d). One commenter noted that 

under proposed §§ 61.31(d)(2) and 

61.51(e)(1), a pilot not rated for a 

category or class of aircraft could, 

without time limitation, log PIC flight 

time in that category or class of aircraft 

once he/she received a solo flight 

endorsement. The commenter suggested 

the FAA put a duration limitation on 

solo endorsements similar to the 90-day 

limitation on solo endorsements issued 

to student pilots. 

The FAA acknowledges the comments 

received about this proposal. The 90- 

day limitation on solo endorsements is 

for student pilots, not rated pilots. 

Therefore, the FAA is deleting 

§ 61.31(d)(2) as proposed in the NPRM. 

16. This revision adds a new § 61.31(k) 

that provides training and qualification 

requirements for pilots who want to 

operate with night vision goggles 

This final rule creates a new 

§ 61.31(k) that will require ground and 

flight training and a one-time instructor 

endorsement for a pilot to act as PIC 

during night vision goggle (NVG) 

operations. This final rule 

‘‘grandfathers’’ PICs previously 

qualified as PIC for NVG operations 

under § 61.31(k). Under new 

subparagraph (k)(3), a pilot will not 

need the ‘‘one-time’’ NVG training and 

endorsement provided the pilot can 

document having satisfactorily 

accomplished any of the following pilot 

checks for using NVGs in an aircraft: 

• Completion of an official pilot 

proficiency check for using NVGs and 

that check was conducted by the U.S. 

Armed Forces; or 

• Completion of a pilot proficiency 

check for using NVGs under part 135 of 

this chapter and that check was 

conducted by an Examiner or a Check 

Airman. 

Three commenters generally 

supported the training requirements for 

NVG operations. The Aircraft Owners 

and Pilots Association (AOPA) 

supported the general concept of 

defining and addressing NVG 

operations, while urging deference to 

NVG users on specific operational 

details of proposed provisions. The 

General Aviation Manufacturers 

Association (GAMA) suggested the FAA 

consider recommendations from both 

the 2000 Aviation Rulemaking Advisory 

Committee (ARAC) with respect to NVG 

operations and the September 7, 2005 

part 135/125 Aviation Rulemaking 

Committee (ARC). 

American Eurocopter and the 

Helicopter Association International 

(HAI) objected to the requirement for 

training on the preparation and use of 

internal and external lighting systems 

for NVG operations. They asserted that 

external lighting systems of helicopters 

should require no preparation for NVG 

operations and if external lights are 

interfering with operations, they can be 

turned off. The commenters supported 

the proposed rule to the extent the 

requirement refers to training in the use 

of existing external lighting. Eurocopter 

and HAI also supported qualified law 

enforcement personnel NVG operations 

training and endorsement requirements. 

Four comments were submitted by 

representatives of law enforcement 

agencies or entities involved in training 

law enforcement personnel in NVG 


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operations. These commenters noted 

NVG flight operations are conducted on 

a wide scale by law enforcement 

agencies and civilian public service 

operators. These four commenters 

proposed that pilots who have 

completed a formal NVG training course 

administered by an NVG manufacturer 

or authorized trainer or instructor and 

have logged twenty hours as PIC in NVG 

operations should be excused from the 

NVG operations training and 

endorsement requirements. An 

exemption from NVG operations 

training and endorsement should also 

be granted to U.S. Armed Forces pilots 

with NVG or part 135 experience. One 

commenter objected to NVG operations 

by the general flying public and stated 

use outside of law enforcement should 

be prohibited. The commenter asserted 

the risks of such use outweigh any 

potential benefit. The commenter also 

recommended use of NVG by law 

enforcement personnel should be 

addressed by a stand alone rulemaking. 

The FAA appreciates the diverse 

comments received on our NVG training 

and qualification requirement proposal. 

The NVG ground and flight training in 

§ 61.31(k) include recommendations 

from the 2000 ARAC and part 125 and 

135 ARCs. We have further reviewed the 

ground and flight training in § 61.31(k) 

to ensure that the ground and flight 

training requirements conform to 

industry recommendations. The FAA 

agrees with the commenters and has 

further revised § 61.31(k) accordingly. 

The FAA has added a new paragraph 

(iii) to § 61.31(k)(3) to incorporate these 

recommendations. 

In response to the recommendation 

about preparation of external lighting 

systems, we have revised the rule text 

to clarify the intent. We agree that a 

pilot does not have ability to prepare 

external lighting systems and thus we 

have revised the language in 

§ 61.31(k)(2)(i). We have replaced the 

word ‘‘preparation’’ with ‘‘preflight’’ to 

clarify the intent for a pilot to preflight 

the internal and external aircraft 

lighting systems. 

Finally, we do not agree that NVG 

operations should be restricted to law 

enforcement personnel. There are 

legitimate civilian uses for NVG, and 

our rule for training and qualifications 

will benefit law enforcement and other 

users of NVG. This final rule includes 

provisions to excuse law enforcement 

pilots who have completed a formal 

NVG training course administered by an 

NVG manufacturer or authorized trainer 

or instructor and have logged 20 hours 

as PIC in NVG operations from the 

training and endorsement requirements 

for NVG operations. This would be in 

addition to excusing pilots with NVG 

experience in the U.S. armed forces or 

in operations under part 135. For the 

above reasons, the FAA is adopting the 

ground and flight training requirements 

for NVG qualifications in § 61.31(k). 

17. This revision adds a new 

§ 61.35(a)(2)(iv) that requires proof of 

current residential address at the time 

of application for a knowledge test 

New § 61.35(a)(2)(iv) clarifies when a 

person’s permanent mailing address is a 

P.O. Box, the person must show proof 

of their current residential address at 

the time of application for a knowledge 

test. The purpose of this change is to 

conform the instructions in revised 

§ 61.35(a)(2)(iv) with instructions in 

existing § 61.60. 

Three commenters opposed the 

proposed provision requiring an 

applicant for a knowledge test to 

provide proof of a current residential 

address, asserting a knowledge test 

alone does not result in the issuance of 

a certificate or rating. Two other 

commenters noted that proof of 

residence is not required for an airman 

application, although airmen are 

required to notify the FAA of changes of 

address before exercising privileges. 

One commenter argued since proof of 

residential address is required for a 

practical examination, requiring it for a 

knowledge test is redundant and 

unnecessary. 

The FAA acknowledges the comments 

received on this proposal. The essence 

of this change is merely to further 

clarify the intent of the existing rule and 

no substantive change is being made to 

the rule. The FAA is adopting the 

revision as proposed in the NPRM. 

18. This revision of § 61.39(b)(2) deletes 

the word ‘‘scheduled’’ in front of the 

phrase ‘‘U.S. military air transport 

operations’’ 

Revised § 61.39(b)(2) deletes the word 

‘‘scheduled’’ in front of the phrase ‘‘U.S. 

military air transport operations’’ 

because there is no such thing as 

‘‘scheduled’’ U.S. military transport 

operations. One commenter supported 

the proposed deletion. The FAA is 

adopting the revision as it was proposed 

in the NPRM. 

19. This revision of § 61.39(c)(2) deletes 

the phrase ‘‘or a class rating with an 

associated type rating’’ in reference to 

the endorsement exception for applying 

for an additional aircraft class rating 

Revised § 61.39(c)(2) deletes the 

phrase ‘‘or a class rating with an 

associated type rating’’ for persons who 

are applying for an additional aircraft 

class rating. In §§ 61.39(a)(6) and 

61.63(c), the rules require an applicant 

for a practical test for an additional 

aircraft class rating to receive a logbook 

or training record endorsement from an 

authorized instructor. Existing 

§ 61.39(c)(2) incorrectly suggests that an 

endorsement is not required for an 

applicant for an aircraft class rating. 

This final rule amends § 61.39(c)(2) by 

removing the phrase ‘‘or a class rating 

with an associated type rating’’ which 

clarifies that the rule does not exempt 

applicants for an aircraft type rating 

from having to receive an endorsement 

from an authorized instructor. 

One commenter supported the 

deletion of the instructor endorsement 

exception for an additional class rating. 

The FAA acknowledges the comment 

received on this proposal. The purpose 

of this change is to correct a mistake in 

the former § 61.39(c)(2). No substantive 

changes have been made to § 61.39(c)(2), 

and we are adopting the revision as 

proposed in the NPRM. 

20. This revision of § 61.39(d) and (e) 

clarifies the time frame for completing 

a practical test 

This revision amends the phrase ‘‘60 

calendar days’’ in § 61.39(d) and (e) to 

read ‘‘2 calendar months.’’ Our 

proposed change makes it simpler to 

calculate the time for when a segmented 

practical test must be completed. An 

applicant who accomplishes a 

segmented practical test will be required 

to complete the entire practical test 

within two calendar months after 

beginning the test. For example, an 

applicant who starts the oral portion of 

the practical test on July 2, 2008, will 

have to complete the remaining portions 

of the practical test (i.e., simulator/ 

training device check and aircraft flight 

check) before the end of September 

2008. Additionally, we have further 

revised § 61.39(a)(6)(i) because we failed 

to propose a change of ‘‘60 days’’ to read 

‘‘2 calendar months’’ in the rule. This 

was an inadvertent oversight and 

spotted by a commenter during NPRM 

review. 

Ten commenters supported the 

proposed change in the time in which 

a practical test must be completed. One 

commenter asserted that if the time for 

completion of a practical test is changed 

to two calendar months, the validity 

period of the flight instructor 

endorsement must likewise be changed. 

LeTourneau University recommended 

the currency requirements of 

§ 61.57(a)(1) and (b)(1) also be changed 

from ninety days to three calendar 

months. Another commenter generally 

supported bringing all time 

requirements in line by using a calendar 

month basis, but objected that the 


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proposed rule, as written, could give 

pilots up to 3 months to complete a 

practical test. The commenter’s 

assessment is correct, and the new rule 

change will allow a pilot to have up to 

three months to complete a practical 

test. 

The FAA also agrees with the 

recommendation to revise the validity 

period for flight instructor endorsement 

from ‘‘60 days’’ to read ‘‘2 calendar 

months’’ because of our inadvertent 

oversight in not proposing this change 

in § 61.39(a)(6)(i). Therefore, further 

revised § 61.39(a)(6)(i) now reads: ‘‘Has 

received and logged training time 

within 2 calendar months preceding the 

month of application in preparation for 

the practical test.’’ 

21. This revision of § 61.43(b) will 

clarify when an applicant has the choice 

to perform the practical test as a single 

pilot or use a second in command 

This final rule has revised § 61.43(b) 

to clarify when an applicant can 

perform the practical test as a single 

pilot or use a second in command. If a 

second in command pilot is used under 

new § 61.43(b)(3), the limitation 

‘‘Second in Command Required’’ will be 

placed on the applicant’s pilot 

certificate. This final rule revises 

§ 61.43(a) by moving old § 61.43(a)(5) 

into revised § 61.43(b). 

Under new § 61.43(b)(1), if the 

aircraft’s FAA-approved aircraft flight 

manual requires the pilot flight crew 

complement be a single pilot, then the 

applicant will be required to 

demonstrate single pilot proficiency on 

the practical test. Under new 

§ 61.43(b)(2), if the aircraft’s type 

certification data sheet requires the pilot 

flight crew complement be a single 

pilot, then the applicant is required to 

demonstrate single pilot proficiency on 

the practical test. The Cessna 172, 

Cessna 310, Piper Malibu (PA–44), and 

Beech Baron (BE–58) are examples of 

aircraft whose flight manuals and/or 

type certification data sheets require the 

pilot flight crew complement be a single 

pilot. 

Under new § 61.43(b)(3), if the FAA 

Flight Standardization Board report, 

FAA-approved aircraft flight manual, or 

aircraft type certification data sheet 

allows the pilot flight crew complement 

to be either a single pilot, or a pilot and 

a copilot, then the applicant may 

perform the practical test as a single 

pilot or with a copilot. If the applicant 

performs the practical test with a 

copilot, the limitation of ‘‘Second in 

Command Required’’ will be placed on 

the applicant’s pilot certificate. Under 

new § 61.43(b)(3), the ‘‘Second in 

Command Required’’ limitation may be 

removed if and when the applicant 

passes the practical test by 

demonstrating single-pilot proficiency 

in the aircraft in which single-pilot 

privileges are sought. 

Examples of aircraft for which an 

FAA Flight Standardization Board has 

approved the minimum pilot flight crew 

complement to be either a single pilot, 

or a pilot with a copilot, are certain 

models of the Beech 300, Beech 1900C, 

and Beech 1900D airplanes that 

received certification under SFAR 41; 

certain models of the Empresa Brasileira 

de Aeronautica EMB 110 airplanes that 

received certification under SFAR 41; 

and certain models of the Fairchild 

Aircraft Corporation SA227–CC, 

SA227–DC, and other Fairchild 

commuter category airplanes on that 

same type certificate that received 

certification under SFAR 41 and that 

have a passenger seating configuration, 

excluding pilot seats, of nine seats or 

less and the airplane’s type certificate 

authorizes single pilot operations. 

The Cessna 501, Cessna 525, Cessna 

551, Raytheon 390, and Beech 2000 are 

examples of aircraft whose flight 

manuals and/or type certification data 

sheets allow the minimum pilot flight 

crew complement to be either a single 

pilot, or a pilot with a copilot. 

Two commenters supported the 

proposed clarifications of circumstances 

under which a pilot may complete a 

practical test with a copilot present. The 

FAA is adopting the revision as 

proposed in the NPRM. 

22. This revision of § 61.45(a)(2)(iii) will 

define what is a military aircraft for the 

purpose of a practical test 

Revised § 61.45(a)(2)(iii) will clarify 

the definition of a ‘‘military aircraft’’ 

when used in a practical test. Recently, 

there has been some confusion about 

whether it is permissible to use a 

surplus military aircraft with no civilian 

aircraft type designation for an airman 

certificate or rating practical test. Some 

applicants have requested to use a 

surplus military OH–58 Army 

helicopter for their practical test. As 

these surplus military helicopters are 

not Bell BH–206 helicopters, they do 

not have a civilian type designation. 

The FAA has determined it is not 

permissible to use these surplus former 

military aircraft for completing a 

practical test. 

Revised § 61.45(a)(2)(iii) will now 

define a ‘‘military aircraft’’ as an aircraft 

under the direct operational control of 

the U.S. Armed Forces. Under this 

definition, surplus military aircraft are 

not military aircraft because they are not 

under the direct operational control of 

the U.S. military. 

Three commenters, including HAI, 

objected to the proposed definition and 

exclusion from civilians using surplus 

military aircraft on a practical test. Two 

commenters asserted that any aircraft 

that satisfies equipment requirements 

and is deemed safe for operation should 

be eligible for a practical test. They 

further argued that the checking of 

pilots who use these aircraft exclusively 

would enhance safety. One commenter 

asserted that the operation of historical 

aircraft should be encouraged. All 

commenters opposing the proposed 

provision recommended the FAA issue 

special airworthiness certificates for 

such aircraft. The EAA and NAFI 

objected to the use of the term surplus 

military aircraft, and recommended the 

FAA use the industry-accepted term, 

‘‘former military aircraft.’’ 

The purpose of our rule change is to 

clarify the existing rule, and no 

substantive changes are being made. 

Regarding EAA and NAFI’s 

recommendation that the FAA use 

industry-accepted term ‘‘former military 

aircraft,’’ the rule language in 

§ 61.45(a)(2)(iii) does not use either term 

of ‘‘surplus military aircraft’’ or ‘‘former 

military aircraft.’’ The rule merely 

defines when military aircraft 

experience is applicable for a certificate 

or rating. 

23. This revision of § 61.45(c) will 

except lighter-than-aircraft, and gliders 

without an engine, from the requirement 

that aircraft used for a practical test 

must have engine power controls and 

flight controls that are easily reached 

and operable in a conventional manner 

by both pilots 

This final rule amends § 61.45(c) by 

excepting lighter-than-aircraft, and 

gliders without an engine, from 

requirement that aircraft used for a 

practical test must have engine power 

controls and flight controls easily 

reached and operable in a conventional 

manner by both pilots. Except for 

engine-powered gliders, most gliders do 

not have engine power controls. 

Three commenters supported the 

proposed provision excepting gliders 

from the requirement that aircraft used 

for a practical exam have engine power 

controls and flight controls easily 

reached and operable by both pilots. 

One commenter opposed the proposed 

provision, asserting that motor gliders or 

self-launch gliders have power controls. 

The commenter argued that, even 

without the proposed provision, the 

Examiner has discretion to still permit 

gliders not meeting specifications be 

used for the practical test. One 

commenter supported the proposed 

provision. The commenter 


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acknowledged that some gliders may 

have engine controls not easily reached 

by both pilots, but that this should not 

preclude an Examiner’s determination 

that a practical test can be safely 

conducted. 

The FAA agrees with the comments 

that § 61.45(c) requires further 

clarification to differentiate between 

gliders that are unpowered and those 

that have an engine. Section 61.45(c) is 

further revised by adding phrase 

‘‘without an engine’’ in reference to 

gliders. 

24. This revision of § 61.51(b)(3)(iv) will 

provide for logging night vision goggle 

time 

Revised § 61.51(b)(3)(iv) adds a 

provision that in order to log ‘‘night 

vision goggle time’’ compliance with the 

training time and aeronautical 

experience must be demonstrated when 

acting as pilot in command (PIC) for 

night vision goggle (NVG) operations. 

The logging of NVG time will be 

permitted when performed in an aircraft 

in flight, in a flight simulator, or in a 

flight training device. 

The Aircraft Owners and Pilots 

Association (AOPA) supported the 

concepts of defining and addressing 

night vision goggle operations, while 

deferring to NVG users on the specific 

details of the proposed provisions. 

American Eurocopter and HAI argued 

pilots conducting NVG operations 

should be permitted to log both NVG 

time and night flight time. These 

commenters stated a pilot’s peripheral 

vision is not affected and the same 

cockpit management skills are required 

for both NVG time and flight time. Two 

commenters asserted existing § 61.51(b) 

is adequate to address logging of NVG 

time and adding ‘‘while using night 

vision goggles’’ would suffice for clarity. 

Regarding comment about whether 

NVG flight time may also be logged as 

night flight time, the revision to 

§ 61.51(b)(3)(iv) does not prohibit the 

logging of NVG flight time and night 

flight time simultaneously. It is 

acceptable for a person to log both NVG 

flight time and night flight time if the 

conditions of flight occur during 

nighttime. The logging of nighttime for 

recency of experience must be ‘‘during 

the period beginning 1 hour after sunset 

and ending 1 hour before sunrise.’’ (See 

§ 61.57(b)(1)). 

The FAA acknowledges the comments 

received about this proposal. We are not 

revising or withdrawing the proposal. 

25. This revision of § 61.51(e)(1) will 

correct an omission of the words 

‘‘airline transport pilot’’ regarding 

logging of pilot in command flight time 

Because existing § 61.51(e)(1) does not 

include ‘‘airline transport pilots’’ it may 

appear airline transport pilot (ATP) 

certificate holders do not have the same 

pilot in command (PIC) logging 

privileges as sport pilots, recreational 

pilots, private pilots, and commercial 

pilots. This final rule adds ‘‘airline 

transport pilot’’ to § 61.51(e)(1) to avoid 

any further confusion. In addition, we 

have adopted a commenter’s 

recommendation the FAA also add 

‘‘sport pilot’’ to § 61.51(e)(1). 

Five commenters supported the 

proposed provision permitting ATPs to 

log PIC flight time. Three commenters 

opposed the proposed rule’s omission of 

sport pilots from the list of pilots 

permitted to log PIC flight time and 

recommended their inclusion. We agree 

with the recommendation that holders 

of a sport pilot certificate should be able 

to log PIC flight time. Therefore, we 

have revised § 61.51(e)(1) to include 

holders of sport pilot certificates as 

those who are allowed to log PIC flight 

time. 

26. This revision of § 61.51(e)(1)(iv) will 

permit a pilot performing the duties of 

pilot in command while under the 

supervision of a qualified pilot in 

command to log pilot in command flight 

time 

Revised § 61.51(e)(1)(iv) will allow a 

pilot performing the duties of a pilot in 

command (PIC) while under the 

supervision of a qualified PIC to log PIC 

flight time. The FAA is making this 

revision to provide another way for 

commercial pilot certificate or airline 

transport pilot certificate holders to log 

PIC flight time. 

The pilot performing the duties of a 

PIC will be required to hold a 

commercial pilot certificate or airline 

transport pilot certificate with the 

aircraft rating appropriate to the 

category and class of aircraft being 

flown, if a class rating is appropriate. 

The pilot must be under the supervision 

of an appropriately qualified PIC. 

Additionally, the pilot who is 

performing PIC duties is required to 

undergo an approved PIC training 

program consisting of ground and flight 

training on the following areas of 

operation: pre-flight preparation, 

preflight procedures, takeoff and 

departure phase, in-flight maneuvers, 

instrument procedures, landings and 

approaches to landings, normal and 

abnormal procedures, emergency 

procedures, and post-flight procedures. 

The supervising PIC will be required 

to hold either a commercial pilot 

certificate or ATP certificate, and flight 

instructor certificate. In addition, the 

supervising PIC must hold the 

appropriate aircraft rating (i.e., category, 

class, and type of aircraft being flown, 

if a class or type rating is required). The 

supervising PIC must log the PIC 

training given in the pilot’s logbook, 

certify having given the PIC training in 

the pilot’s logbook, and attest to that 

certification with his/her signature, 

flight instructor certificate number, and 

expiration date, or ATP certificate 

number, as appropriate. This revision 

parallels and further clarifies the 

provisions in revised § 61.129 and 

existing §§ 61.31(d), 61.159(a)(4), 

61.161(a)(3), and 61.163(a)(3) for PIC 

aeronautical experience. 

AOPA supported the concept, but 

believed the proposed rule was unclear 

and would lead to confusion. AOPA 

recommended rewriting the proposed 

regulatory text to include a matrix text 

showing conditions under which a pilot 

may log time as PIC. Four commenters 

supported the proposed provisions 

clarifying logging of PIC flight time by 

pilots acting as PIC under supervision. 

One commenter questioned whether the 

proposed provisions are targeted toward 

pilots working toward advanced 

certificates, ratings, or authorizations 

after receiving their commercial pilot 

certificates. 

Four commenters asserted the 

proposed provisions are unnecessary, as 

pilots acting as PIC under supervision 

are already permitted to log PIC flight 

time under other sections of the 

regulations. The Greater St. Louis Flight 

Instructor Association objected to the 

proposed provisions arguing there is a 

trend toward pilots having inadequate 

true solo experience; it believes the 

proposed rule would result in pilots 

building time without accruing real 

experience. One commenter opposed 

application of the proposed provision 

other than in operations or aircraft 

requiring a second in command (SIC) 

(e.g., operation of light single engine 

airplanes under part 91). The 

commenter did not consider a required 

safety pilot to be an SIC. One 

commenter objected to requiring 

endorsement of the acting PIC’s logbook 

by the supervising PIC. The commenter 

asserted that the training contemplated 

by the proposed rule is recorded in 

training records, not logbooks. One 

commenter recommended pilots logging 

PIC flight time under supervision also 

be required to log dual instruction time. 

This rule is designed to allow 

operators to train new hires to 

eventually become PICs. The rule was 


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initially petitioned for by Saudi 

Aramco. Saudi Aramco wanted 

permission to allow new hires’ training 

in their Bell 214 helicopter to eventually 

become PICs in the company and allow 

logging PIC flight time while under the 

supervision of more experienced and 

senior PICs. This rule does require 

pilots to hold at least a commercial pilot 

certificate and requires those performing 

supervising PIC duties must hold either 

a commercial pilot certificate or airline 

transport pilot certificate, and flight 

instructor certificate with the 

appropriate category and class of aircraft 

being flown, if a class rating is 

appropriate. 

A pilot may log PIC flight time when 

performing the duties of the PIC while 

under the supervision of the § 1.1 PIC. 

The FAA believes the rule is abundantly 

clear that a person may log PIC flight 

time when performing the duties of the 

PIC while under the supervision of the 

PIC, provided both the person who is 

performing the duties of the PIC and the 

supervising PIC meet the requirements 

of the rule. 

After consideration of all the 

comments received, the FAA is 

adopting the revision as proposed in the 

NPRM. 

27. This revision of § 61.51(g)(4) 

conforms the rule for logging of 

instrument time in a flight simulator, 

flight training device, and aviation 

training device to existing policy 

This final rule amends § 61.51(g)(4) to 

allow logging of instrument time in a 

flight simulator (FS), flight training 

device (FTD), or aviation training device 

(ATD) conforming to existing regulation 

or policy. An authorized instructor (See 

§ 61.1(b)(2)) must be present in the FS, 

FTD, or ATD when instrument training 

time is logged for training and 

aeronautical experience for meeting the 

requirements for a certificate, rating, or 

flight review (See § 61.51(a)). The 

instructor must sign the person’s 

logbook verifying training time and 

session content. 

Examples of situations in which an 

authorized instructor will be considered 

present would be where an authorized 

instructor is seated at a center control 

panel in a flight simulation lab and is 

monitoring each student’s performance 

from control panel display. Another 

example would be a situation where an 

instructor assigns a student several 

instrument tasks and then leaves the 

room. In such cases, if the flight training 

device has a monitoring and tracking 

system that allows the authorized 

instructor to review the entire training 

session, the instructor need not be 

physically present. Another example 

would be a situation where one 

authorized instructor monitors several 

students simultaneously in the same 

room at a flight simulation lab. 

Six commenters supported the 

proposed provisions clarifying 

requirements for use of flight 

simulators, flight training devices and 

aviation training devices. Three 

commenters supported the proposed 

provisions regarding logging of training 

performed using an aviation training 

device. ALPA recommended a 

limitation be placed on the number of 

students an instructor may supervise, 

suggesting an instructor be permitted to 

oversee no more than three students 

simultaneously. For economic reasons, 

one commenter supported the specific 

provision that an instructor may oversee 

training of more than one pilot 

simultaneously. 

Flight Safety International observed 

that flight schools and training centers 

often track training in records other than 

a logbook, and recommended proposed 

§ 61.51(g)(4) be revised to require 

signing of a logbook or training record. 

The FAA agrees that training 

permitted to also be logged in a training 

record. Section 61.51(g)(4) has been 

rewritten. 

On whether to limit the number of 

students a single instructor may 

supervise, we did not propose such a 

restriction in the NPRM. Therefore, to 

require such a restriction would be 

beyond the scope of this final rule. The 

FAA is adopting the final rule as 

described above. 

28. This revision of § 61.51(j) will 

establish the aircraft requirements for 

when a pilot may log ‘‘flight time’’ 

Revised § 61.51(j) establishes the 

aircraft and aircraft airworthiness 

requirements for when a pilot may log 

flight time. To log flight time and meet 

the part 61 aeronautical experience 

requirements for a certificate, rating, or 

recent flight experience, the aircraft 

must have been issued either a standard 

or special airworthiness certificate 

(except for U.S. military aircraft flown 

by U.S. military pilots and under the 

direct operational control of the U.S. 

Armed Forces or public aircraft flown 

by pilots of a Federal, State, county, or 

municipal law enforcement agency). 

Special airworthiness certificates 

include primary, restricted, limited, 

light-sport, and provisional 

airworthiness certificates, as well as 

special flight permits and experimental 

airworthiness certificates (See 

§ 21.175(b)). 

Section 61.51(j) has been further 

revised to correct an error in an earlier 

version of the rule that prevented the 

logging of flight time in aircraft issued 

special airworthiness certificates in the 

light-sport category, provisional 

airworthiness certificates, and special 

flight permits. 

This revision will codify existing FAA 

policy under FAA Order 8900.1, 

Volume 5, Chapter 2, Section 5, page 3, 

paragraph 5–315 B., which states: 

B. Logging Time. Unless the vehicle is 

type-certificated as an aircraft in a category 

listed in § 61.5(b)(1) or as an experimental 

aircraft, or otherwise holds an airworthiness 

certificate, flight time acquired in such a 

vehicle may not be used to meet 

requirements of part 61 for a certificate or 

rating or to meet recency of experience 

requirements. 

The FAA has received several 

inquiries whether it is permissible to 

use surplus military aircraft that do not 

hold a civilian type designation as an 

aircraft or an airworthiness certificate 

for logging flight time to meet the part 

61 requirements for a certificate, rating, 

or recent flight experience. The FAA’s 

response has been that the aircraft must 

be of the category, class (if class is 

applicable), and type (if type is 

applicable) listed under § 61.5(b)(1) 

through (7), or the aircraft must hold an 

experimental airworthiness certificate. 

American Eurocopter and HAI 

objected to the requirement that an 

aircraft be issued an airworthiness 

certificate for a pilot to log time in it, 

noting some aircraft have not been 

issued airworthiness certificates and 

may be legally operated without 

adversely affecting safety. The 

commenters asserted pilots exclusively 

operating aircraft without airworthiness 

certificates will be discouraged from 

training, which will negatively impact 

safety. The commenters recommended 

the FAA create a designation for surplus 

military aircraft meeting the intent of 

the rule to permit training and 

examination in such aircraft. One 

commenter interpreted proposed 

§ 61.51(j) as prohibiting law 

enforcement pilots from logging time in 

surplus military aircraft, noting ability 

of military pilots to log time in identical 

aircraft and the ability of sport pilots to 

log time in uncertified aircraft. 

One commenter implied that 

proposed § 61.51(j) would not permit a 

sport pilot to log time in aircraft other 

than light sport aircraft. The commenter 

questioned whether such a pilot should 

be able to log training received in such 

aircraft, and suggested that the proposed 

§ 61.51(j)(2) be deleted, because 

§ 61.51(e)(1) already prevents sport 

pilots from logging PIC time in other 

than light sport aircraft. One commenter 

questioned whether special operating 

light sport aircraft (SLSA) should be 


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included in the acceptable 

airworthiness certificate criteria in 

proposed § 61.51(j)(1). The commenter 

also recommended the section require 

that an acceptable airworthiness 

certificate be current and valid. 

One commenter asserted proposed 

§ 61.51(j) may conflict with § 61.52, 

permitting logging of time in ultralight 

aircraft toward a sport pilot certificate. 

The commenter also asserted that a 

prohibition on logging time in surplus 

military aircraft will discourage 

maintenance of national historic assets. 

The purpose of the change is to 

parallel the rule with existing policy in 

FAA Order 8900.1, Volume 5, Chapter 

2, Section 5, page 3, paragraph 5–315 B 

and the statutory requirements in Public 

Law 106–424. 

The FAA disagrees the rule prohibits 

law enforcement pilots from being 

permitted to log flight time. Section 

61.51(j)(4) allows logging of flight time 

if the pilot is engaged in official law 

enforcement duties in a public aircraft 

under the direct operational control of 

a Federal, State, county, or municipal 

law enforcement agency. Public Law 

106–424 (November 1, 2000) provides, 

in pertinent part, that pilots of a 

Federal, State, county, or municipal law 

enforcement agency may log flight time 

for the purposes of meeting the 

aeronautical experience requirements 

for a certificate, rating or recent flight 

experience under part 61 in limited 

cases. The stipulation is that the law 

enforcement pilot must be operating a 

public aircraft, as defined under 49 

U.S.C. 40102; the aircraft must be 

identified as a category and class of 

aircraft listed under § 61.5(b); and the 

aircraft is being used in law 

enforcement activities of a Federal, 

State, county, or municipal law 

enforcement agency. 

The FAA does not find that rule 

language in § 61.51(j) conflicts with 

§ 61.52. The FAA has always made a 

distinction between the term ‘‘aircraft’’ 

and ‘‘ultralight vehicle.’’ Section 

61.51(j) applies to an aircraft that is 

identified as an aircraft under § 61.5(b). 

Section 61.52 applies to the use of 

aeronautical experience obtained in 

‘‘ultralight vehicles.’’ 

As previously stated, the FAA has 

further revised § 61.51(j)(1) to permit a 

sport pilot to log flight time in lightsport aircraft that hold either a standard 

or special airworthiness certificate. 

Under § 61.51(j)(1), the rule permits 

pilots (including a holder of a sport 

pilot certificate) to log flight time in an 

aircraft of U.S. registry with either a 

standard or special airworthiness 

certificate. Under § 61.51(j)(1), we have 

further revised the rule to permit the 

logging of flight time in an aircraft of 

U.S. registry with either a standard or 

special airworthiness certificate. Under 

§ 21.175(b), a special airworthiness 

certificate includes aircraft that have 

been issued a primary, restricted, 

limited, light-sport, or a provisional 

airworthiness certificate, special flight 

permit, or experimental airworthiness 

certificate. Therefore, a special 

operating light sport aircraft (SLSA) is 

covered by § 61.51(j)(1) for the purpose 

of being allowed to log flight time. 

29. This revision of § 61.51(k) will 

establish the criteria and standards for 

logging NVG time 

Revised § 61.51(k) establishes criteria 

and standards for logging night vision 

goggle (NVG) time by revising the 

minimum information entered when 

logging time in a pilot’s logbook. Under 

new § 61.51(k)(3), the required 

information for logging NVG time are 

the logbook entries under § 61.51(b). 

Under the revision, a pilot may log 

NVG time using NVGs as the sole visual 

reference of the surface in an operation 

conducted in an aircraft at night (during 

the period beginning one hour after 

sunset and ending one hour before 

sunrise) in flight. Alternatively, a pilot 

may log NVG time in a flight simulator 

or in a flight training device provided 

the flight simulator or flight training 

device’s lighting system has been 

adjusted to replicate the period 

beginning one hour after sunset and 

ending one hour before sunrise. 

Under new § 61.51(k)(2), the rule will 

establish when an authorized instructor 

may log NVG time. The instructor must 

be conducting NVG training and must 

be using NVG as the sole visual 

reference of the surface. The time must 

be in an aircraft operated at night in 

flight, or in a flight simulator or flight 

training device with the lighting system 

adjusted to represent the period 

beginning one hour after sunset and 

ending one hour before sunrise. 

As elsewhere in this final rule 

document, AOPA supported the general 

concept of defining and addressing NVG 

operations, while deferring to NVG 

users on specific details of the proposed 

provisions. Two commenters asserted 

existing § 61.51(b) and § 61.57(a)(3) are 

adequate and only require adding 

phrase ‘‘while using night vision 

goggles.’’ Two commenters asserted 

pilots conducting NVG operations 

should be permitted to log both NVG 

time and night flight time. These 

commenters believed a pilot’s 

peripheral vision is no different under 

the two conditions and the same cockpit 

management skills are required for both 

NVG time and night flight time. 

Two commenters recommended 

clarifying that NVG should not be used 

as the sole visual reference to the 

surface, stating NVG should only be 

used to enhance abilities during night 

VFR flight. 

In regards to the comment about 

whether NVG flight time may also be 

logged as night flight time, the revision 

to § 61.51(b)(3)(iv) does not prohibit the 

logging of NVG flight time and night 

flight time simultaneously. It is 

perfectly acceptable for a person to log 

both NVG flight time and night flight 

time if the conditions of flight occur 

during nighttime. The logging of night 

flight time for currency purposes is the 

flight must occur ‘‘during the period 

beginning one hour after sunset and 

ending one hour before sunrise’’ (See 

§ 61.57(b)(1)). Night flight time, for other 

than the night currency purposes of 

§ 61.57(b)(1), may be logged when the 

flight occurs during the nighttime 

conditions as defined in § 1.1 of this 

chapter (i.e., ‘‘Night’’ means the time 

between the end of evening civil 

twilight and the beginning of morning 

civil twilight, as published in the 

American Air Almanac, converted to 

local time). 

The essence of our changes is 

clarifying the rule’s intent and no 

substantive changes are being made. 

Therefore, the FAA is adopting the 

revision to § 61.51(b)(3)(iv). 

30. This revision of § 61.57(c) amends 

the instrument recent flight experience 

tasks and iterations and allows use of 

aviation training devices, flight 

simulators, and flight training devices 

for maintaining instrument recent flight 

experience 

The FAA has decided to withdraw the 

referenced proposal to amend the 

instrument tasks for maintaining 

instrument currency because the 

proposed tasks were opposed by an 

overwhelming majority of the 

commenters. As a result of our decision 

to withdraw this proposal, the 

instrument tasks for maintaining 

instrument currency under § 61.57(c) 

will remain as: 

• Six instrument approaches. 

• Holding procedures and tasks. 

• Intercepting and tracking courses 

through the use of navigational 

electronic systems. 

This final rule amends § 61.57(c) to 

allow use of aviation training devices 

(ATD), flight simulators (FS), and flight 

training devices (FTD) for maintaining 

instrument recent flight experience. 

Revising § 61.57(c) will further clarify 

that a person who acts as pilot in 

command (PIC) under instrument flight 

rules (IFR) or weather conditions at less 


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than the minimums prescribed for 

visual flight rules (VFR) must look back 

6 calendar months from the month of 

the flight to determine whether the 

instrument flight experience 

requirements were met. 

In order to maintain instrument flight 

experience in airplanes, powered-lifts, 

helicopters, and airships, the revision 

requires the pilot perform and log the 

instrument flight experience in an 

airplane, powered-lift, helicopter, or 

airship appropriate to the category of 

aircraft for the instrument rating 

privileges the pilot desires to maintain. 

This instrument flight experience could 

be completed in either actual 

instrument meteorological conditions 

(IMC) or under simulated instrument 

conditions with use of a view-limiting 

device. 

Subject to certain limitations, a pilot 

may choose completing his/her 

instrument experience requirements in 

an aircraft and/or through use of an FS, 

FTD, or ATD. The simulation devices 

must be representative of the category of 

aircraft suitable for the instrument 

rating privileges that the pilot desires to 

maintain. 

Under new § 61.57(c)(2), a person may 

use a flight simulator or flight training 

device exclusively by performing and 

logging at least three hours of 

instrument recent flight experience 

within the six calendar months before 

the month of the flight. 

Under new § 61.57(c)(3), a person may 

use an ATD exclusively by performing 

and logging at least three hours of 

instrument recent flight experience 

within the two calendar months before 

the month of the flight. We have 

deliberately established differences 

between the use of an ATD, FS, and 

flight training devices because use of an 

aviation training device to maintain 

instrument recent flight experience is a 

relatively new concept. The FAA wants 

to further evaluate its use before we 

allow use of ATDs equal to that of flight 

simulators and flight training devices. 

Under new § 61.57(c)(4), a person 

could combine use of the aircraft and 

FS, FTD, and ATD to obtain instrument 

experience. When a pilot elects to 

combine use of an aircraft and 

simulation device, we will require, 

under new § 61.57(c)(4), completion of 

one hour of instrument flight time in the 

aircraft and three hours in the FS, FTD, 

or ATD within the preceding 6 calendar 

months. 

Under new § 61.57(c)(5), a person may 

combine use of an FS or FTD flight 

training, and an ATD to obtain 

instrument recent flight experience. 

When a pilot elects this combination, 

we will require one hour in a flight 

simulator or flight training device, and 

three hours in a training device within 

the preceding six calendar months. 

Under new § 61.57(c)(6), the final rule 

amends the instrument tasks and 

iterations for maintaining instrument 

flight experience in a glider. The person 

will be required to log instrument recent 

flight experience, tasks, and iterations in 

his/her logbook to show 

accomplishment of this instrument 

training. The person will be required to 

use a view-limiting device when 

performing this instrument recent flight 

experience or be in actual instrument 

meteorological conditions. 

Three commenters recommended 

changing the terminology used to 

describe flight simulation devices. 

Three commenters asserted the use of 

basic aviation training devices (BATD) 

and advanced aviation training devices 

(AATD) is expected to increase and 

suggested the rule use this terminology. 

Two commenters asserted the 

differing requirements for maintaining 

currency using aircraft or different 

simulation devices are complex and 

confusing. One commenter objected to a 

minimum time requirement for 

maintaining currency using a simulation 

device, asserting that the amount of time 

necessary to complete the prescribed 

tasks is sufficient. 

Eight commenters objected to the fact 

that the requirements for maintaining 

currency using a simulation device are 

greater than the requirements for 

maintaining currency in an aircraft. 

Four commenters asserted training 

using a simulation device is at least as 

valuable as training in an aircraft. Two 

commenters objected to the proposed 

provisions permitting use of an ATD to 

maintain currency. One commenter 

asserted that no data has been presented 

showing that ATDs are effective in 

maintaining proficiency. One 

commenter recommended the rule 

require the tasks to be performed, but 

set no minimum training time 

requirement. ALPA argued that a pilot 

could maintain currency indefinitely by 

using an aviation training device for 

three hours every two months. ALPA 

recommended the proposed rule be 

supplemented with a requirement that 

instrument currency exercises be 

performed in an aircraft or using a FS 

or FTD within the previous eighteen 

months. 

One commenter recommended a 

simpler set of requirements and an 

equivalency ratio, such as two 

approaches in a simulator being 

equivalent to one approach in an 

aircraft. Another commenter 

recommended the same requirements 

apply regardless of whether an aircraft 

or simulation device is used to maintain 

currency, but that the currency period 

cover the previous six months for 

aircraft and two months for simulation 

devices. 

One commenter noted § 61.57(c)(4) 

and (5) allow pilots to use an ATD in 

conjunction with the aircraft, FS, or 

FTD for instrument currency, but 

eliminated the two month limitation as 

long as certain requirements are met in 

the aircraft, FS, or FTD. The commenter 

thought this could be more simply 

accomplished by adding to § 61.57(c)(3) 

‘‘or six months if one hour of instrument 

time has been accomplished in an 

aircraft, flight simulator, or flight 

training device.’’ 

One commenter asserted that the 

provisions are unlikely to be used 

because a proficiency check can be 

accomplished in less time and at less 

cost in an AATD. One commenter 

asserted the level of detail specified in 

the rule is more appropriate to practical 

test standards (PTS) and argued that 

instructors should have discretion over 

specific maneuvers to be performed. 

One commenter argued there is no 

evidence that pilots satisfying 

instrument currency requirements in 

aircraft or simulation devices are 

proficient to operate in IMC. Two 

commenters generally objected to the 

proposed requirements for maintaining 

instrument currency using a flight 

simulator, flight training device, or 

aviation training device. One 

commenter asserted that the proposed 

requirements increase the burden on 

pilots without justification in the form 

of accident history or research. 

Six commenters asserted steep turns 

should not be included in requirements 

for maintaining instrument currency in 

a flight simulation device, arguing that 

ATDs and flight training devices do not 

accurately simulate the flight 

characteristics and control feel for steep 

turns. The FAA acknowledges the 

comments received about this proposal. 

The FAA is allowing different means to 

maintain instrument currency. The pilot 

may use whatever method best suits his 

or her needs to maintain instrument 

currency by using the actual aircraft, 

flight simulator, flight training device, 

or aviation training device, or a 

combination of all. 

One commenter objected to the 

unusual attitude recovery parameters 

prescribed by the proposed rule. The 

commenter noted that if the aircraft is 

at VNE and descending, it is still 

accelerating and will exceed VNE, thus 

triggering a failure. Similarly, if an 

aircraft is at stall speed and ascending, 

it is already stalling. The commenter 

suggested the language of the practical 


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test standards prescribing recovery from 

unusual attitudes (both nose-high and 

nose-low) is preferable. Another 

commenter noted VNE is not an 

appropriate specification for all aircraft. 

We believe that instrument currency 

tasks, involving unusual attitude 

recovery parameters are for maintaining 

instrument currency and can be 

achieved in aviation training devices. 

We are not revising the instrument 

currency tasks in aircraft, flight 

simulators, and flight training devices. 

The instrument currency tasks, 

involving unusual attitude recovery 

parameters are for maintaining 

instrument currency in aviation training 

devices, and the FAA believes this task 

is appropriate. 

One commenter asserted that the 

requirements of proposed § 61.57(c)(4) 

include all of the requirements of 

§ 61.57(c)(2) or (3), plus one hour of 

cross country time in the aircraft. In 

other words, a pilot completing the 

requirements of § 61.57(c)(4)(ii) will 

have already met the requirements of 

§ 61.57(c)(2) or (3). The commenter 

argued that § 61.57(c)(4) is redundant 

and should be eliminated. The same 

commenter argued that proposed 

§ 61.57(c)(5) is redundant to 

§ 61.57(c)(3) and should be eliminated. 

Three commenters noted that the steep 

turns requirement has been removed 

from the instrument rating PTS. Fifteen 

commenters objected to the proposed 

provision requiring use of a viewlimiting device when using a flight 

simulation device to maintain 

instrument currency, because such 

devices can be configured not to provide 

visual cues. The FAA acknowledges the 

comments received about this proposal. 

We are not revising the instrument 

currency tasks. The FAA is allowing 

different means to maintain instrument 

currency and the pilot may use the 

means best suited for his or her needs. 

The FAA also acknowledges the 

comments received on recommending 

the rule use the terms ‘‘basic aviation 

training devices’’ (BATD) and 

‘‘advanced aviation training devices’’ 

(AATD). The terms ‘‘basic aviation 

training device’’ (BATD) and ‘‘advanced 

aviation training device’’ (AATD) as 

being aviation training devices (ATD) 

are defined in AC 61–TD ‘‘FAA 

Approval of Basic Aviation Training 

Devices and Advanced Aviation 

Training Devices.’’ 

The FAA is allowing different means 

to maintain instrument currency. The 

pilot may use whatever method best 

suits his or her needs to maintain 

instrument currency by using the actual 

aircraft, flight simulator, flight training 

device, aviation training device, or a 

combination of all. Furthermore, the use 

of flight simulators and flight training 

devices has always been allowed for 

pilots to maintain their instrument 

currency so we are not making new 

rules. ATDs are relatively new; yet the 

FAA has determined that the 

technological advancements of these 

devices make their use for maintaining 

instrument currency also possible. 

Regarding the comment on unusual 

attitude recovery parameters prescribed 

by the proposed rule, we previously 

answered this question this way: 

‘‘Reference § 61.51(g)(3)(ii) and 

§ 61.57(c)(1); Provided the person is 

instrument current or is within the 

second 6-calendar month period’’ (See 

§ 61.57(d) for currency). A person would 

not need a flight instructor or ground 

instructor present when accomplishing 

the approaches, holding, and course 

intercepting/tracking tasks of 

§ 61.57(c)(1)(i), (ii), and (iii) in an 

approved flight training device or flight 

simulator. Only when a person is 

required to submit to an instrument 

proficiency check must a flight 

instructor or ground instructor be 

present. 

The rationale is that a person is not 

required to have a flight instructor or 

ground instructor present when 

performing the approaches, holding, 

and course intercepting/tracking tasks 

in an aircraft. If the person is using a 

view-limiting device (i.e., hood device) 

when performing the approaches, 

holding, and course intercepting/ 

tracking tasks in an aircraft, only a 

safety pilot is required to be present. If 

a person is performing approaches, 

holding, and course intercepting/ 

tracking tasks in an aircraft in IMC, it is 

permissible to log the tasks without a 

flight instructor being present. 

Therefore, a person who is instrument 

current or is within the second 6- 

calendar month period (See § 61.57(d) 

for currency) need not have a flight 

instructor or ground instructor present 

when accomplishing the approaches, 

holding, and course intercepting/ 

tracking tasks of § 61.57(c)(1)(i), (ii), and 

(iii) in an approved flight training 

device or flight simulator. 

31. This revision of § 61.57(d) clarifies 

when a person must perform an 

instrument proficiency check to act as 

the PIC under IFR or in weather 

conditions less than the minima 

prescribed for VFR 

This final rule amends § 61.57(d) to 

clarify when a person, who has not met 

the instrument recent flight experience 

of § 61.57(c), must perform an 

instrument proficiency check to act as 

the PIC under IFR or in weather 

conditions less than the minima 

prescribed for VFR. Revised § 61.57(d) 

requires a pilot who has not complied 

with the instrument recent experience 

requirement of § 61.57(c) within the 

twelve calendar months preceding the 

month of the flight to complete an 

instrument proficiency check to regain 

PIC instrument qualifications. The 

proficiency check will have to be 

performed in the aircraft category that is 

appropriate to the instrument privileges 

desired. The instrument proficiency 

check consists of operation areas and 

tasks listed for an instrument 

proficiency check in the practical test 

standards (PTS). 

As noted in our earlier discussion of 

revised § 61.57(c), we will require a 

pilot to have performed and logged the 

instrument recent flight experience 

within the preceding six calendar 

months preceding the month of the 

flight in order to act as the PIC under 

IFR or in weather conditions less than 

the minima prescribed for VFR. Under 

revised § 61.57(d), if the pilot has not 

performed and logged the required 

instrument recent flight experience 

within the six calendar months 

preceding the month of the flight, the 

pilot is given an additional six calendar 

months to perform and log the required 

instrument recent flight experience. 

However, during this six-calendar 

month period, the pilot may not act as 

the PIC under IFR or in weather 

conditions less than the minima 

prescribed for VFR until the pilot has 

performed and logged the required 

instrument recent flight experience of 

revised § 61.57(c). If during this sixcalendar month period, the pilot does 

not accomplish the required instrument 

recent flight experience, then he/she 

must perform an instrument proficiency 

check to regain his/her instrument 

currency. 

Two commenters generally supported 

the proposed clarifications. One 

commenter supported the use of the 

instrument rating PTS as a guide for the 

proficiency check. One commenter 

questioned whether the preamble (i.e., 

proposal No. 31) is meant to indicate 

proficiency checks may no longer be 

performed using a simulator or flight 

training device, but may now only be 

performed in an aircraft. 

Two commenters were concerned that 

§ 61.57(d) will be interpreted as 

requiring an entire instrument rating 

practical exam to satisfy the instrument 

proficiency check requirements. One 

commenter recommended the check 

consist of tasks required by the 

instrument practical test standards. One 

commenter objected to the language 

requiring that an instrument proficiency 


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check (IPC) requires an instrument 

rating practical test. The commenter 

argued that the requirement would limit 

instructors’ discretion and that 

completion of an IPC in aircraft lacking 

certain equipment would be difficult. 

The revision to § 61.57(d) concerning 

the instrument proficiency check does 

not prohibit the use of a flight simulator 

or flight training device for performing 

an IPC check, nor did the proposal in 

the NPRM propose eliminating use of 

FS or FTDs for performing an IPC. An 

FS or FTD may be used for 

accomplishing an IPC if the training 

device is approved for performing an 

instrument proficiency check. The 

content of an instrument proficiency 

check is addressed on page 16 of the 

Instrument Rating Practical Test 

Standards. 

32. This revision of § 61.57(f) establishes 

a recent flight experience requirement 

for acting as PIC in a night vision goggle 

operation 

Revised § 61.57(f) establishes as a 

recent flight experience requirement to 

remain PIC qualified for night vision 

goggle (NVG) operations. To understand 

‘‘NVG operations,’’ it is necessary to 

further clarify the term ‘‘flight.’’ 

‘‘Flight’’ means a takeoff and landing, 

with each landing involving a flight in 

the traffic pattern. For example, a 

person who performs six takeoffs and 

landings, with each landing involving a 

flight in the traffic pattern, and uses 

NVGs to maintain visual reference may 

log six ‘‘NVG operations.’’ 

For a pilot to act as PIC using NVGs 

with passengers on board, the pilot, 

within the preceding two calendar 

months, will have to perform and 

document the tasks under new § 61.57(f) 

as the sole manipulator of the controls 

during the time period beginning one 

hour after sunset and ending one hour 

before sunrise. If the pilot has not 

performed and logged the tasks under 

§ 61.57(f), then the FAA will allow the 

pilot an additional two calendar months 

to perform and log the tasks under 

§ 61.57(f). However, the pilot will not be 

allowed to carry passengers during this 

second two-month period. If the pilot 

still has not performed and logged the 

NVG tasks in revised § 61.57(f) during 

those additional two calendar months, 

then the pilot will be required to pass 

a NVG proficiency check to act as PIC 

using night vision goggles. 

Two commenters asserted existing 

§§ 61.51(b) and 61.57(b) are adequate to 

address logging and recency of NVG 

time, and this rule only requires adding 

‘‘while using night vision goggles.’’ The 

commenters further argued existing 

§ 61.57(a)(3) is adequate to address use 

of a flight training device or flight 

simulator for NVG recency. Two 

commenters argued that the currency 

interval should be ninety days instead 

of two months to correspond with the 

existing night flight currency interval. 

The FAA acknowledges the comments 

received about this proposal. We are 

adopting the above revisions for the 

final rule. 

33. This revision of § 61.57(g) 

establishes a NVG proficiency check 

requirement to act as PIC of a night 

vision goggle operation 

Revised § 61.57(g) establishes a 

proficiency check to be PIC qualified for 

NVG operations. This revision also 

establishes a proficiency check to regain 

PIC qualifications for NVG operations 

when the pilot’s NVG privileges have 

lapsed. 

Revised § 61.57(g) will require a pilot 

who has not complied with the NVG 

operating experience requirement of 

revised § 61.57(f) to complete a NVG 

proficiency check to regain PIC NVG 

qualifications. The proficiency check 

will have to be performed in the same 

aircraft category that is appropriate to 

the NVG operation desired. The 

proficiency check will consist of the 

tasks listed in revised § 61.31(k) and 

will be administered by an individual 

listed under § 61.31(k). 

American Eurocopter and HAI each 

supported the proposed requirement to 

restore lapsed NVG currency. The 

commenters recommended that 

proficiency check requirements be set 

forth in the PTS, with an interim 

advisory circular (AC) issued because 

the standards for NVG and non-NVG 

maneuvers are the same. The 

commenters also recommended 

proficiency checks be administered by a 

qualified instructor, Examiner, or 

inspector, as applicable under parts 61, 

141 or 142, to an air carrier employee 

in accordance with the carrier’s 

approved training program, or to a 

military check pilot. 

The FAA acknowledges the comments 

received on this proposal. The rule 

(§ 61.57(g)(1) through (6)) clearly 

establishes the qualifications of the 

person who can administer the NVG 

proficiency check; therefore, the rule 

does not need further clarification. 

34. This proposed change to § 61.59 

would have paralleled this section with 

the language contained in § 67.403 

We had proposed to revise § 61.59 to 

parallel it with the existing § 67.403. 

However, we have reconsidered this 

proposal and the existing § 61.59 will 

remain without change. 

Four commenters objected to the 

proposed changes, arguing the existing 

rule already prohibits submission of 

fraudulent or intentionally false data, 

and that the proposed rule will allow 

the FAA to deny or revoke privileges for 

an inadvertent inaccuracy. One 

commenter also noted the proposed rule 

does not parallel § 67.403 because that 

section includes a requirement that the 

FAA rely on incorrect data. One 

commenter also asserted that the 

proposed rule could effectively 

invalidate existing regulatory 

requirements for recording flight 

experience. 

The FAA acknowledges the comments 

received on the proposal. We agree that 

trying to parallel the language of § 61.59 

and § 67.403 raises additional concerns. 

The implications of incorrect 

information in the context of part 61 

certification are different than those in 

the context of medical certification 

under part 67. Therefore, existing 

§ 61.59 remains without change. 

35. This revision of § 61.63 changes the 

format and re-structures rule 

This final rule simplifies the format 

and structure of § 61.63, and moves 

paragraphs (e), (f), and (g) (addressing 

usage and limitations of the flight 

simulator and flight training device) to 

new § 61.64. This final rule also revises 

§ 61.63(c)(3) to clarify applicability to 

those applicants holding only a lighterthan-air (LTA)-Balloon rating and who 

seek an LTA–Airship rating. Currently, 

the word ‘‘only’’ does not appear in 

§ 61.63(c)(3). 

This final rule has made minor 

revisions to § 61.63(d) to clarify the 

requirements for an additional type 

rating and a type rating sought 

concurrently with an additional aircraft 

category and class rating. We have also 

revised existing paragraph (h) in § 61.63 

and re-designated it as paragraph (e). 

Furthermore, re-designated § 61.63(e) 

clarifies the pilot certification 

procedures for aircraft used on a 

practical test for a type rating. Such 

aircraft cannot be used for instrument 

maneuvers and procedures for the 

issuance of a type rating with a VFR 

limitation under these circumstances. 

This final rule revises paragraph (i) in 

§ 61.63 and re-designates it as § 61.63(f). 

This re-designated § 61.63(f) clarifies 

that an applicant for a type rating in a 

multiengine airplane with a single-pilot 

station must perform the practical test 

in the multi-pilot seat version of that 

multiengine airplane. Alternatively, the 

practical test may be performed in the 

single-seat version of that airplane if the 

Examiner can observe the applicant 

during the practical test when there is 


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no multi-seat version of the multiengine 

airplane. This revision parallels the 

same requirements in revised 

§ 61.157(h) (existing § 61.157(k)) for a 

type rating in a multiengine airplane 

with single-pilot station. 

This final rule revises existing 

paragraph (j) of § 61.63 and redesignates it as § 61.63(g). Re-designated 

§ 61.63(g) clarifies that an applicant for 

a type rating, at other than airline 

transport pilot (ATP) certification level, 

for a single engine airplane with a 

single-pilot station must perform the 

practical test in the multi-pilot seat 

version of that single engine airplane. 

Alternatively, the practical test may be 

performed in the single-seat version of 

that airplane if the Examiner is in a 

position to observe the applicant during 

the practical test in the case where there 

is no multi-seat version of that single 

engine airplane. This revision parallels 

requirements under new § 61.157(i) 

(existing § 61.157(l)) for a type rating in 

a single engine airplane with singlepilot station at the ATP certification 

level. 

Revised § 61.63(i) permits an 

Examiner who conducts a practical test 

for an additional aircraft rating under 

this section to waive any of the tasks for 

which the FAA has approved waiver 

authority. This revision parallels the 

revised requirements of § 61.157(j) 

(existing § 61.157(m)) at the ATP 

certification level. 

Two commenters agreed the FAA 

should make changes to § 61.63, but 

asserted the proposed changes to § 61.63 

and new § 61.64 offer no improvement. 

One commenter questioned whether 

safety would be enhanced by the 

proposed changes. Another commenter 

objected to the proposed changes to 

§ 61.63 and the creation of § 61.64, 

asserting that the proposed rules 

eliminate ways for an applicant to 

qualify for all-simulator training. The 

commenter questioned the elimination 

of the provisions in question and 

requests justification in the form of 

safety data indicating a danger posed by 

pilots using the existing provisions. 

One commenter requested 

clarification of the new phrase ‘‘training 

time and iteration requirements’’ in 

§ 61.63(c)(3). The commenter stated this 

language does not clearly convey that 

candidates seeking an additional class 

rating are excused from certain 

requirements. One commenter asserted 

that the proposed changes to § 61.63 and 

new § 61.64 would have a significant 

and detrimental impact on the use of 

flight simulators and the flight training 

industry and the proposed changes in 

new § 61.64 go beyond merely moving 

and simplifying existing requirements 

and impose significant burdens and 

costs without any corresponding 

benefit. Another commenter 

recommended the proposed changes to 

§ 61.63 and new § 61.64 be withdrawn. 

Two commenters observed that under 

proposed § 61.63(d), an applicant for a 

type rating is not required to 

successfully complete an FAA approved 

or accepted training program but need 

only acquire an endorsement from an 

appropriately rated flight instructor. 

They recommended the FAA require the 

use of an FAA approved or accepted 

training program. Eclipse Aviation 

suggested an authorized instructor be 

defined as ‘‘a person or air agency 

approved by the Administrator to 

conduct type rating training in that 

make and model of aircraft.’’ 

Training time and iteration 

requirements relate to the training time 

and iteration requirements listed in 

§ 61.109 and § 61.129. For example, for 

the airplane single engine land rating at 

the private pilot certification level, it 

requires three hours of cross country 

flying in a single engine airplane (See 

§ 61.109(a)(1)) and one cross country 

flight of over 100 nautical miles in total 

distance (See § 61.109(a)(2)(i)). Under 

§ 61.63(c)(3), the applicant is not 

required to meet the training time and 

iterations requirements under this part 

that apply to the pilot certificate for the 

aircraft class rating sought Otherwise, 

the intent of § 61.63(c)(3) is for the flight 

instructor to make the decision on the 

amount ‘‘training time’’ and number of 

‘‘iterations’’ required for the applicant to 

be adequately trained and be able to 

pass the practical test. 

The FAA has reviewed the proposed 

changes to § 61.63 and § 61.64, and we 

have not found evidence that the 

changes will have a significant and 

detrimental impact on the use of flight 

simulators and the flight training 

industry. We intend only to further 

clarify the existing rule. In reviewing 

§ 61.63(d), and old § 61.63(d), there is 

no requirement for an applicant to 

complete an FAA approved or accepted 

training program and there never has 

been such a requirement. As for 

defining an ‘‘authorized instructor,’’ it 

has already been done in § 61.1(b) and 

the privileges and limitations of a flight 

instructor are listed in existing § 61.193 

and § 61.195. 

The FAA has reviewed the changes to 

§ 61.63 and § 61.64, and we have not 

found that the changes will eliminate 

ways for an applicant to qualify for allsimulator training. For the reasons 

stated, we are adopting the revision as 

proposed in the NPRM. 

36. Establishes a new § 61.64 to address 

the use and limitations of flight 

simulators and flight training devices 

This final rule adds a new § 61.64 to 

incorporate the use and limitations of 

flight simulators (FS) and flight training 

devices (FTD) into this one rule. These 

requirements were previously found in 

§ 61.63(e), (f), and (g) (for other than 

ATP certification) and § 61.157(g), (h), 

and (i) (for ATP certification). The 

purpose of these changes is to clarify 

and simplify § 61.63 and § 61.157 and 

place all use and limitation 

requirements for simulation devices into 

new § 61.64. 

New § 61.64(a) through (f) will clarify 

when an applicant may use an FS or 

FTD for all training, when an applicant 

may use a FS for all of the required 

practical test, when the supervising 

operating experience limitation on an 

applicant’s pilot certificate is required, 

and when the supervised operating 

experience limitation may be removed. 

New § 61.64(a) will allow an 

applicant to use a flight simulator for all 

training and the practical test for the 

airplane category, class, or type rating, 

provided the flight simulator and the 

applicant meet specific qualifications 

under new § 61.64(a)(1) through (3). 

New § 61.64(b) allows an applicant for 

the airplane category, class, or type 

rating to use a flight training device for 

training only if the flight training device 

meets the specific qualifications under 

new § 61.64(b)(1) through (4). The rule 

further clarifies that a flight training 

device may not be used for any portion 

of the practical test. 

New § 61.64(c) allows an applicant to 

use a flight simulator for all of the 

training and the practical test for the 

helicopter class or type rating, provided 

the flight simulator and the applicant 

meet the specific qualifications under 

new § 61.64(c)(1) and (2). 

New § 61.64(d) allows an applicant 

for the helicopter class or type rating to 

use an FTD for training only if the 

device meets specific qualifications 

under new § 61.64(d)(1) through (4). The 

rule further clarifies that an FTD may 

not be used for any portion of the 

practical test. 

New § 61.64 (e) states an applicant 

may use an FS for all training and the 

practical test for the powered-lift 

category or type rating, provided the 

applicant and FS meet specific 

qualifications under new § 61.64(e)(1) 

and (2). 

New § 61.64(f) allows an applicant for 

the powered-lift category or type rating 

to use a flight training device for 

training only if the device meets specific 

qualifications under new § 61.64(f)(1) 


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through (4). The rule will further clarify 

that a flight training device may not be 

used for any portion of the practical test. 

As a result of existing language in 

existing paragraphs (e), (f), and (g) of 

§ 61.63 and paragraphs (g), (h), and (i) 

of § 61.157, there is confusion as to 

whether an applicant could complete all 

training and testing for a type rating in 

a simulator when there is a supervised 

operating experience limitation on the 

applicant’s pilot certificate for that 

aircraft type rating. New § 61.64(a)(2)(i), 

(c)(2)(i), and (e)(2)(i) will specify that a 

type rating cannot contain the 

supervised operating experience 

limitation (i.e., ‘‘This certificate is 

subject to pilot in command limitations 

for the additional rating’’) for an 

applicant to use a flight simulator for all 

training and testing for a type rating. A 

flight simulator may be used for some of 

the required training and testing for a 

type rating, but not ‘‘all.’’ The training 

and testing permitted in a flight 

simulator depends on what the flight 

simulator is approved for and is in 

accordance with new § 61.64(a)(4)(i) and 

(b), (c)(3)(i) and (d), or (e)(3)(i) or (f), as 

appropriate for the category of aircraft 

and type rating sought. 

New § 61.64(a)(1)(iii), (c)(1)(iii), and 

(e)(1)(iii) establishes that at minimum a 

Level C flight simulator is required if an 

applicant wishes to use a flight 

simulator on a practical test for an 

aircraft rating. New § 61.64(a)(1)(iv), 

(c)(1)(iv), and (e)(1)(iv) will establish 

that at minimum a Level A flight 

simulator is required for an applicant to 

use a flight simulator for training. 

Two commenters argued proposed 

§ 61.64 is unclear as to intent or 

purpose, and there is no indication how 

the proposed rules would improve 

safety. One commenter expressed 

uncertainty over the level of pilot 

certificate affected by the proposed 

section. One commenter asserted that 

the proposed changes to § 61.63 and 

new § 61.64 would have a significant 

and detrimental impact on the use of 

flight simulators and the flight training 

industry. A commenter recommended 

the proposed changes to § 61.63 and 

new § 61.64 be withdrawn, and the text 

of the existing rules be maintained. 

One person asserted the minimum 

hour requirements for type rating 

applicants set forth in the proposed 

§ 61.64(a)(2) are higher than necessary 

to ensure safety and will deter 

advancement of aviation careers. One 

commenter argued existing §§ 61.63 and 

61.157 are clear that a flight simulator 

or flight training device can be used to 

complete all training and testing for the 

issuance of a rating without limitations 

and the proposed rule is not. 

Two commenters noted that under 

existing § 61.63 and § 61.157, a rating 

applicant failing to meet requirements 

for an exception has an option of 

completing certain parts of the practical 

test in an aircraft (rather than a 

simulator or flight training device), or 

receiving a rating with supervised 

operating experience limitations. The 

commenters objected to the provisions 

of the proposed rule that would require 

both performance of certain tasks in an 

aircraft and issuance of a rating with 

supervised operating experience 

limitations. Two commenters objected 

to the proposed changes to § 61.63 and 

the creation of § 61.64, asserting that the 

proposed rules eliminate ways for an 

applicant to qualify for all-simulator 

training and testing. 

Regarding the proposed requirement 

that a minimum of a Level C flight 

simulator or Level 5 flight training 

device be used for the practical test for 

a rating, a commenter asserted that the 

lowest level of flight simulator or flight 

training device qualified and approved 

for training in a particular task should 

be acceptable. If necessary, training or 

testing performed with lower level 

simulators could trigger additional 

experience requirements or 

requirements to perform certain 

maneuvers in the aircraft, or result in 

the issuance of a rating with limitations. 

Three commenters opposed the 

proposed requirement that a minimum 

of a Level C flight simulator be used for 

the practical test for a rating. Flight 

Safety International recommended a 

Level C simulator be required only if the 

entire practical test is performed in the 

simulator. One commenter asserted that 

requiring a Level C simulator for a 

practical test conflicts with guidance 

contained in FAA–S–8081–5E, Practical 

Test Standards. The commenter also 

questioned whether simulators not 

meeting at least Level C requirements 

may be used for evaluations similar to 

practical tests, such as proficiency 

checks or single pilot exemption 

evaluations that consist of Practical Test 

Standards (PTS) maneuvers. Two 

commenters asserted the inability to use 

simulators not meeting Level C 

requirements will require more pilots to 

take practical tests in aircraft. The 

commenters stated this will negatively 

impact safety by requiring low altitude 

maneuvering, and by eliminating the 

ability to simulate malfunctions such as 

engine fires and electrical malfunctions. 

One commenter noted that Level A 

simulators have been widely used in the 

past, and that if no longer permitted to 

be used costs will increase by 15%. Two 

commenters noted there are some 

aircraft for which there is no Level C or 

better simulator. 

Flight Safety International 

recommended that if the practical test is 

given in a simulator or flight training 

device qualified and approved at less 

than Level C, the appropriate practical 

test standards be used to determine 

which events may be credited; any 

events not approved for the simulator or 

flight training device would need to be 

accomplished in the aircraft. One 

commenter objected to the requirement 

that a minimum of a Level 5 flight 

training device be used if a flight 

training device is used for the practical 

test. The commenter asserted that this 

requirement is unnecessarily restrictive 

and not supported by the PTS or other 

FAA rules or guidance. 

One commenter objected to the 

proposed provisions requiring that one 

of a number of prerequisites be met if 

any portion of the practical test for a 

turbojet or turboprop airplane rating is 

to be performed in a simulator. The 

commenter asserted that the existing 

rules only require one of the 

prerequisites if all training and checking 

is to be done in a simulator. Flight 

Safety International said proposed 

§ 61.64 calls for a logbook endorsement 

removing the supervised operating 

experience limitation. If so, a pilot must 

present his/her logbook containing the 

endorsement to show that the limitation 

is removed, the endorsement is 

unnecessary. 

One commenter asserted the proposed 

changes to § 61.63 and § 61.157 and 

creation of § 61.64 conflicts with other 

existing guidance, such as appendices E 

and F to part 121, the appendices of the 

PTS, and the General Aviation 

Operations Inspector’s Handbook. 

One commenter asserted that pilots 

should be permitted to credit 

multiengine turbojet experience toward 

a single engine turbojet type rating for 

purposes of proposed § 61.64. 

Five commenters were confused 

whether pilots must meet one or more 

than one of the criteria set forth in 

proposed § 61.64(a)(2) and 

recommended the section be revised to 

make clear that pilots must meet only 

one of the requirements. Flight Safety 

International recommended proposed 

§ 61.64(a)(2)(ii) and (a)(3)(ii) use 

language currently found in § 61.63 and 

§ 61.157 requiring pilots complete at 

least 1,000 hours of flight time in two 

or more different airplanes requiring 

type ratings. 

Nine commenters noted that under 

existing § 61.63 and § 61.157, a rating 

applicant failing to meet requirements 

for an exception has an option of 

completing certain parts of the practical 


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test in an aircraft, rather than in a 

simulator or flight training device, or 

receiving a rating with supervised 

operating experience limitations. The 

commenters believed the economic 

impact of the proposed rule would be 

severe. 

One commenter asserted that the FAA 

and training organizations lack 

sufficient manpower to administer the 

number of practical exams in the aircraft 

that the proposed rule would require. 

This commenter recommended that 

instead of requiring performance of 

maneuvers in an aircraft, the FAA 

increase supervised operating 

experience limitations or require line 

oriented flight testing (LOFT) scenarios 

in training. 

Three commenters objected to the 

elimination of the possibility of a fifteen 

hour supervised operating experience 

limitation. Two additional commenters 

recommended that the endorsement 

removing a supervised operating 

experience limitation be by a person, 

designated by the Administrator, 

familiar with the airplane and the 

program under which the supervised 

operating experience was conducted. 

Eclipse Aviation suggested such a 

person could be the manufacturer or a 

training center conducting training in 

the airplane. Two commenters 

recommended the supervised operating 

experience (SOE) requirement be event 

based, covering a range of operating 

conditions and procedures that a pilot is 

likely to see in actual service. Two 

commenters recommended a PIC 

observing SOE be qualified and trained 

as an evaluator by the manufacturer or 

other facility, and hold a designation by 

the Administrator. Eclipse Aviation 

asserted that the proposed provisions 

are insufficient to ensure that SOE will 

be applicable and effective for all 

operators of its very light jet airplanes. 

Two commenters noted that under the 

proposed rule, a pilot with a turbojet 

type rating for an airplane requiring a 

two-pilot crew may obtain a single pilot 

type rating without limitations with no 

single pilot turbojet PIC experience and 

virtually no turbojet PIC experience. 

The commenters recommended a pilot 

should be required to have 25 hours of 

turbojet PIC time to obtain a type rating 

without limitations. 

One commenter opposed the 

proposed requirement of 

§ 61.64(a)(1)(iv) that a minimum of a 

Level A flight simulator be used for 

training for a rating. The commenter 

recommended the PTS address credit 

for the use of simulators and flight 

training devices. 

As stated in the NPRM and this 

preamble, § 61.64 consolidates the use 

of flight simulators and flight training 

devices for the airplane, helicopter, and 

powered-lift ratings for all the pilot 

certification levels (i.e., private, 

commercial, and ATP certification 

levels). Prior to establishing this § 61.64, 

the use of flight simulators and flight 

training devices for the airplane, 

helicopter, and powered-lift ratings at 

the private and commercial pilot 

certification levels were located in old 

§ 61.63. For the ATP certification level, 

it was in the old § 61.157. Now, the use 

of flight simulators and flight training 

devices for all the pilot certification 

levels are combined into new § 61.64. 

We do not find any evidence that 

combining the use of flight simulators 

and flight training devices for the 

airplane, helicopter, and powered-lift 

ratings for all the pilot certification 

levels into § 61.64 will have a 

significant and detrimental impact on 

the use of flight simulators and the 

flight training industry. The FAA has 

not increased the minimum hour 

requirements for a type rating by having 

consolidated the use of flight simulators 

and flight training devices into § 61.64. 

Section 61.64(a)(4), (c)(3), and (e)(3), 

is the area of the rule that addresses 

what tasks must be performed in the 

actual aircraft and the provisions that 

require it. The purpose of the change is 

to further clarify the intent of the rule 

and no substantive changes have been 

made. In reviewing the proposed 

changes to § 61.63 and § 61.157 and 

creation of § 61.64 we did not see a 

conflict with other existing guidance, 

such as Appendices E and F to part 121, 

the appendices of the PTS, and the 

General Aviation Operations Inspector’s 

Handbook. 

The endorsement requirement for 

removing the SOE limitation is to 

ensure accomplishment of the required 

supervised operating experience. We 

believe the endorsement requirement 

received from both the supervising PIC 

and an Examiner will insure that 

supervising operating experience was 

completed. 

As for what portion of § 61.64 applies 

to an applicant, the answer depends on 

the specifics of the applicant’s 

aeronautical experience and the rating 

being applied for. Section 61.64(a)(2) 

establishes the requirements for a type 

rating in a turbojet airplane and what 

the aeronautical experience 

requirements are for that applicant to be 

able to use a flight simulator. We have 

reviewed § 61.64 and find that this rule 

does not eliminate commonly used 

ways for an applicant to qualify for allsimulator training and testing. The 

establishment of this rule merely 

consolidates the use of flight simulators 

and flight training devices into § 61.64. 

No substantive changes have been 

made. 

In the previous version of 

§ 61.63(e)(7), (8), and (9); (f)(7), (8), and 

(9); and (g)(7), (8), and (9) (and old 

§ 61.157(g), (h), and (i)), the regulations 

provided that an applicant who failed to 

meet certain requirements could 

complete certain parts of the practical 

test in an aircraft, rather than a 

simulator or flight training device, or 

receiving a rating with supervised 

operating experience limitations. This 

option is also provided in § 61.64 (See 

§ 61.64(a)(4), (c)(3), and (e)(3). 

The establishment of this rule merely 

consolidates the use of flight simulators 

and flight training devices into § 61.64. 

No substantive changes have been 

made. 

The FAA established for this final 

rule twenty-five hours as the standard 

for supervised operating experience 

(SOE) because we have determined that 

amount of SOE is appropriate for 

ensuring pilot’s qualifications. If a 

person desires to be issued a type rating 

without the supervised operating 

experience, then that applicant has the 

option to complete the training and 

testing in the actual aircraft. The 

endorsements required for removal of 

the SOE limitation must be from the 

supervising PIC and Examiner. 

Under the old § 61.63 and § 61.157, 

the regulations also required the 

minimum level of flight simulator be a 

Level C. There is no change to this in 

§ 61.64. The requirement for use of a 

Level C flight simulator in new § 61.64 

is nearly identical in content and 

substance to old § 61.63(e)(4)(i) and old 

§ 61.157(g)(3)(i). The establishment of 

this rule merely consolidates the use of 

flight simulators and flight training 

devices into § 61.64. No substantive 

changes were made. 

The requirement that a minimum of a 

Level 5 flight training device be used if 

a flight training device is used for the 

practical test conforms with existing 

FAA policy. We proposed the use of a 

Level 5 flight training device in the 

NPRM and this final rule does not 

change the requirement for use of a 

Level 5 flight training device. 

The requirement that a minimum of a 

Level A flight simulator be used for 

training also conforms with existing 

FAA policy. The commenter’s request to 

address credit for use of flight 

simulators and flight training devices in 

the PTS is beyond the scope of this final 

rule. 

The FAA has reviewed § 61.64(b)(3) 

and finds there is not a conflict between 

the rule, the PTS appendix, and FAA 

Order 8400.10 (now FAA Order 8900.1). 


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Upon review of all the comments, the 

FAA has found that the rule as proposed 

in the NPRM is appropriate and has 

been adopted in the final rule. 

37. This revision of § 61.65(d), (e), and 

(f) requires at least 10 hours of cross 

country time as pilot in command to be 

in the category of aircraft appropriate to 

the instrument rating sought 

This final rule revises § 61.65 to 

conform the FAA’s instrument rating 

cross country time requirements as pilot 

in command (PIC) with the 

corresponding International Civil 

Aviation Organization (ICAO) 

requirements. Revised § 61.65(d) 

addresses the aeronautical experience 

and training for the instrument-airplane 

rating. Revised § 61.65(e) addresses the 

aeronautical experience and training for 

the instrument-helicopter rating. 

Revised § 61.65(f) will address the 

aeronautical experience and training for 

the instrument-powered-lift rating. For 

example, ICAO Annex 1, paragraph 

2.10.1.2.2 requires an applicant to log at 

least ten hours of cross country time as 

PIC in a helicopter for an instrumenthelicopter rating. Currently, 

§ 61.65(d)(1) requires at least fifty hours 

of cross country flight time as pilot in 

command and at least ten of those hours 

must be in airplanes for an instrumentairplane rating. The section does not 

account for the instrument-helicopter 

rating or the instrument-powered-lift 

rating. 

Four commenters supported the 

proposed provisions clarifying the 

minimum cross country experience in a 

category necessary for an instrument 

rating. The Greater St. Louis Flight 

Instructor Association asserted that 

there is a correlation between lack of 

cross country experience and accidents. 

Four commenters opposed the 

proposed provisions. One commenter 

objected to ‘‘selective adherence to 

ICAO requirements,’’ asserting that 

ICAO requirements should be followed 

wherever possible and not be selectively 

applied to specific types of certificates 

or ratings. Four commenters supported 

the proposed provisions clarifying the 

minimum cross country experience in a 

category necessary for an instrument 

rating. Two commenters, including 

AOPA, asserted the cost of obtaining ten 

hours cross country experience in a 

helicopter is burdensome. Two 

commenters stated cross country 

experience obtained in any aircraft type 

is valuable, because the principles of 

navigation are the same regardless of 

aircraft category. In response to AOPA’s 

concern, they recommended a required 

minimum of fifty hours of cross country 

PIC in any aircraft category. 

The purpose of our rule change is to 

parallel ICAO standards, so that U.S. 

pilot certification conforms to 

international civil aviation standards. 

The FAA believes it is in U.S. aviation’s 

best interest, where possible, to meet 

our ICAO responsibilities and 

requirements and to have recognition of 

our instrument rating by other ICAO 

member States. Therefore, the FAA is 

adopting the revision as it was proposed 

in the NPRM. 

38. This revision of § 61.65 adds a new 

paragraph (h) to allow 10 hours of the 

instrument training to be performed in 

an aviation training device (ATD) 

This final rule revises § 61.65 by 

adding a new paragraph (h) to allow ten 

hours of instrument training for the 

instrument rating to be performed on an 

ATD. The instrument training may be 

given by the holder of a ground 

instructor certificate with an instrument 

rating or by a holder of a flight 

instructor certificate with an instrument 

rating appropriate to the instrument 

rating sought. The ten hours of 

instrument training in an ATD will be 

included in the twenty hours of 

instrument training allowed to be 

performed in a flight simulator or a 

flight training device under revised 

§ 61.65(e). 

For an ATD to be used for instrument 

training under revised § 61.65, the ATD 

instrument training, and instrument 

tasks will have to be approved by the 

FAA. The instrument training on an 

ATD will have to be provided by an 

authorized instructor. In order to receive 

the maximum ten hours of credit in an 

ATD, the person may not have logged 

and been credited for more than ten 

hours of instrument training in a flight 

simulator (FS) or FTD. A view-limiting 

device will be required to be worn by 

the applicant when logging instrument 

training in the ATD. The instrument 

training and instrument tasks that may 

be approved for performance on an ATD 

will be listed in revised § 61.65(f). 

The FAA specifically requested 

comments on whether, and to what 

extent, we should allow use of an ATD 

for providing instrument training for the 

instrument rating. Four commenters 

supported the proposed provisions 

permitting use of a personal computerbased aviation training device (PCATD) 

for up to ten hours of training toward an 

instrument rating. 

One commenter questioned the 

proposed provision, asserting that 

PCATDs are no longer widely used. 

Three commenters suggested the rule 

refer to basic aviation training devices 

(BATD) and advanced aviation training 

devices (AATD). AOPA noted currently 

up to 10 hours of BATD or twenty hours 

of AATD training may be credited 

toward an instrument rating, and 

recommended this continue to be the 

case. Two commenters recommended 

requirements for PCATDs include 

requirements that they be used in areas 

free of audible distraction or that 

headsets be used. 

Seven commenters objected to the 

proposed provision requiring use of a 

view-limiting device when using a flight 

simulation device to train for an 

instrument rating, because such devices 

can be configured not to provide visual 

cues. One commenter suggested the rule 

instead require that any device used be 

so configured. The Greater St. Louis 

Flight Instructor Association opposed 

the proposed amendment to permit 

PCATDs to be used for ten hours of 

instrument training, as well as the use 

of a ground instructor for this training, 

arguing that the proposed requirements 

inadequately prepare pilots for flight in 

IMC and sacrifice safety in exchange for 

lower costs. The association further 

asserted that there is a significant 

accident rate among newly instrumentrated pilots. The association 

recommended three hours of actual IMC 

experience be required for an 

instrument rating. 

The FAA has replaced the term 

‘‘PCATD’’ (personal computer aviation 

training device) with the term ‘‘aviation 

training device.’’ As previously 

discussed, the definition of the term 

‘‘aviation training device’’ will be 

defined in AC 61–TD ‘‘FAA Approval of 

Basic Aviation Training Devices and 

Advanced Aviation Training Devices.’’ 

We have determined the use of viewlimiting devices for maintaining 

instrument recurrency in aviation 

training devices is necessary for 

ensuring better transferability of 

instrument skills and abilities between 

aviation training devices and the actual 

aircraft. The FAA agrees that the use of 

an aviation training device should be 

used in areas free of audible distraction 

or that headsets should be used, but 

does not believe that a rule is necessary. 

The FAA will approve and authorize the 

use of aviation training devices, and to 

those ends, we are developing an 

Advisory Circular and making changes 

to FAA Order 8900.1 to provide this 

information. 

For years, we have permitted the use 

of flight simulators and flight training 

devices for instrument training and for 

use on instrument rating practical tests. 

Allowing ten hours of instrument 

training to be performed in aviation 

training devices is a continuation by the 

flight training community and FAA of 

this policy of accepting simulation for 


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use in aviation training. Furthermore, 

allowing ten hours of instrument 

training to be performed in an aviation 

training device conforms to existing 

FAA policy adopted in Advisory 

Circular 61–126 and FAA Order 8900.1 

(See FAA Order 8900.1, Volume 5, 

Chapter 2, Section 9, page 9, paragraph 

5–446 E). 

39. This revision of § 61.69(a)(4) corrects 

a typographical error in the rule 

This final rule corrects a 

typographical error in which the word 

‘‘or’’ was erroneously deleted from 

§ 61.69(a)(4) during the writing of the 

‘‘Certification of Aircraft and Airmen for 

the Operation of Light-Sport Aircraft’’ 

Final Rule (See 69 FR 44866; July 27, 

2004). This revision has re-inserted the 

word ‘‘or’’ and made a minor 

grammatical revision to paragraph (a)(4). 

40. This revision of § 61.69(a)(6) amends 

the recent flight experience for tow 

pilots by increasing the time allowed for 

achieving the required currency to 24 

calendar months 

This final rule amends § 61.69(a)(6) 

for persons who serve as tow pilots for 

glider towing operations by increasing 

the time limits for when a pilot must 

have completed the required recent 

flight experience from twelve to twentyfour calendar months. This revision 

responds favorably to an assertion by 

the Soaring Safety Foundation that the 

existing time limits for recent flight 

experience may be unnecessarily 

onerous and cannot be supported by any 

accident statistics. 

Four commenters supported the 

proposal. The FAA is adopting the 

revision as proposed in the NPRM. 

41. This revision of § 61.73 amends 

certain special rules affecting U.S. 

military pilots and former U.S. military 

pilots who apply for FAA pilot 

certification 

This final rule deletes the § 61.73(b) 

requirement that current and former 

pilots of the U.S. Armed Forces must be 

on active flying status within the past 

twelve months to qualify for a pilot 

certificate and rating under these special 

rules. Under our revision, U.S. military 

pilots and former U.S. military pilots 

may qualify for their civilian pilot 

certificate and ratings on the basis of 

their past qualifications as a U.S. 

military pilot, completion of the 

military competency aeronautical 

knowledge test, and accomplishment of 

a flight review under existing § 61.57. 

This final rule adds a new 

§ 61.73(b)(2) to clarify that the 

aeronautical knowledge test that 

military pilots are required to take is the 

‘‘military competency’’ aeronautical 

knowledge test. It also adds a new 

§ 61.73(b)(3) changing pilot status for 

qualifying for a pilot certificate and 

ratings under these special rules from 

‘‘pilot in command’’ to pilot in the U.S. 

Armed Forces. The U.S. military’s pilot 

qualification and flight time recording 

documents and procedures have 

changed since the initial establishment 

of § 61.73. The U.S. Armed Forces no 

longer issues pilot in command orders 

to its graduates who complete its 

Undergraduate Pilot Training Course. 

PIC status occurs when military pilots 

report to their permanent duty 

assignment and complete additional 

unit checkouts. However, the FAA has 

determined that the end-of-course test 

for graduation from a current U.S. 

military Undergraduate Pilot Training 

Course is similar in scope and content 

as the PIC order was for military pilots 

when § 61.73 was initially established. 

This final rule adds a new § 61.73(c) 

to establish that a foreign military pilot 

of the Armed Forces of a contracting 

State to the Convention on International 

Civil Aviation who has been assigned 

pilot duties (for other than for flight 

training) with the U.S. Armed Forces 

may also apply for a U.S. commercial 

pilot certificate with comparable ratings 

just like U.S. military pilots can. They 

will no longer be required to first hold 

a civil pilot license from their 

contracting State’s civil aviation 

authority. The FAA finds there is no 

safety reason for the existing 

requirement and foreign military pilots 

who are assigned to U.S. military units 

should be afforded the opportunity to be 

issued U.S. commercial pilot certificates 

and ratings appropriate to their military 

pilot qualifications. 

This final rule revises § 61.73(f) and 

re-designates it as paragraph (e). The 

purpose of this revision is to further 

clarify that a military pilot may qualify 

for a type rating to be added to a pilot 

certificate provided there is a 

comparable civilian type designation of 

that military aircraft. 

Three commenters objected to the 

elimination of the recency of experience 

requirement for military pilots seeking a 

civilian pilot certificate. One commenter 

asserted that many military pilots are 

not on active status. Two commenters 

argued there is no safety data justifying 

the change and suggested that pilots 

more than twelve calendar months 

separated from active flight status be 

required to take a knowledge 

examination and practical examination 

and the examination be self-endorsing. 

One commenter asserted that military 

pilots may be overconfident and 

unwilling to recognize shortcomings in 

their knowledge of civilian flight 

operations. This person also argued that 

aircraft used for military training differs 

significantly from those used for civilian 

training, and training maneuvers are 

different. 

One commenter asserted that under 

the existing regulations, a military pilot 

may receive an unrestricted commercial 

pilot certificate with airplane 

multiengine land and instrument 

airplane ratings without ever having sat 

in a twin-engine reciprocating engine 

aircraft. Two commenters recommended 

military navigators be permitted to 

apply for civilian navigator certificates, 

just as military pilots are permitted to 

apply for civilian pilot certificates. 

The change to this rule does not 

eliminate the recency of experience 

requirement for exercising a pilot 

certificate. The rules addressing recency 

of experience are addressed in § 61.56 

and § 61.57. The change in § 61.73 only 

revises and clarifies the issuance of the 

commercial pilot certificate and ratings 

to current and former U.S. military 

pilots. 

We do not disagree with the 

commenter’s comment that a military 

pilot may receive an unrestricted 

commercial pilot certificate with 

airplane multiengine land and 

instrument airplane ratings without ever 

having sat in a general aviation twin 

engine reciprocating engine airplane. 

However, there is a definite distinction 

between holding a pilot certificate and 

ratings versus exercising the privileges 

of that pilot certificate. If a military pilot 

who received all of his/her training in 

a military twin-engine turbojet powered 

airplane, then it would be expected that 

pilot would receive specific training in 

a general aviation twin-engine 

reciprocating engine airplane before 

exercising the privileges of his/her pilot 

certificate. We have assumed that if a 

civilian pilot were to receive all of his/ 

her training in one specific make and 

model of twin-engine reciprocating 

engine airplane and then attempted to 

fly another make and model of twinengine reciprocating engine airplane, 

that pilot would also receive training in 

that other specific make and model of 

airplane before exercising the privileges 

of their pilot certificate. This goes to the 

essence of rulemaking on the 

establishment of standardized and safe 

operating practices. The FAA is 

adopting the revision as it was proposed 

in the NPRM. 


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42. This revision of § 61.73(g) 

establishes a new privilege and 

procedures for issuing flight instructor 

certificates and ratings to current and 

former U.S. military instructor pilots 

and examiners 

This final rule adds § 61.73(g) 

establishing a new privilege and 

procedure for issuing flight instructor 

certificates and ratings to current and 

former U.S. military instructor pilots 

and military pilot examiners who can 

show official U.S. military 

documentation of being or having been 

designated a military instructor pilot or 

military pilot examiner in the U.S. 

Armed Forces. 

The awarding of flight instructor 

certificates and ratings, under § 61.73(g), 

to current and former U.S. military pilot 

examiners is added to correct an 

oversight in the NPRM. We are 

correcting this mistake in this final rule 

and adding U.S. military pilot 

examiners to this privilege. All current 

and former U.S. military pilot examiners 

will have, or are, qualified as U.S. 

military instructor pilots. The addition 

of current and former U.S. military pilot 

examiners are more for clarification 

purposes than for any other reason. 

Additionally, we have further revised 

§ 61.197(a)(2)(iv) by providing an 

alternative procedure for current U.S. 

military instructor pilots and current 

U.S. military pilot examiners who hold 

FAA flight instructor certificates to 

renew their flight instructor certificate 

and ratings. This provision will require 

current U.S. military instructor pilots 

and current U.S. military pilot 

examiners to have completed an official 

U.S. Armed Forces military instructor 

pilot or military pilot examiner 

proficiency check within the preceding 

twelve calendar months as an 

alternative method for renewing their 

flight instructor certificate and ratings. 

The reason this provision is being 

offered only to current U.S. military 

instructor pilots and current U.S. 

military pilot examiners is because 

former U.S. military instructor pilots 

and military pilot examiners who have 

left the military over twelve calendar 

months ago would not be able to show 

having completed an official U.S. 

Armed Forces military instructor pilot 

or military pilot examiner proficiency 

check within the preceding twelve 

calendar months. 

The FAA has made additional 

clarifying and editing changes to 

§ 61.73(g)(3) which address the 

acceptable documents required to show 

evidence that a U.S. military instructor 

pilot or military pilot examiner 

completed an official U.S. military 

instructor pilot training course. There 

was troublesome language in the 

proposed rule (i.e., § 61.73(g)(3)(iv)) 

with the words ‘‘graduated’’ and 

‘‘school.’’ In the U.S. Air Force, Navy, 

Marine Corps, and Coast Guard, the 

official training location for instructor 

pilot training is at the command level or 

local unit level. This is different than 

how the U.S. Army qualifies its 

instructor pilots and military pilot 

examiners where the official 

qualification training is all conducted at 

Ft. Rucker, Alabama. The Air Force, 

Navy, Marine Corps, and Coast Guard 

official instructor pilot and military 

pilot examiner training courses are 

performed at numerous locations 

throughout the United States and the 

world where units are located. 

Additionally, we have consolidated the 

proposed § 61.73(g)(3)(ii) and (iii) into 

paragraph (ii) because both paragraphs 

read nearly identical. 

The FAA has decided that where a 

current or former U.S. military 

instructor pilot or U.S. military pilot 

examiner already holds an FAA flight 

instructor certificate, they do not have 

to undergo another knowledge test as 

required by § 61.73(g)(3)(i) because they 

already possess a flight instructor 

certificate. 

The U.S. Department of Labor has a 

program that encourages governmental 

agencies to recognize U.S. military 

training and qualification. For years, the 

FAA has recognized the training and 

qualifications of U.S. military pilots and 

has issued FAA commercial pilot 

certificates, instrument ratings, and type 

ratings to U.S. military rated pilots who 

graduate from a U.S. Armed Forces 

undergraduate pilot training school or 

rating qualification course. The FAA is 

now establishing a procedure to issue 

flight instructor certificates and ratings 

to current and former U.S. military 

instructor pilots and military pilot 

examiners who have completed an 

instructor pilot or military pilot 

examiner course of the U.S. Armed 

Forces. To be issued the appropriate 

flight instructor certificate and ratings, a 

military instructor pilot or military pilot 

examiner will have to pass the 

aeronautical knowledge test in areas 

detailed under § 61.185(a). 

This will mean that the applicant will 

have to pass the appropriate knowledge 

tests that cover the aeronautical 

knowledge areas on: 

• Fundamentals of instructing, 

including the learning process, elements 

of effective teaching, student evaluation 

and testing, course development, lesson 

planning, and classroom training 

techniques; 

• The training and certification rules 

in part 61 that govern recreational, 

private, and commercial pilot 

certification, applicable to the aircraft 

category for which flight instructor 

privileges are sought; and 

• The training and certification rules 

in part 61 that govern the aeronautical 

knowledge areas for the instrument 

rating applicable to the category for 

which instrument flight instructor 

privileges are sought. 

As previously discussed, showing a 

current flight instructor certificate will 

suffice for the aeronautical knowledge 

test report. Additionally, a current or 

former U.S. military instructor pilot or 

military pilot examiner is required to 

show the documentation described in 

revised § 61.73(g)(3) to an FAA Aviation 

Safety Inspector, FAA Aviation Safety 

Technician, or an authorized Examiner 

(i.e., an Examiner authorized to issue 

the flight instructor certificate and 

rating(s) to U.S. military instructor 

pilots or U.S. military pilot examiners). 

Thirty-seven commenters questioned 

the documentation requirements for 

issuance of a certificate under the 

proposed provision. The commenters 

objected to the requirement of a 

certificate of graduation from a formal 

training course, because such 

certificates are not uniformly issued, or 

may be lost or discarded. These 

commenters recommended accepting 

other documentation of graduation from 

a instructor pilot training school, such 

as the Department of Defense Form-214, 

which is standardized across all 

branches, Air Force Form 5 or Air Force 

Form 8, output from the U.S. Air Force 

Aviation Management Resource System, 

U.S. Navy check form 3760, a Navy 

aviator logbook, or a grade book. Three 

commenters recommended that the 

provision apply to former instructor 

pilots and current instructor pilots by 

using language parallel to paragraphs (b) 

and (d). One commenter recommended 

that instructor pilots be permitted to 

apply for a civilian instructor certificate 

for a period of 12 months after 

separation from service. 

Sixteen commenters objected to the 

proposed provision. Two commenters 

asserted that, because of the impact they 

may have on their students, the criteria 

for receiving an instructor certificate 

should be rigorous and stringently 

enforced. Two commenters asserted that 

any cost savings resulting from the 

proposal do not outweigh the potential 

sacrifice of safety. One commenter 

asserted that an influx of former military 

instructors would impact the job market 

for civilian trained flight instructors. 

One commenter asserted that, 

although military pilots undergo 


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intensive training, it is narrowly focused 

on specific aircraft and types of 

operations. The commenter 

recommended that civilian instructor 

certificates issued to instructor pilots 

without a practical test be limited to the 

aircraft types for which the instructor 

pilot holds military instructor 

authorizations. Alternatively, the 

commenter recommended that 

instructor pilots be required to undergo 

a practical test including the 

commercial PTS maneuvers in the 

category and class of aircraft in which 

they wish to instruct. Eight commenters 

asserted that military instructor pilots 

generally do not have experience with 

primary training or reciprocal enginepowered aircraft. Eighteen commenters 

stated that military instructor pilots are 

not required to know or perform 

maneuvers or standards required for 

civilian certificates and ratings. Four 

commenters recommended that 

instructor pilots seeking civilian 

certification be required to have some 

minimum experience in the aircraft 

used for instruction, including an 

introduction to maneuvers such as lazy 

eights, chandelles, and spins. 

Regarding appropriate documentation 

for showing qualifications as a U.S. 

Armed Forces instructor pilot and pilot 

examiner, § 61.73(g)(3) and § 61.73(h) 

state ‘‘an official U.S. Armed Forces 

record;’’ therefore, the DD Form-214, Air 

Force Form 5 or Air Force Form 8, Navy 

Check Form 3760, a Naval Aviator 

Logbook, or a grade book will suffice as 

an ‘‘official U.S. Armed Forces record.’’ 

We understand the U.S. military 

changes the number of its forms from 

time to time. If the form is ‘‘an official 

U.S. Armed Forces record’’ that shows 

the person is qualified as a U.S. military 

pilot or U.S. military instructor pilot or 

military pilot examiner, as appropriate, 

and the person’s military pilot or 

instructor pilot or military pilot 

examiner qualifications and ratings can 

be extrapolated from that form or 

combination of forms, then an ‘‘official 

U.S. Armed Forces record’’ will suffice. 

We agree that former U.S. Armed 

Forces instructor pilots should be 

allowed to apply for flight instructor 

certificates and ratings. Therefore, we 

have revised § 61.73(g) to include both 

current and former U.S. military 

instructor pilots or former and current 

U.S. military pilot examiners may apply 

for and be issued a flight instructor 

certificate. We have not restricted this 

provision to just former military 

instructor pilots and former military 

examiners who have been separated 

from the military within the preceding 

12 calendar months, because we have 

decided to extend this to all current and 

former U.S. military instructor pilots 

and military pilot examiners. 

We disagree with the commenters’ 

assertions that allowing military 

instructor pilots to apply for a flight 

instructor certificate under this 

alternative certification method of 

§ 61.73 will diminish the standards of 

the FAA flight instructor certificate. 

U.S. military instructor pilots and 

military pilot examiners undergo 

rigorous and demanding training and 

are required to be knowledgeable about 

part 61 and part 91. Even though U.S. 

military instructor pilots and military 

pilot examiners may not undergo the 

same kind of training and testing as a 

civilian flight instructor or FAA 

designated pilot examiner, we have 

determined that U.S. military instructor 

pilots and military pilot examiners do 

receive equivalent training and testing 

as civilian flight instructor applicants. 

Some of those equivalent aeronautical 

knowledge areas involve testing on the 

following subject matters: 

• Fundamentals of instructing, 

including the learning process, elements 

of effective teaching, student evaluation 

and testing, course development, lesson 

planning, and classroom training 

techniques; 

• The training and certification rules 

in part 61 that govern recreational, 

private, and commercial pilot 

certification, applicable to the aircraft 

category for which flight instructor 

privileges are sought; and 

• The training and certification rules 

in part 61 that govern the aeronautical 

knowledge areas for the instrument 

rating applicable to the category for 

which instrument flight instructor 

privileges are sought. 

The FAA is not ‘‘giving away’’ the 

flight instructor certificate, because all 

U.S. military instructor pilot and 

military pilot examiners will be 

required to meet the certification 

requirements of § 61.73(g). 

We also disagree that some military 

instructor pilots and military pilot 

examiners may not have the experience 

flying or flight instructing in general 

aviation aircraft. In fact, many have vast 

amounts of training, experience, and 

skills that we believe will be equally 

beneficial to training civilian pilots. 

Civilian flight instructors usually 

receive training in one specific make 

and model of general aviation aircraft 

when receiving training for their flight 

instructor certificate and then take their 

practical test in that make and model of 

general aviation aircraft. However, once 

the person receives his/her flight 

instructor certificate, it allows flight 

instructor privileges for giving flight 

training in various makes and models of 

general aviation aircraft, in accordance 

with that person’s flight instructor 

certificate and ratings. Standard 

insurance practices in the flight training 

community require civilian flight 

instructors to have so much flight 

experience in a specific make and 

model of aircraft to meet the flight 

training operator’s insurance 

requirements. Military instructor pilots 

who earn their flight instructor 

certificate under this revision to 

§ 61.73(g) will be allowed to give flight 

training in the various makes and 

models of general aviation aircraft, in 

accordance with their flight instructor 

privileges and ratings. However, those 

same insurance requirements will also 

apply to military instructor pilots when 

giving flight training in a specific make 

and model of general aviation aircraft. 

Accordingly, we do not believe there is 

safety issue here, and the FAA is 

adopting the revision as it was written. 

We are not comparing the way the 

civilian flight training community trains 

and qualify flight instructors with how 

the U.S. military trains and qualify its 

military instructor pilots. Rather, the 

FAA has made a determination that the 

way the U.S. military trains and qualify 

its military instructor pilots and with 

the addition of requiring military 

instructor pilots to pass a knowledge 

test, as required by § 61.73(g)(3)(i), will 

provide a equivalent level of 

certification. 

Some commenters have asked if 

military pilots who have been 

designated as ‘‘Unit Trainers’’ and have 

never graduated from an official U.S. 

Armed Forces’ instructor pilot training 

course will be afforded this privilege of 

earning a flight instructor certificate and 

rating(s) under § 61.73(g). The answer is 

no. The only U.S. military instructor 

pilots and military pilot examiners who 

will be allowed to apply for a flight 

instructor certificate and rating(s) under 

this provision in § 61.73 are those 

current and former U.S. military 

instructor pilots and military pilot 

examiners who can show having passed 

an official U.S. Armed Forces’ instructor 

pilot training course. This requirement 

would eliminate from consideration 

those military pilots who have been 

designated as ‘‘Unit Trainers’’ and have 

never passed an official U.S. Armed 

Forces’ instructor pilot or military pilot 

examiner training course. 

Furthermore, this provision of 

§ 61.73(g) allowing current and former 

U.S. military instructor pilots and 

military pilot examiners to apply for an 

FAA flight instructor certificate is also 

afforded to those current and former 

U.S. military instructor pilots and 

military pilot examiners who serve or 


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have served in the National Guard and 

Reserves units of the U.S. Army, Air 

Force, Navy, Marine Corps, and Coast 

Guard. 

43. This revision of § 61.73(h) clarifies, 

simplifies, and lists the documents 

required for proving rated U.S. military 

pilot status to qualify for FAA pilot 

certification 

Revised § 61.73(h) clarifies, 

simplifies, and lists the documents 

required for proving a current or former 

rated military pilot is qualified for FAA 

pilot certification. This revision was 

developed in response to many 

inquiries over the years that were 

received by the FAA on what 

documents are required to show proof 

as a rated military pilot in the U.S. 

Armed Forces. 

Five commenters supported the 

proposed clarification. One commenter 

asserted the clarification would prevent 

‘‘FSDO shopping’’ by military pilots. 

Two commenters recommended that 

pilots separated from active flight status 

for more than twelve months be 

required to undergo knowledge and 

practical tests. 

The FAA acknowledges the 

supportive comments received on this 

proposal. 

44. This revision of § 61.75(a) and (b) 

requires that a foreign pilot who applies 

for a U.S. private pilot certificate on the 

basis of the person’s foreign pilot license 

must hold at least a foreign private pilot 

license 

Revised § 61.75(a) and (b) will require 

that a foreign pilot who applies for a 

U.S. private pilot certificate hold at least 

a foreign private pilot license. Before the 

August 4, 1997 amendments to part 61 

(Amendments Nos. 1–47, 61–102, 141– 

8, and 143–6; 62 FR 16220–16367; April 

4, 1997), § 61.75 provided that to apply 

for a U.S. pilot certificate on the basis 

of a foreign pilot license, the pilot had 

to hold a foreign pilot license at the 

level of private pilot certificate or 

higher. The foreign pilot license must be 

issued by an ICAO member State. Under 

the 1997 Amendments, the requirement 

that the foreign pilot license to be at the 

level of private pilot certificate or higher 

was deleted without considering that 

there are some foreign countries that 

issue pilot certificates below the private 

pilot license (i.e., recreational pilot 

licenses, sport pilot licenses, or private 

pilot licenses with a limitation that 

restricts a pilot from exercising the 

foreign pilot license to a particular 

foreign country). (See 62 FR 16257 and 

16321; April 4, 1997.) Therefore, this 

final rule revises § 61.75(a) and (b) to 

clarify that the foreign pilot license used 

to apply for the U.S. private pilot 

certificate under the provisions of this 

section must be at a private pilot license 

level or higher, without geographical 

restrictions, or otherwise meet at least 

the private pilot licensing requirements 

of ICAO Annex 1. 

45. This revision of § 61.75(b)(3) permits 

the issuance of a U.S. private pilot 

certificate to foreign pilots who hold a 

U.S. student pilot certificate 

This final rule revises § 61.75(b)(3) to 

clarify that a person who holds a foreign 

pilot license (when the foreign civil 

aviation authority that issued the 

foreign pilot license is a member State 

to ICAO) may apply for a U.S. private 

pilot certificate if that person holds a 

U.S. student pilot certificate. 

Prior to the 1997 final rule 

(Amendments Nos. 1–47, 61–102, 141– 

8, and 143–6; 62 FR 16220–16367; April 

4, 1997), § 61.75(b)(3) allowed a U.S. 

pilot certificate to be issued to the 

holder of a foreign pilot certificate if ‘‘he 

[did] not hold a U.S. pilot certificate of 

private pilot grade or higher.’’ When the 

FAA amended § 61.75(b)(3), it deleted 

the words ‘‘of private pilot grade or 

higher’’ to accommodate the 

recreational pilot certificate without 

considering that this change apparently 

eliminated persons who hold a foreign 

pilot license from being able to hold 

U.S. student pilot certificates. This was 

unintentional. Thus, under this 

revision, we are clarifying that a person 

who holds a foreign pilot license may 

also hold a U.S. student pilot certificate 

and still apply for a § 61.75 U.S. private 

pilot certificate. Furthermore, it should 

be understood that persons who hold a 

foreign pilot license may also apply for 

and receive a U.S. pilot certificate 

through the standard part 61 pilot 

certification process or under the 

special provisions and procedures of 

§ 61.75. 

46. This revision of § 61.75(c) clarifies 

that an aircraft rating on a pilot 

certificate based on a foreign pilot 

license is issued for private pilot 

certificate privileges only 

This final rule revises § 61.75(c) to 

clarify that an aircraft rating on a U.S. 

pilot certificate that was issued on the 

basis of rating(s) held on the person’s 

foreign pilot license is issued for private 

pilot privileges only. Before the 1997 

Amendments (Amendments Nos. 1–47, 

61–102, 141–8, and 143–6; 62 FR 

16220–16367; April 4, 1997), a person 

who held a commercial pilot license or 

higher level foreign pilot license issued 

by an ICAO contracting State could 

apply for and be issued U.S. commercial 

pilot certificate with the appropriate 

ratings. When § 61.75 was amended, the 

rule provided for the issuance of a U.S. 

pilot certificate at the private pilot 

certification level only. Specifically, 

§ 61.75(a) permitted a holder of a foreign 

pilot license issued by an ICAO 

contracting State to ‘‘apply for and be 

issued a private pilot certificate with the 

appropriate ratings when the 

application is based on the foreign pilot 

license.’’ However, there is some 

confusion whether § 61.75(c) applies to 

additional ratings for those foreign 

pilots who were issued U.S. pilot 

certificates under § 61.75. Therefore, to 

further clarify § 61.75(c) and its 

conformity to existing § 61.75(a), 

limiting issuance of the U.S. pilot 

certificate to the private pilot certificate, 

this final rule adds the phrase ‘‘for 

private pilot privileges only’’ to 

§ 61.75(c). 

One commenter opposed the 

proposed provision, asserting that 

foreign commercial pilots should be 

eligible for FAA commercial pilot 

certificates. The essence of the rule 

change is merely to further clarify the 

intent of the rule and no substantive 

changes have been made. Therefore, the 

FAA is adopting the revision as 

proposed in the NPRM. 

47. This revision of § 61.75(e) corrects 

an error in the rule that states ‘‘U.S. 

private pilot certificate’’ when it should 

state ‘‘U.S. pilot certificate’’ 

Before the last major change to part 61 

(Amendments Nos. 1–47, 61–102, 141– 

8, and 143–6; 62 FR 16220–16367; April 

4, 1997), the FAA had issued U.S. 

commercial pilot certificates to holders 

of foreign commercial pilot licenses or 

higher who applied for our U.S. 

commercial pilot certificate and ratings 

on the basis of § 61.75. When the FAA 

amended paragraph (e) under § 61.75, 

the rule was changed to read a person 

who receives a ‘‘U.S. private pilot 

certificate.’’ The rule, however, needs to 

account for those outstanding foreign 

pilots who hold U.S. commercial pilot 

certificates. Therefore, the final rule 

revises § 61.75(e), (1), (4), (f), and (g) 

accordingly. 

48. This revision of § 61.77 clarifies the 

requirements for issuance of Special 

Purpose Pilot Authorizations 

This final rule revises various 

paragraphs in § 61.77 to address 

confusion about the special purpose 

pilot authorizations and correct some 

inconsistencies. The special purpose 

pilot authorization is a letter issued by 

the FAA to a foreign pilot for the 

purpose of performing pilot duties on a 

civil aircraft of U.S. registry that is 

leased to a person who is not a citizen 


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42528 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

of the United States for the purpose of 

carrying persons or property for 

compensation or hire. 

Since § 61.77 was last revised under 

the 1997 amendments (Amendments 

Nos. 1–47, 61–102, 141–8, and 143–6; 

62 FR 16220–16367; April 4, 1997), 

there has been confusion as to whom 

could be issued a special purpose pilot 

authorization and what kind of 

operations are permitted under a special 

purpose pilot authorization. For 

example, the FAA discovered that a 

foreign corporate operator was issued 

special purpose pilot authorizations in 

error. The FAA never intended that 

special purpose pilot authorizations be 

issued to foreign corporate operators 

who are not performing the carriage of 

persons or property for compensation or 

hire. Foreign pilots involved in part 91 

operations have the ability to apply for 

and receive U.S. pilot certificates in 

accordance with § 61.75 or through the 

standard part 61 pilot certification 

process. Therefore, this final rule adds 

§ 61.77(a)(2)(i) through (iv) to clarify 

what kind of operations foreign pilots 

are required to be performing to be 

eligible for a special purpose pilot 

authorization. 

Additionally, the FAA has 

determined that the citizenship or 

resident status requirement under 

existing § 61.77(b)(1) conflicts with the 

policy authorizing holders of foreign 

pilot licenses to serve as pilots in U.S. 

registered aircraft for the kinds of flight 

operations covered by special purpose 

pilot authorizations. Thus, the 

citizenship or resident status 

requirement is unnecessary. The 

revision will delete the phrase ‘‘from 

which the person holds citizenship or 

resident status’’ under § 61.77(b)(1) 

because some pilots of foreign air 

carriers do not hold citizenship or 

resident status in the country from 

which they hold their pilot licenses, as 

is the case of U. S. citizens who serve 

as flight crewmembers aboard U.S. 

registered aircraft for foreign air carriers. 

Therefore, we have determined this 

requirement in § 61.77(b)(1) is 

burdensome and unnecessary. 

Furthermore, this final rule deletes 

§ 61.77(b)(5) (i.e., a recent flight 

experience requirement under § 61.57 to 

be issued a special purpose pilot 

authorization) because the normal 

procedure for issuing special purpose 

pilot authorizations requires the foreign 

air carriers only to send the application 

and copies of the person’s foreign pilot 

and medical licenses to the FAA and 

does not require the airman to appear in 

person to the FAA. The FAA has no way 

of determining whether the pilot has 

complied with § 61.57 currency 

requirements. Therefore, this final rule 

deletes existing § 61.77(b)(5). 

49. This revision of § 61.96(b)(9) 

requires a person to hold either a 

student pilot certificate or sport pilot 

certificate when applying for a 

recreational pilot certificate 

Revised § 61.96(b)(9) requires a 

person to hold either a student pilot 

certificate or sport pilot certificate to 

apply for a recreational pilot certificate. 

The FAA believes the rules implicitly 

require a person to hold a student pilot 

certificate before making application for 

a recreational pilot certificate. To apply 

for a recreational pilot certificate, an 

applicant must log at least three hours 

of solo flight time. (See 14 CFR 

61.99(b).) To operate an aircraft in solo 

flight, the person must hold at least a 

student pilot certificate. (See 14 CFR 

61.87(l)(1).) To avoid any further 

confusion, this final rule now specifies 

a person to hold either a student pilot 

certificate or sport pilot certificate 

before applying for a recreational pilot 

certificate. 

One commenter supported the 

proposed requirement that a 

recreational pilot applicant hold a 

student pilot certificate. Four 

commenters asserted a recreational pilot 

applicant should hold either a student 

pilot certificate or a sport pilot 

certificate. 

We agree that § 61.96(b)(9) be further 

revised to allow holding either a student 

pilot certificate or sport pilot certificate. 

We have changed the rule accordingly. 

50. This revision of § 61.101(e)(1)(iii) 

allows for a holder of a recreational 

pilot certificate to act as PIC in 

rotorcraft with more than a 180 

horsepower powerplant 

Currently, holders of recreational 

pilot certificates are limited from acting 

as pilot in command (PIC) of an aircraft 

certificated ‘‘with a powerplant of more 

than 180 horsepower.’’ The purpose for 

the more than 180 horsepower 

powerplant limitation was restricting 

recreational pilots to slower, less 

complex aircraft. The FAA has 

determined that the 180 horsepower 

powerplant limitation is inappropriate 

for helicopters or gyroplanes. For 

example, the Bell 47 is a 1950-era 

helicopter that is simple in design and 

easy to fly, but some Bell 47 helicopters’ 

engines exceed the 180 horsepower 

rating. This meant recreational pilots 

were restricted from acting as PIC of 

these kinds of helicopters. Therefore, 

this final rule revises § 61.101(e)(1)(iii) 

to exclude aircraft that are certificated 

in the rotorcraft category from the 180 

horsepower powerplant limitation. The 

180 horsepower powerplant limitation 

will only apply to aircraft certificated in 

the airplane category. 

Additionally, we are making a 

correction in § 61.101 in paragraph (j) 

that references ‘‘paragraph (h)’’ when 

the rule should reference ‘‘paragraph 

(i).’’ This mistake was recently 

discovered. Paragraph (h) is a rule about 

the requirement for adding the notation 

‘‘Holder does not meet ICAO 

requirements’’ to the recreational pilot 

certificate. Paragraph (i) is the correct 

rule that should be referenced in 

paragraph (j) as it provides the 

requirements for flying solo for holders 

of recreational pilot certificates. 

51. This revision § 61.103(j) requires a 

person either hold a student pilot 

certificate, sport pilot certificate, or a 

recreational pilot certificate when 

applying for a private pilot certificate 

Revised § 61.103(j) now requires a 

person to hold either a student pilot 

certificate, sport pilot certificate, or 

recreational pilot certificate when 

applying for a private pilot certificate. 

The rules implicitly require a person to 

either have a student pilot or 

recreational pilot certificate before 

applying for a private pilot certificate. 

To apply for a private pilot certificate, 

an applicant must log at least 10 hours 

of solo flight time (See 14 CFR 61.109). 

To operate an aircraft in solo flight, the 

person must hold at least a student pilot 

certificate (See 14 CFR 61.87(l)(1)). 

However, to address any possible 

confusion, this revision explicitly 

specifies that a person hold either a 

student pilot certificate, sport pilot 

certificate, or recreational pilot 

certificate in order to apply for a private 

pilot certificate. 

Two commenters supported the 

proposed eligibility requirements for a 

private pilot certificate. Seven 

commenters asserted the proposed 

requirements for a private pilot 

certificate fail to address holders of 

sport pilot certificates and 

recommended that a private pilot 

candidate be required to hold a student 

pilot certificate, a recreational pilot 

certificate, or a sport pilot certificate. 

The FAA acknowledges comments 

received on this proposal. The FAA 

agrees with the commenters who 

requested that § 61.103(j) be further 

revised to allow holding either a student 

pilot certificate, sport pilot certificate, or 

recreational pilot certificate. We have 

changed the rule accordingly. 


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52. This revision of § 61.109(a)(5)(ii), 

(b)(5)(ii), and (e)(5)(ii) amends the solo 

cross country mileage requirements for 

consistency with the mileage 

requirements under the definition of 

‘‘cross country’’ 

This final rule revises 

§ 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), 

standardizing use of the term ‘‘cross 

country’’ throughout part 61. Under 

§ 61.1(b)(3)(ii), the FAA defines the 

distance of a cross country flight, in 

pertinent part, as ‘‘more than 50 

nautical miles.’’ Under § 61.109(a)(5)(ii), 

(b)(5)(ii), and (e)(5)(ii), the regulations 

erroneously state, ‘‘of at least 50 

nautical miles.’’ The revision amends all 

definitions of ‘‘cross country’’ to read 

‘‘more than 50 nautical miles.’’ Four 

commenters supported changing the 

definition of cross country. One 

commenter asserted the change will 

eliminate questions regarding rounding 

without a significant negative impact. 

Nine commenters objected to the change 

with one arguing that the change could 

force performance of longer cross 

country flights in instances where 

existing airport pairings are exactly the 

specified number of miles apart. One 

commenter believed there was no 

compelling safety or other concerns 

sufficient to mandate the change, and 

another commenter asserted the 

proposed change would only provide 

minimal benefits. 

Two commenters recommended that, 

rather than changing § 61.109(a)(5)(ii), 

(b)(5)(ii), and (e)(5)(ii), the FAA change 

§ 61.1(b)(3)(ii) to read ‘‘at least’’ for 

continuity purposes. One commenter 

recommended that, if the definition of 

cross country flight is to be changed to 

a format of ‘‘more than’’ a number of 

miles, that mileages be reduced by one 

mile (i.e., from at least 50 miles to more 

than 49 miles). One commenter asserted 

the change will eliminate rounding 

without a significant negative impact. 

One commenter asserted the costs of the 

change outweigh the minimal benefit 

resulting from changing the definition. 

One commenter, while opposing the 

change, will accept it if it would prevent 

issuance of a certificate stating ‘‘Holder 

does not meet ICAO requirements.’’ 

The purpose of the rule change is to 

correct a mistake in the former rule and 

no substantive changes have been made. 

53. This revision of § 61.109(c)(4)(ii) 

amends the solo cross country distance 

requirement for the private pilothelicopter rating 

This final rule revises 

§ 61.109(c)(4)(ii) so the cross country 

distance requirement for the helicopter 

rating at the private pilot certification 

level conforms to ICAO requirements 

and the FAA’s cross country distance 

definition in § 61.1(b)(3)(v). The existing 

solo cross country distance requirement 

under § 61.109(c)(4)(ii) for the private 

pilot-helicopter rating states that the 

solo cross country flight must be ‘‘at 

least 75 nautical miles total distance.’’ 

The ICAO requirements, set forth under 

Annex I, paragraph 2.7.1.3.2 require that 

the total distance be at least 100 nautical 

miles total distance. Therefore, this final 

rule revises the private pilot-helicopter 

rating requirement to conform to the 

ICAO requirement. 

Additionally, the helicopter rating for 

private pilot certification under 

§ 61.109(c)(4)(ii) erroneously states ‘‘of 

at least 25 nautical miles.’’ This final 

rule revises the rules to read ‘‘more than 

25 nautical miles’’ to conform to the 

definition of ‘‘cross country’’ under 

§ 61.1(b)(3)(v). 

Seven commenters objected to the 

change. The FAA already addressed 

many of these comments earlier in this 

document. The concerns included: 

forcing performance of longer cross 

country flights in cases where existing 

airport pairings are exactly the specified 

number of miles apart; no compelling 

safety reason; and, the costs of the 

change outweigh the minimal benefit 

resulting from changing the definition. 

The essence of this rule change is to 

parallel our rule with ICAO standards, 

so that U.S. pilot certification conforms 

to international civil aviation standards 

and our private pilot certificate is 

recognized by the other ICAO member 

States. Therefore, we are adopting the 

revision as proposed in the NPRM. 

54. This revision of § 61.109(d)(4)(ii) 

amends the solo cross country distance 

requirement for the private pilotgyroplane rating 

This final rule revises 

§ 61.109(d)(4)(ii) to conform the cross 

country distance for the gyroplane 

rating at the private pilot certification 

level to the ICAO requirements for the 

gyroplane rating and to § 61.1(b)(3)(v). 

The existing solo cross country distance 

requirement for the private pilotgyroplane rating states that the solo 

cross country flight must be ‘‘at least 75 

nautical miles total distance.’’ The ICAO 

requirements, set forth under Annex I, 

paragraph 2.7.1.3.2, require that the 

total distance be at least 100 nautical 

miles total distance. Therefore, this final 

rule revises the cross country distance 

for the private pilot-gyroplane rating to 

conform to the ICAO’s cross country 

distance requirement for the gyroplane 

rating at the private pilot certification 

level. Additionally, the gyroplane rating 

for private pilot certification under 

§ 61.109(d)(4)(ii) erroneously states ‘‘of 

at least 25 nautical miles.’’ The revision 

amends the rule to read: ‘‘more than 25 

nautical miles’’ in conformance with the 

definition of ‘‘cross country’’ under 

§ 61.1(b)(3)(v). 

Four commenters supported changing 

the definition. Seven commenters 

objected to the change. One commenter, 

while opposing the change, would 

accept it if it prevented issuance of a 

certificate stating ‘‘Holder does not meet 

ICAO requirements.’’ 

The essence of this rule change is to 

parallel our rule with ICAO standards, 

so that U.S. pilot certification conform 

to international civil aviation standards 

and our private pilot certificate is 

recognized by the other ICAO Member 

States to ICAO. Therefore, the FAA is 

adopting the revision as proposed in the 

NPRM. 

55. This revision of § 61.127(b)(4)(vi) 

adds a requirement for ground reference 

maneuvers for commercial pilot 

certification-gyroplane rating 

Revised § 61.127(b)(4)(vi) will require 

training in ‘‘ground reference 

maneuvers’’ for the gyroplane rating at 

the commercial pilot certification level. 

When the FAA amended the area of 

operations under § 61.127 for the 

gyroplane rating at the commercial pilot 

certification level, the reference to 

‘‘ground reference maneuvers’’ was 

deleted. After further review, this final 

rule re-instates the ‘‘ground reference 

maneuvers’’ as an area of operation for 

the gyroplane rating at the commercial 

pilot certification level. We believe this 

to be an important training and 

certification task. The ground reference 

maneuvers must include at least ‘‘eights 

around a pylon,’’ ‘‘eights along a road,’’ 

‘‘rectangular course,’’ ‘‘S-turns,’’ and 

‘‘turns around a point.’’ 

Three commenters supported the 

addition of ground reference maneuvers 

as an area of operation for a commercial 

pilot gyroplane rating. One commenter 

did not object to the addition of ground 

reference maneuvers, but opposed the 

inclusion of specific maneuvers in the 

regulation while another opposed the 

introduction of rectangular course, Sturns, and turns around a point because 

these maneuvers are trained and tested 

at the private pilot level. 

The FAA acknowledges the 

supportive comments received on this 

proposal. The one commenter’s 

statement that the rectangular course, sturns, and turns around a point are 

trained and tested at the private pilot 

level is accurate. However, the 

difference will be that the maneuvers 

must now be performed to commercial 

pilot certification standards. The FAA is 


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adopting the revision as proposed in the 

NPRM. 

56. This revision of § 61.127(b)(5)(vii) 

deletes the requirement for the ‘‘ground 

reference maneuver’’ in the area of 

operation for commercial pilot 

certification-powered-lift rating 

This final rule deletes ‘‘ground 

reference maneuver’’ area of operation 

under § 61.127(b)(5)(vii) for the 

powered-lift rating at the commercial 

pilot certification level. The FAA has 

determined that the ‘‘ground reference 

maneuver’’ is not appropriate for the 

powered-lift rating at the commercial 

pilot certification level. 

Two commenters supported the 

elimination of ground reference 

maneuvers as an area of operation for a 

commercial pilot powered-lift rating. 

Two other commenters opposed the 

elimination of ground reference 

maneuvers. The Greater St. Louis Flight 

Instructor Association argued in their 

comments that because powered lifts 

exhibit the qualities of both airplanes 

and helicopters, maneuvers unique to 

both aircraft should be demonstrated. 

One commenter opined that since there 

are no certified civilian powered-lifts, 

there is no way to know what 

maneuvers are appropriate for testing. 

The commenter recommended no 

changes be made until a Flight 

Standardization Board (FSB) has 

determined if changes are required. 

The FAA acknowledges the comments 

received on this proposal. The FAA has 

not completed its FSB report on any 

make and model of powered-lift 

currently under production; however, 

because powered-lifts have flight 

characteristics of both the airplane and 

helicopter, we have determined that 

training on ‘‘ground reference 

maneuvers’’ would not be appropriate 

for the powered-lift rating at the 

commercial pilot certification level. The 

FAA does not intend to require ground 

reference maneuvers for certification 

during development of its FSB report, 

nor do we intend to require the 

maneuvers for the powered-lift rating 

for the commercial pilot certificate. The 

FAA is adopting the revision as it 

proposed in the NPRM. 

57. This revision of § 61.129(a)(3)(i) 

clarifies the tasks required for 

‘‘instrument training’’ for commercial 

pilot certification-airplane single engine 

rating 

Ever since the instrument 

aeronautical experience requirement 

was adopted under § 61.129 by the 1997 

amendments (Amendments Nos. 1–47, 

61–102, 141–8, and 143–6; 62 FR 

16220–16367; April 4, 1997), the FAA 

has received questions about 

appropriate training for instrument 

aeronautical experience. Therefore, the 

FAA has revised § 61.129(a)(3)(i) to 

clarify tasks required for ‘‘instrument 

aeronautical experience’’ for the 

airplane single engine rating at the 

commercial pilot certification level. 

Under this revision, ‘‘instrument 

aeronautical experience’’ will include at 

least ‘‘10 hours of instrument training, 

of which at least 5 hours must be in a 

single engine airplane and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems.’’ 

Two commenters generally supported 

the instrument training requirements 

proposal. One comment supported 

requiring five hours of training. Six 

commenters objected to the unqualified 

requirement that a view-limiting device 

be used for instrument training arguing 

that students should be permitted to 

train without a view-limiting device in 

actual instrument meteorological 

conditions (IMC) if the instructor is 

instrument current. Four commenters 

recommended the rule be modified to 

require training in actual IMC or using 

a view-limiting device. One commenter 

recommended use of a view-limiting 

device at the instructor’s discretion. 

Two commenters recommended a 

minimum amount of actual instrument 

experience be required. 

The essence of the § 61.129(a)(3)(i) is 

to clarify tasks required for ‘‘instrument 

aeronautical experience’’ for the 

airplane single engine rating at the 

commercial pilot certification level. 

Under this revision ‘‘instrument 

aeronautical experience’’ will include at 

least ‘‘10 hours of instrument training, 

of which 5 hours must be in a single 

engine airplane and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems.’’ 

The purpose of this change is to 

further clarify the intent of the rule and 

no substantive changes have been made. 

As for the commenters’ objections to use 

a view-limiting device and perform the 

instrument training in IMC, the answer 

is an aircraft being flown in IMC does 

not necessarily limit a person’s vision to 

the outside and horizon. For example, 

an aircraft may be being flown between 

cloud layers and be considered an IMC 

operation; however, the pilot may be 

able to see outside the aircraft and see 

some portions of the horizon. Another 

example would be an aircraft being 

flown at night with reduced flight 

visibility; however, the ground lights 

and lighting around cities and towns 

would not limit a person’s visual cues 

to the outside and horizon. The FAA 

has determined that requiring the use of 

a view-limiting device will better insure 

quality instrument training. The FAA is 

adopting the revision as proposed in the 

NPRM. 

58. This revision of § 61.129(b)(3)(i) 

clarifies the tasks required for 

‘‘instrument training’’ for commercial 

pilot certification-airplane multiengine 

rating 

This final rule revises § 61.129(b)(3)(i) 

to clarify the tasks required for 

‘‘instrument training’’ for the airplane 

multiengine rating at the commercial 

pilot certification level. Revised 

§ 61.129(b)(3)(i) provides that 

instrument aeronautical experience 

must include at least ‘‘10 hours of 

instrument training, of which at least 

five hours must be in a multiengine 

airplane and must include training 

using a view-limiting device for attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems.’’ 

Two commenters generally supported 

the instrument training requirements for 

a commercial pilot certificate and one 

supported the requirement for five 

hours of training. Five commenters 

objected to the unqualified requirement 

that a view-limiting device be used for 

instrument training asserting students 

should be permitted to train without a 

view-limiting device in actual IMC if 

instructor is instrument current. Two 

commenters recommended the rule be 

modified to require training in actual 

IMC or using a view-limiting device. 

Two commenters recommended use of a 

view-limiting device be at the discretion 

of the instructor. One commenter 

recommended a minimum amount of 

actual instrument experience be 

required. 

Our responses to these kinds of 

comments were previously answered in 

the discussion of § 61.129(a)(3)(i) above. 

The essence of the change is merely to 

further clarify the intent of the rule and 

no substantive changes have been made. 

59. This revision of § 61.129(c)(3)(i) 

allows use of a flight simulator, flight 

training device, or aviation training 

device for some of the instrument 

training required for commercial pilot 

certification-helicopter rating 

Revised § 61.129(c)(3)(i) will allow 

instrument training required for the 

helicopter rating at the commercial pilot 

certification level to be performed in an 

aircraft, flight simulator (FS), flight 


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training device (FTD), or aviation 

training device (ATD). In response to 

questions raised by the general aviation 

and flight training community, the 

training is required to satisfy instrument 

training for the helicopter rating at the 

commercial pilot certification level. The 

instrument training will include at least 

‘‘5 hours of instrument training and 

must include training using a viewlimiting device for attitude instrument 

flying, partial panel skills, recovery 

from unusual flight attitudes, and 

intercepting and tracking navigational 

systems.’’ 

One commenter supported the 

proposed changes to the instrument 

training requirements for a commercial 

helicopter rating and two others 

supported the proposed changes to the 

language describing the instrument 

training required. One commenter 

recommended even more descriptive 

language providing specific maneuvers 

to be conducted, similar to that used for 

the private pilot single engine airplane 

requirements. One commenter 

supported the proposed requirement 

that all required instrument training be 

performed in a helicopter because under 

current rules, pilots may receive all 

required instrument training in another 

category of aircraft resulting in 

ineffective learning. One commenter 

rejected any argument that instrument 

helicopter training will be without cost 

implications, because he believes that 

most training helicopters are not 

certified for instrument flight and 

asserts that training for flight by 

reference to instruments does not 

require the kinds of flight instruments 

required under instrument flight rules 

(i.e., § 91.205(d)). One commenter 

asserted that, unlike airplane pilots, 

helicopter pilots generally do not tend 

to obtain their instrument ratings before 

obtaining a commercial rating. Four 

commenters, including American 

Eurocopter and HAI, recommended 

requiring 10 hours of flight by reference 

to instruments. Four commenters stated 

the history of accidents involving 

inadvertent flight into IMC warrants an 

increase in the amount of required 

instrument training, rather than a 

decrease. 

Two commenters noted commercial 

helicopter pilots may act in common 

carriage without an instrument rating 

without distance or other restrictions. 

Four commenters opposed the 

requirement for five hours of training on 

flying a helicopter solely by reference to 

instruments. Two commenters asserted 

the proposed requirement will force 

many commercial pilot candidates to 

train in larger, more expensive 

helicopters. AOPA asserted that pilots 

may have difficulty gaining access to 

instrument equipped helicopters or an 

appropriately configured simulator, 

flight training device (FTD), or personal 

computer aviation training device 

(PCATD). One commenter noted few 

helicopters used for training are 

equipped with more than basic VFR 

instruments. Another commenter 

asserted that since non-instrument rated 

pilots are not required to maintain 

instrument currency, any skills acquired 

will rapidly deteriorate and negatively 

impact safety by giving pilots a false 

impression they are qualified to fly in 

marginal VFR conditions. One 

commenter asserted the proposed rule 

will unnecessarily force many 

helicopter instructors to obtain 

instrument ratings. Two commenters 

stated the history of accidents involving 

inadvertent flight into IMC does not 

support the proposed provision because 

most accidents have involved 

instrument-rated pilots. Four 

commenters objected to the unqualified 

requirement that a view-limiting device 

be used for instrument training. 

The commenters asserted students 

should be permitted to train without a 

view-limiting device in actual IMC if the 

instructor is instrument current. One 

commenter recommended the rule be 

modified to require training in actual 

IMC or using a view-limiting device. 

Three commenters recommended use of 

a view-limiting device be at the 

discretion of the instructor. American 

Eurocopter and HAI recommended the 

FAA require 10 hours of instrument 

instruction but permit five hours to be 

conducted in a simulator, flight training 

device or PCATD. 

Under the old § 61.129(c)(3)(i), the 

rule required that applicants for a 

commercial pilot certificate for the 

helicopter rating receive ‘‘10 hours of 

instrument training in an aircraft.’’ This 

proposed change merely provides other 

methods (i.e., use of a flight simulator, 

flight training device, or an aviation 

training device) for an applicant to 

receive instrument training. Our 

responses to these comments were 

previously answered in the discussion 

of § 61.129(a)(3)(i) above. We are 

adopting the revision as proposed in the 

NPRM. 

60. This revision of § 61.129(d)(3)(i) 

allows for use of flight simulators, flight 

training devices, or aviation training 

devices for some of the instrument 

training required for commercial pilot 

certification-gyroplane rating 

Revised § 61.129(d)(3)(i) reduces the 

number of hours of instrument training 

required from five to 2.5 hours and 

allows instrument training required for 

the gyroplane rating at the commercial 

pilot certification level to be performed 

in an aircraft, FS, FTD, or ATD. The 

FAA believes that the training for the 

commercial pilot-gyroplane rating will 

be more useful if the training focused on 

other tasks. We recognize that 

gyroplanes are normally not sufficiently 

equipped for instrument flight 

operations and are flown mostly in 

daytime, visual meteorological 

conditions. 

This final rule has clarified the 

instrument training required to satisfy 

the ‘‘instrument training’’ for the 

gyroplane rating at the commercial pilot 

certification level. The instrument 

training will have to include at least 2.5 

hours of instrument training, including 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. 

Two commenters supported the 

proposed commercial pilot gyroplane 

rating instrument training requirements. 

One commenter opposed the reduction 

in required instrument training time 

from five hours to 2.5 hours, and argued 

alternatives to training in the aircraft 

make the requirement less onerous, and 

claimed, that training appropriate for a 

helicopter rating should be appropriate 

for gyroplanes as well. The commenter 

also pointed out that if five hours is 

completed, a pilot adding an additional 

class in the same category would not 

need any additional training time. 

Seven commenters stated instrument 

training for a commercial gyroplane 

rating is unnecessary and recommended 

its elimination. Two commenters argued 

the training time would be better 

devoted to basic flying skills since the 

vast majority of gyroplane operations 

are day VFR. These commenters added 

that accident history does not indicate 

that inadvertent flight into IMC is a 

significant causal factor. Three 

commenters noted gyroplanes are 

particularly unforgiving if unusual 

attitudes are encountered in IFR. Four 

commenters stated few or no gyroplanes 

are equipped for IFR. One commenter 

recommended making instrument 

privileges for a gyroplane rating 

optional, while two commenters 

recommended eliminating all 

instrument training requirements for 

gyroplanes. One commenter asserted a 

majority of pilots acquiring commercial 

pilot certificates with the gyroplane 

rating do so in order to instruct. The 

commenter asserted a lack of qualified 

instructors is a significant factor in 

gyroplane accidents, and that requiring 

instrument training for a commercial 


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42532 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

rating creates an unnecessary obstacle to 

becoming an instructor. 

Two commenters objected to the 

unqualified requirement that a viewlimiting device be used for instrument 

training. One commenter recommended 

the rule be modified to require training 

in actual IMC or using a view-limiting 

device and one commenter 

recommended use of a view-limiting 

device be at the discretion of the 

instructor. 

Under the old § 61.129(d)(3)(i), the 

rule required that applicants for a 

commercial pilot certificate for the 

gyroplane rating receive ‘‘5 hours of 

instrument training in an aircraft.’’ This 

proposed change merely reduces the 

hours requirement to 2.5 hours and 

provides other methods (i.e., use of a 

flight simulator, flight training device, 

or an aviation training device) for an 

applicant to receive instrument training. 

Additionally, the FAA is aware that 

gyroplanes are not certificated for 

instrument flight; however, this 

minimal amount of instrument training 

is to provide pilots with some training 

about flying in instrument conditions to 

make them better skilled and alert for 

instrument flight conditions. 

Our response to these kinds of 

comments were previously answered in 

the FAA Analysis paragraph in proposal 

No. 57 about § 61.129(a)(3)(i) above. The 

FAA acknowledges the comments 

received about this proposal. The FAA 

is adopting the revision as proposed in 

the NPRM. 

61. This revision of § 61.129(e)(3)(i) 

clarifies the tasks required for 

‘‘instrument training’’ for commercial 

pilot certification-powered-lift rating 

This final rule revises § 61.129(e)(3)(i) 

for the powered-lift rating at the 

commercial pilot certification level. 

This revision requires at least 10 hours 

of instrument training, of which at least 

five hours must be in a powered-lift and 

must include training using a viewlimiting device for attitude instrument 

flying, partial panel skills, recovery 

from unusual flight attitudes, and 

intercepting and tracking navigational 

systems. 

Five commenters objected to the 

unqualified requirement that a viewlimiting device for instrument training, 

arguing that students should be 

permitted to train without a viewlimiting device in actual IMC if the 

instructor is instrument current. Two 

commenters recommended the rule be 

modified to require training in actual 

IMC or using a view-limiting device. 

Three commenters recommended use of 

a view-limiting device be at the 

discretion of the instructor. 

Our response to these kinds of 

comments were previously answered in 

the FAA discussion of § 61.129(a)(3)(i) 

above. The FAA acknowledges the 

comments received about this proposal. 

We are adopting the revision as 

proposed in the NPRM. 

62. This revision of § 61.129 for 

commercial pilot certification allows 

cross country training flights to be 

performed under VFR or IFR 

This final rule revises 

§ 61.129(a)(3)(iii) and (iv), (b)(3)(iii) and 

(iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) 

and (iii), (g)(4)(ii) and (iii) to allow the 

required cross country flights for 

commercial pilot certification to be 

performed under VFR or IFR. 

Previously, § 61.129 required one 

cross country flight in day VFR 

conditions and one cross country flight 

in night VFR conditions. Since 

establishing these cross country training 

requirements at the commercial pilot 

certification level, the FAA has received 

requests from several pilot training 

schools that we allow flights to be 

performed under IFR conditions. 

According to the schools, most 

applicants for commercial pilot 

certification-airplane rating and some 

applicants for the helicopter rating are 

enrolled in an instrument rating course 

at the same time they are undergoing 

their commercial pilot certification 

training. 

Eleven commenters supported the 

proposed provision permitting cross 

country flights for commercial pilot 

certification to be performed under VFR 

or IFR conditions. Four commenters 

asserted training will better reflect trueto-life scenarios. Four commenters 

opposed the proposed provision, and 

three commenters stated the visual 

navigation skills required for VFR cross 

country flight should not be 

deemphasized. One commenter noted 

that under the proposed rules, a pilot 

could complete the cross country 

requirement in two flights, under IFR or 

VFR conditions. The commenter stated 

the commercial pilot certificatehelicopter candidates should be 

required to perform cross country flights 

under VFR, because helicopters 

typically operate under VFR. 

We agree it makes sense to allow the 

cross country training requirements 

under § 61.129 to be performed under 

IFR conditions. The FAA agrees and is 

allowing the cross country training 

requirements under § 61.129 for 

commercial pilot certification for the 

airplane, rotorcraft, powered-lift, and 

airship ratings to be performed under 

VFR or IFR conditions. 

We also agree that navigation using 

pilotage and dead reckoning is 

important; however, a commercial pilot 

applicant will have received VFR cross 

country navigation training during their 

training and practical test for their 

private pilot certificate. In the case of 

cross country navigation training for the 

commercial pilot certificate, we believe 

the determination of whether the cross 

country training is performed under 

VFR or IFR is best left to the needs of 

the applicant and the instructor’s 

discretion. For these reasons, the FAA is 

adopting the revision as proposed in the 

NPRM. 

63. This revision of § 61.129(d)(3)(iii) 

deletes the night training requirement 

for commercial pilot certificationgyroplane rating 

This final rule deletes the night cross 

country aeronautical experience 

requirement under § 61.129(d)(3)(iii) for 

the gyroplane rating at the commercial 

pilot certification level. This final rule 

replaces the night cross country 

aeronautical experience requirement 

with two hours of flight training at night 

that consists of ten takeoffs and ten 

landings at an airport. 

Nine commenters supported 

eliminating the night cross country 

experience requirement for a 

commercial gyroplane rating and five 

commenters stated the requirement 

presents an unacceptable risk because 

the open cockpits of gyroplanes require 

lower altitude flight with reduced 

gliding range and because the 

instrumentation of gyroplanes is 

limited. One commenter asserted the 

requirement has discouraged potential 

gyroplane instructors from acquiring a 

commercial certificate. Two 

commenters asserted landing 

proficiency is of particular importance 

in gyroplane operations, and the night 

cross country requirement should be 

replaced with a requirement for a 

minimum amount of night flight 

including a minimum number of 

takeoffs and landings. One commenter 

opposed elimination of the night cross 

country requirement arguing if it is 

appropriate for a helicopter rating, it 

should be appropriate for gyroplanes. 

The commenter also stated a 

commercial gyroplane pilot could 

subsequently obtain a helicopter class 

rating with no additional training time 

and no night cross country experience. 

The FAA made this revision so that 

nighttime training for the gyroplane 

rating at the commercial pilot 

certification level will be more useful 

and more safely conducted in the 

vicinity of an airport. Gyroplanes have 

limited equipment and systems for 


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nighttime operations, and a cross 

country flight raises some added safety 

concerns in gyroplanes given its limited 

instrument flight and navigation 

capabilities. Therefore, the FAA is 

adopting the revision as proposed in the 

NPRM. 

64. This revision of § 61.129 amends the 

commercial pilot certification solo 

aeronautical experience requirements to 

allow the aeronautical experience to be 

performed either solo or while 

performing the duties of PIC with an 

instructor on board 

This final rule revises § 61.129(a)(4), 

(c)(4), (d)(4), (e)(4), and (g)(2) to allow 

the commercial pilot certification 

aeronautical experience to be conducted 

either solo or while performing the 

duties of PIC with an instructor on 

board. Even though the commercial 

pilot certification aeronautical 

experience requirements for a 

multiengine airplane rating allow the 

aeronautical experience requirements to 

be conducted either solo or with an 

authorized instructor on board (See 

§ 61.129(b)(4)), the solo aeronautical 

experience requirements were 

purposely written differently for other 

aircraft categories. This is because 

comments received in response to 

Notice No. 95–11 (60 FR 41160–41284; 

August 11, 1995) indicated that some 

insurance policies prohibit persons who 

do not already hold the multiengine 

airplane category and class rating on 

their pilot certificate from flying solo in 

multiengine airplanes. 

Five commenters supported the 

proposed provision permitting flights 

previously required to be performed 

solo with an instructor on board. One 

commenter stated the knowledge 

requirements are unchanged, and an 

additional pilot scanning for traffic 

enhances safety. Three commenters 

asserted that upon receiving private 

pilot certificates, pilots are permitted to 

fly solo and carry passengers, and 

should have no further solo flight 

requirements. 

Thirteen commenters opposed the 

provision with seven arguing that solo 

flight contributes to the development of 

essential self-reliance, decision-making, 

and command skills. Two commenters 

stated that, under the proposed rules, a 

pilot could progress all the way to an 

ATP certificate with only 10 hours of 

solo flight early in training. One 

commenter recommended pilots 

completing a commercial certificate 

with zero solo time in class be issued 

ratings limited to second in command 

(SIC) privileges. One commenter 

suggested if it is not possible for an 

applicant to perform the flights solo, 

then dual instruction requirements 

should be increased. Two commenters 

believed the proposed provision is 

driven by insurance and cost concerns, 

rather than safety or education concerns 

and insurance concerns should not 

restrict solo flight by commercial pilot 

candidates. The commenter stated most 

commercial pilot training is performed 

in either a single engine fixed gear 

airplane or in some low performance 

single engine retractable gear airplane, 

neither of which is difficult to insure. 

The Greater St. Louis Flight Instructor 

Association rejected the argument that 

flights with an instructor on board foster 

cockpit resource management (CRM) 

skills, noting that the purpose of part 61 

training is to prepare pilots to fly to 

single-pilot standards, not to prepare 

them for a future airline career. The 

association also asserted the proposed 

provision subverts the intent of § 91.3, 

which defines the PIC as directly 

responsible for, and the final authority 

on, the operation of the aircraft. Finally, 

the association asserted students 

ostensibly acting as PIC will defer to 

flight instructors and Examiners. 

One commenter recommended solo 

cross country experience be required, 

but that pilots working toward a 

commercial multiengine airplane rating 

be permitted to perform the flights in a 

single engine airplane to avoid potential 

insurance conflicts. Two commenters, 

including AOPA, recommended 

permitting performance of cross country 

flights solo or with an instructor on 

board and that commercial pilot 

candidates be permitted to perform the 

flights with passengers on board. One 

commenter recommended all pilots who 

hold a private or sport pilot certificate 

be permitted to fulfill solo flight 

requirements for additional certificates 

or ratings with an instructor on board, 

or while carrying passengers, arguing 

that carrying passengers allows pilots to 

share costs and expose potential future 

students to the experience of flight 

without degrading safety. Finally one 

commenter opposed the underlying 

requirement for a long cross country 

flight from commercial pilot candidates 

because it is only meant to conform to 

ICAO standards. 

Since the adoption of § 61.129, the 

FAA has learned that some operators of 

the other categories and classes of 

aircraft also have the same insurance 

policy restrictions. Many of these 

aircraft operators also believe solo 

provisions for commercial pilot 

certification-multiengine airplane rating 

is beneficial in teaching crew resource 

management (CRM). These provisions 

permit the training to be performed solo 

or with an instructor on board while the 

applicant is performing the duties of PIC 

in a multiengine airplane. Some 

operators have said that they will be 

agreeable to their commercial pilot 

applicants practicing abnormal and 

emergency procedures if the applicant’s 

instructor was on board. Therefore, this 

final rule provides for commercial pilot 

certification for the single engine 

airplane, helicopter, gyroplane, 

powered-lift, and airship ratings to be 

performed either solo or while 

performing the duties of PIC with an 

authorized instructor aboard. 

We believe the negative comments 

against this proposal are more of a 

philosophical disagreement than a 

safety issue. The existing rule, 

§ 61.129(b)(4), has permitted the 

commercial pilot-airplane multiengine 

training to be performed either solo or 

with an instructor on board since 

August 4, 1997, and there has not been 

any difference noted in safety or the 

quality of the skills and abilities of 

commercial pilot-airplane multiengine 

applicants. We believe applicants and 

instructors have used this training for 

commercial pilot-airplane multiengine 

applicants to achieve proficiency in 

crew resource management and 

coordination with an SIC designated 

pilot. 

For the stated reasons, the FAA is 

adopting the revision as proposed in the 

NPRM. 

65. This revision of § 61.129(g)(3)(i) 

clarifies the tasks required for the 

‘‘instrument training’’ for commercial 

pilot certification-airship rating 

Ever since the instrument 

aeronautical experience requirement 

was adopted under § 61.129 by the 1997 

amendments (Amendments Nos. 1–47, 

61–102, 141–8, and 143–6; 62 FR 

16220–16367; April 4, 1997), we have 

received questions about what is 

considered appropriate training to cover 

instrument aeronautical experience. 

Revised § 61.129(g)(3)(i) clarifies the 

tasks required for ‘‘instrument training’’ 

for the airship rating at the commercial 

pilot certification level to include the 

use of a view-limiting device for attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems. 

There were no specific comments 

about this proposal on the instrument 

tasks required for the commercial pilotairship rating. The comments received 

focused on clarifying the tasks required 

for ‘‘instrument training’’ for the other 

categories and classes of aircraft at the 

commercial pilot certification level. 

Our responses to these kinds of 

comments were previously answered in 


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the discussion of § 61.129(a)(3)(i). We 

are adopting the revision as it was 

proposed in the NPRM. 

66. This revision of § 61.153(d)(3) 

changes the ATP eligibility requirements 

for pilots who are applying for the ATP 

certificate on the basis of holding a 

foreign commercial or ATP pilot license 

This final rule makes minor clarifying 

revisions to § 61.153(d)(3), the airline 

transport pilot (ATP) eligibility 

requirements for persons holding 

foreign commercial or ATP pilot 

licenses, by including the requirement 

that the foreign commercial or ATP pilot 

license contains no geographical 

limitations. The FAA has determined 

that a foreign applicant for the U.S. ATP 

certificate should not be qualified if the 

foreign ATP license has a geographical 

limitation. Although this situation very 

rarely (if ever) occurs, the FAA wants to 

clarify the rule to avoid any potential 

future conflicts. 

67. This revision re-structures § 61.157, 

moves the provisions for use and 

limitations of flight simulators and 

flight training devices from the ATP 

flight proficiency requirements to the 

§ 61.64, and makes other clarifying 

revisions 

We are revising § 61.157(f) to clarify 

the aeronautical knowledge areas to be 

demonstrated during a competency test/ 

proficiency check under air carrier 

operating rules for an applicant to 

qualify for an ATP and/or an additional 

aircraft rating. 

For a part 135 pilot applicant, the 

items currently required to be 

demonstrated in order to qualify for 

such a certificate or additional rating are 

the aeronautical knowledge areas of 

§ 135.293(a)(1) through (8) and the 

maneuvers and procedures listed in 

§ 135.293(b), plus an instrument 

proficiency check as outlined in the 

§ 135.297. Under part 121, the 

corresponding requirements are listed in 

§ 121.441 and consist of the ‘‘aircraft 

specific’’ maneuvers and procedures 

listed in part 121, appendix F. The part 

135 testing requirements, which include 

such ‘‘generic’’ knowledge areas as air 

traffic control procedures and 

meteorology in general, go beyond the 

requirements of part 121. An objective 

of this rule change, therefore, is to 

synchronize the testing requirements 

between parts 121 and 135 so that the 

same items are required to be tested by 

an applicant under either part. 

Two commenters asserted the 

proposed changes to §§ 61.63 and 

61.157 and new § 61.64 would have a 

significant and detrimental impact on 

the use of flight simulators and the 

flight training industry and supported 

the text of the existing rules. 

The FAA has, by policy, typically 

limited part 142 training center contract 

Check Airmen and designated pilot 

Examiners to testing part 135 pilot 

applicants on the aeronautical 

knowledge area of § 135.293(a)(2) and 

not on the other areas listed in 

§ 135.293(a)(1) and (3) through (8). This 

has sometimes caused a problem in 

showing that an applicant has fully met 

all regulatory requirements, considering 

that § 61.157(f)(2) specifies that these 

knowledge areas must be tested by ‘‘an 

authorized designated pilot examiner or 

FAA aviation safety inspector.’’ Further, 

the rule is silent on the role of a part 142 

Training Center Evaluator (TCE), who is 

also a certifying official, and who may 

be acting in the role of contract check 

airman. 

To ensure the rule is written correctly 

and in accordance with current policy 

and acceptable operating practices, we 

are revising § 61.157(f) to clarify that the 

part 135 competency test described in 

the rule means a PIC competency check 

involving the aeronautical knowledge 

areas of § 135.293(a)(2), the maneuvers 

and procedures listed in § 135.293(b), 

and the instrument proficiency check 

described in § 135.297. This means that 

a part 135 pilot applicant who 

accomplishes a part 135 competency/ 

proficiency check with a part 142 

training center or designated pilot 

examiner will be eligible for an ATP 

certificate or additional aircraft rating, 

but still must accomplish the other 

aeronautical knowledge areas of 

§ 135.293(a)(1) and (3) through (8) with 

their company check airman or FAA 

Aviation Safety Inspector to meet the 

part 135 PIC competency check 

requirements. Without these 

requirements being completed, a part 

135 pilot applicant, although having 

received an appropriate certificate and 

aircraft rating, will not meet the 

qualification requirements to serve as a 

required flight crewmember under part 

135. 

The rule change will also formally 

clarify the designee/certifying official 

role played by a part 142 Training 

Center Evaluator who is also authorized 

by an air carrier’s Principal Operations 

Inspector (POI) as a contract check 

airman. 

This final rule rewords § 61.157(g) 

(former paragraph (j)) and clarifies the 

use of an aircraft on a practical test for 

a type rating that is not capable of 

instrument maneuvers and procedures 

and the issuance of a type rating with 

a VFR limitation under those 

circumstances. This revision parallels 

the revised change under § 61.63(e). 

Additionally, this revision removes 

paragraphs (g), (h), and (i), that provided 

for the use and limitations of a flight 

simulator and flight training device, and 

moves those requirements into § 61.64. 

The FAA’s response to the comments 

about this proposal related to where we 

moved the use and limitations of flight 

simulators and flight training devices 

from § 61.157 to § 61.64 and other 

clarifying changes was previously 

addressed above in the paragraph about 

the changes to § 61.63 and § 61.64. The 

establishment of this rule merely 

consolidates the use of flight simulators 

and flight training devices into § 61.64 

and for these reasons the FAA is 

adopting the revision as it was proposed 

in the NPRM. 

68. This revision of § 61.157(h) requires 

an applicant for a type rating at the ATP 

certification level in a multiengine, 

single-pilot station airplane to perform 

the requirements in a multi-seat version 

of that multiengine airplane 

Revised § 61.157(h) will require an 

applicant for a type rating at the ATP 

certification level for a multiengine 

airplane with single-pilot station to 

perform the practical test in the multipilot seat version of that multiengine 

airplane. The practical test may be 

performed in the single-seat version of 

that airplane if the Examiner is in a 

position to observe the applicant during 

the practical test in the case where there 

is no multi-seat version of that 

multiengine airplane. This revision 

parallels § 61.63(f) for a type rating in a 

multiengine airplane with single-pilot 

station at other than the ATP 

certification level. 

69. This revision of § 61.157(i) requires 

an applicant for a type rating at the ATP 

certification level in a single-engine, 

single-pilot station airplane to meet the 

requirements of this part in a multi-seat 

version of that single engine airplane 

Revised § 61.157(i) will require an 

applicant for a type rating at the ATP 

certification level for a single engine 

airplane with single-pilot station to 

perform the practical test in the multipilot seat version of that single engine 

airplane. The practical test may be 

performed in the single-seat version of 

that airplane if the Examiner is able to 

observe the applicant during the 

practical test when there is no multiseat version of that single engine 

airplane. This revision parallels 

§ 61.63(g) for a type rating in a single 

engine airplane with single-pilot station 

at other than the ATP certification level. 


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70. This revision of § 61.159(c)(3) allows 

U.S. military flight engineers to credit 

flight engineer time when applying for 

an ATP pilot certificate 

Revised § 61.159(c)(3) allows a U.S. 

military flight engineer to credit flight 

engineer time toward the aeronautical 

experience requirements for an ATP 

certificate. Under § 61.159(c)(2), a flight 

engineer who is employed by a part 121 

operator is allowed to credit flight 

engineer time toward an ATP certificate. 

Revised § 61.159(c)(3) affords military 

rated flight engineers the same 

opportunity. 

Three commenters supported the 

proposed provision permitting flight 

engineers to credit military flight 

engineer time toward a civilian ATP 

certificate. The Greater St. Louis Flight 

Instructor Association recommended 

the proposal be expanded to include all 

rated military flight crewmembers that 

perform flight related duties (e.g., Naval 

Flight Officers, U.S. Air Force 

navigators, and weapons system 

operators (WSO)) that hold an FAA pilot 

certificate during the time they perform 

and log their experience. The FAA is 

adopting the revision as proposed in the 

NPRM. 

71. This revision of § 61.159(d) and (e) 

conforms the ATP aeronautical 

experience requirements to the ICAO 

ATP requirements 

This final rule revises § 61.159(d) and 

(e) for conformity to current 

International Civil Aviation 

Organization (ICAO) airline transport 

pilot (ATP) aeronautical experience 

requirements for the airplane category 

as stated in paragraphs 2.1.9.2 and 

2.5.1.3 of the Personnel Licensing, ICAO 

Annex 1. 

For many years, the FAA has received 

numerous inquiries as to whether 

applicants for an ATP certificate with 

the ICAO limitation ‘‘Holder does not 

meet the pilot in command aeronautical 

experience requirements of ICAO’’ must 

have 1,500 hours of total time as a pilot 

or 1,200 hours of flight time as a pilot 

as stated in § 61.159(d)(2). The current 

FAA regulation applies an obsolete 

ICAO ATP airplane aeronautical 

experience rule. Before 1974, ICAO only 

required 1,200 hours of total flight time 

to qualify for an ATP certificate in the 

airplane category. In 1974, ICAO 

amended its ATP aeronautical 

experience requirements for the airplane 

category to require 1,500 hours of flight 

time as a pilot and retained the 

additional qualifying aeronautical 

experience requirements of only 

permitting 50 percent of an applicant’s 

second-in-command time to be credited 

with none of an applicant’s flightengineer time being credited (see 

paragraphs 2.1.9 and 2.5.1.3 of ICAO 

Annex 1, Personnel Licensing). This 

revised change harmonizes FAA 

regulations to ICAO’s current standard. 

72. This revision of § 61.187(b)(6)(vii) 

deletes the flight instructor-glider flight 

proficiency maneuver known as the ‘‘go 

around’’ task 

This final rule deletes the flight 

instructor-glider flight proficiency 

maneuver known as the ‘‘go around’’ 

under § 61.187(b)(6)(vii). 

Understandably, a non-powered glider 

is not capable of performing a ‘‘goaround’’ maneuver. 

One commenter supported 

elimination of the go around maneuver 

from the glider flight instructor rating 

requirement. One commenter opposed 

the removal of the go around 

requirement from the flight proficiency 

requirements for a glider instructor 

rating because a go around may be 

appropriate and applicable in a selflaunching glider. 

In a self-launching glider, it is 

possible that a pilot may have to 

perform a go-around maneuver. 

However, the FAA is attempting to 

establish training requirements that are 

most appropriate for the glider. For 

pilots taking training in a self-launching 

glider, flight instructors may want to 

give their students training on the goaround maneuver, and that decision 

will be left to the flight instructor and 

the student when they arrange the 

training that is best suited to that 

student’s needs and wants. For these 

reasons, the FAA is adopting the 

revision as proposed in the NPRM. 

73. This revision of § 61.195(c) 

establishes the flight instructor 

qualifications for providing instrument 

training in-flight at the commercial pilot 

and ATP certification levels 

This final rule clarifies the flight 

instructor qualifications for flight 

instructors who provide instrument 

training at the commercial pilot and 

ATP certification levels. For example, 

§ 61.129 requires ten hours of 

instrument training for the airplanesingle-engine, airplane-multiengine, 

helicopter, gyroplane, powered-lift, and 

airship ratings at the commercial pilot 

certification levels. This final rule 

revises § 61.195(c) to establish that a 

flight instructor who provides 

instrument training required at the 

commercial pilot and airline transport 

pilot certification levels must hold an 

instrument rating on both his/her pilot 

and flight instructor certificates that are 

appropriate to the category and class of 

aircraft in which instrument training is 

being provided. 

Six commenters supported the 

proposed requirement that instructors 

providing instrument training for most 

certificates and ratings hold instrument 

ratings on their instructor certificates. 

One commenter recommended an 

instrument instructor rating be required 

to administer instrument instruction in 

any context and this is FAA’s past 

interpretation. Four commenters 

recommended the language of the 

proposed rule be revised. Three 

commenters asserted the proposed 

language appears to require an 

instructor to hold an instrument rating 

in both the category and class of aircraft, 

which is not possible, because 

instructor certificates do not have class 

ratings. One commenter recommended 

the requirement apply to an instrument 

rating on the instructor’s pilot 

certificate, and an appropriate class and 

category rating on the instructor’s flight 

instructor certificate. Two commenters 

objected to the requirement that an 

instructor providing instrument training 

for a commercial certificate hold an 

instrument rating on his or her 

instructor certificate. 

The University of Oklahoma Aviation 

Department noted there are no 

instrument flight tasks in the 

commercial pilot training standards 

(PTS) and the commercial pilot 

instrument training requirements are 

very similar to those for the private pilot 

certificate. The university further 

asserted the rule will unnecessarily 

confine non-instrument rated 

instructors to teaching private pilot 

students, or will result in a 

discontinuation of instruction of 

commercial pilot students. Two 

commenters asserted an instructor with 

an instrument rating on his/her pilot 

certificate can effectively provide 

instrument instruction toward a private 

or commercial certificate. One 

commenter questioned whether any 

safety data shows that the basic 

instrument instruction administered by 

instructors not holding instrument 

instructor ratings has been a causal 

accident factor. One commenter asserted 

that the General Aviation Operations 

Inspector Handbook indicates that an 

instrument instructor holding a 

multiengine rating on his/her pilot 

certificate (but not on their instructor 

certificate) may administer instrument 

instruction in a multiengine airplane. 

This commenter further objected to the 

proposed ‘‘class and category’’ language 

of § 61.195(c), because it will prohibit 

this practice. Another commenter 

directly opposed this position because 

an instructor who does not hold an 


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airplane multiengine instructor rating 

should not be permitted to give any 

kind of instruction in a multiengine 

airplane. 

The FAA has always made a 

distinction between the instructor 

qualifications for flight instructors who 

provide private pilot training of 

maneuvering an aircraft ‘‘solely by 

reference to instruments, including 

straight and level flight, constant 

airspeed climbs, and descents, turns to 

a heading, recovery from unusual flight 

attitudes, radio communications, and 

the use of navigation systems/facilities 

and radar services appropriate to 

instrument flight’’ as opposed to the 

more advanced instrument training 

required for commercial pilot 

certification. A flight instructor without 

an instrument rating on his/her flight 

instructor certificate may provide this 

training for private pilot certification. 

However, the more advanced 

instrument training required for 

commercial pilot certification requires a 

flight instructor who holds a flight 

instructor certificate with the 

instrument qualification. We do not find 

any reason to change this policy. 

Therefore, the FAA is adopting the 

revision as proposed in the NPRM. 

We have reviewed the rule text 

language in § 61.195(c) in response to 

the question of whether our change now 

requires an instrument rating on the 

aircraft category and class rating of the 

flight instructor certificate. In 

§ 61.5(c)(4), the rule is clear that the 

instrument rating on the flight instructor 

certificate relates to the aircraft category 

rating, and is not issued to the aircraft 

class rating. The phrase in § 61.195(c) 

that states ‘‘that is appropriate to the 

category and class of aircraft for the 

training provided’’ applies to the 

category and class of aircraft on the 

flight instructor holder’s pilot 

certificate. The phrase in § 61.195(c) 

that states ‘‘that is appropriate to the 

category * * * of aircraft for the 

training provided’’ applies to the 

category of aircraft on the flight 

instructor holder’s instrument rating 

and flight instructor certificate. The 

commenter was correct that the 

instrument rating is only associated 

with the aircraft category rating on a 

flight instructor certificate. However, to 

ensure that the flight instructor holds 

the appropriate instrument rating or 

instrument privileges on both his/her 

pilot certificate and flight instructor 

certificate, we believe this was the most 

appropriate way to write this rule. 

The FAA disagrees that a noninstrument rated flight instructor should 

be able to teach the instrument training 

required for commercial pilot 

certification. The FAA expects the 

instrument training required for 

commercial pilot certification to be 

more advanced and requires that the 

flight instructor who teaches instrument 

training at the commercial pilot 

certification level hold an instrument 

rating on their flight instructor 

certificate. 

In accordance with § 61.195(b)(1), a 

flight instructor who does not hold the 

appropriate airplane multiengine rating 

on his/her flight instructor certificate 

and the appropriate airplane category 

multiengine class rating on his/her pilot 

certificate may not conduct instrument 

training in a multiengine airplane 

unless that flight instructor holds the 

appropriate airplane category 

multiengine class rating on his/her pilot 

certificate and flight instructor 

certificate. A flight instructor who only 

holds a flight instructor certificate with 

an Instrument-Airplane rating and no 

airplane category multiengine class 

rating on his/her pilot certificate may 

not conduct instrument training in a 

multiengine airplane. The commenter’s 

understanding is wrong. 

74. This revision of § 61.195(d)(3) 

deletes the endorsement requirement on 

a student pilot certificate for solo flight 

into Class B airspace 

This final rule deletes the requirement 

under § 61.195(d)(3) that a flight 

instructor must endorse a student pilot’s 

certificate to authorize a solo flight in a 

Class B airspace area or at an airport 

within Class B airspace. Under 

§ 61.95(a)(2) and (b)(2), a student pilot is 

required only to have his or her logbook 

endorsed when seeking authorization to 

perform solo flight in Class B airspace 

or at an airport within Class B airspace. 

This change will make the flight 

instructor endorsement requirement 

parallel the student pilot endorsement 

requirements of existing § 61.95(a)(2) 

and (b)(2). 

75. This revision of § 61.195(k) 

establishes flight instructor night vision 

goggle qualification requirements for a 

flight instructor 

This final rule amends § 61.195(k) to 

establish qualification requirements for 

a flight instructor to give PIC 

qualification and recent training for 

NVG operations. This final rule requires 

that an instructor who gives PIC 

qualification and NVG operations 

training must meet the eligibility 

requirements set forth in § 61.195. 

American Eurocopter and HAI noted 

civilian NVG operations differ greatly 

from military NVG operations and 

recommended the FAA account for this 

when prescribing NVG operations and 

certification requirements. American 

Eurocopter and HAI further 

recommended reducing the flight 

instructor experience qualifications for 

giving NVG PIC qualification and 

currency training from 100 operations to 

60 operations and requiring that 

instructors have NVG experience within 

the preceding five years (using ANVIS 6 

GEN III or above equipment). They 

recommended such experience be in the 

category, class, and, if applicable, type 

of aircraft in question. AOPA supported 

the general concept of defining and 

addressing night vision goggle 

operations, while deferring to NVG 

users regarding specific details of the 

proposed provisions. 

The specific missions of military 

pilots using NVGs may be different than 

civilian pilots, but there is no difference 

in prescribing training, qualifications, 

and recurrency for using NVGs. We 

disagree that we should take in account 

the requirements for NVG operations 

and certification between civilian pilots 

and flight instructors using NVGs versus 

military pilots and instructor pilots. In 

establishing these training, 

qualifications, and recurrency 

requirements for using NVGs, we 

consulted with our civilian 

stakeholders. For these reasons, the 

FAA is adopting the revision as 

proposed in the NPRM. 

76. This revision of § 61.215(b) allows 

only a ground instructor with an 

instrument rating to give ground 

training for the issuance of an 

instrument rating and instrument 

proficiency check and for a 

recommendation for the knowledge test 

required for an instrument rating 

This final rule revises § 61.215(b) to 

provide that only a certified ground 

instructor with an instrument rating 

may give ground training for the 

issuance of an instrument rating and 

instrument proficiency check and for a 

recommendation for the knowledge test 

required for an instrument rating. Under 

the old § 61.215(b), the rule erroneously 

permitted a ground instructor who held 

only an advanced ground instructor 

(AGI) certificate to give instrument 

training. The aeronautical knowledge 

subject areas for the AGI certificate do 

not cover instrument subjects on the 

knowledge test. Only the aeronautical 

knowledge subject areas for the 

instrument ground instructor (IGI) 

certificate cover instrument subjects. 

Authorizing instrument privileges to a 

holder of only an AGI certificate is not 

appropriate. 

Seven commenters supported the 

proposed requirement that an AGI have 

an instrument rating to give ground 


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instruction toward an instrument rating 

or check ride. As the purpose for the 

rule change is correcting a mistake in 

the former rule and no substantive 

change is being made to the rule we are 

adopting the rule as proposed in the 

NPRM. 

77. This revision of § 61.217(a) clarifies 

the recent experience requirements for 

ground instructors 

This final rule revises § 61.217(a) to 

clarify the recent experience 

requirements for ground instructors, 

particularly the meaning of the phrase 

‘‘served for at least three months as a 

ground instructor.’’ This revision will 

delete this phrase and establish more 

general criteria for recent experience 

requirements. The intent is to recognize 

a person’s employment or activity as a 

ground instructor without that person 

being expected to maintain some kind of 

a time sheet or log to show that he or 

she ‘‘served for at least three months as 

a ground instructor.’’ 

One commenter asserted the proposed 

currency requirements are unfair to 

ground instructors not teaching at a 

college, university or part 141 school. 

The commenter suggested ground 

instructors be permitted to maintain 

currency by undergoing the ground 

portion of a flight instructor refresher 

course (FIRC) within the previous year. 

Another commenter recommended any 

ground instructor who has added a 

rating to their ground instructor 

certificate within the previous twelve 

months be deemed current. One 

commenter supported the proposed 

clarifications, but suggested the 

currency period be twenty-four months, 

rather than twelve months, to coincide 

with the duration of flight instructor 

privileges. Two commenters agreed that 

clarification of ground instructor 

currency requirements is needed, but 

these commenters asserted the proposed 

provisions leave unanswered what 

amount of time employed, or actively 

instructing, within the previous twelve 

months is necessary. In response, they 

recommended requiring a minimum of 

thirty-five or forty hours of ground 

instruction in the previous twelve 

calendar months. The Greater St. Louis 

Flight Instructor Association proposed 

ground instructors be required to 

complete a FIRC to renew their 

privileges every two years. This will 

give ground instructors the same 

training that flight instructors receive 

from attending a FIRC. 

We believe the changes made to the 

currency requirements for ground 

instructors are all-encompassing and 

allow ground instructors to maintain 

their currency. The currency 

requirements are not just for ground 

instructors who teach at a college, 

university, or a part 141 pilot school. 

Under § 61.217, a ground instructor may 

maintain currency by showing 

compliance with any of the four 

methods shown in the rule. 

In regard to the question about what 

amount of time employed, or actively 

instructing, within the previous twelve 

months is necessary, we have not 

established any specific amount of time 

of employment or activity as a ground 

instructor giving pilot, flight instructor, 

or ground instructor training. Rather the 

time must be reasonable and 

documented. For example, a ground 

instructor can show some kind of 

documentation or evidence that he/she 

taught a ground school lesson at a FIRC 

and be able to show the starting and 

ending teaching dates during the 

preceding twelve calendar months. 

As for the recommendation requiring 

a minimum of thirty-five hours to forty 

hours of ground instruction in the 

preceding twelve calendar months, that 

recommendation is outside the scope of 

this rulemaking project. We did not 

propose such a change in the NPRM and 

we cannot adopt the recommendation in 

this final rule. 

Likewise, the comment from the 

Greater St. Louis Flight Instructor 

Association requiring ground instructors 

attend a FIRC every two years is also 

outside the scope of this rulemaking 

project. For the above reasons, we are 

adopting the changes as proposed in the 

NPRM. 

78. This revision of § 91.205(h) 

establishes the night vision goggle 

instrument and equipment requirements 

for night vision goggle operations 

This final rule adds a new paragraph 

(h) in § 91.205 that establishes the 

required NVG instruments and 

equipment for NVG operations. This 

new paragraph (h) is similar to how the 

FAA requires certain instruments and 

equipment for VFR (day), VFR (night), 

and IFR operations under existing 

§ 91.205. This new paragraph (h) 

establishes the instruments and 

equipment required to be installed in 

the aircraft that are required to be 

functioning in a normal manner, and 

that must be approved for use by the 

FAA. 

One commenter noted most NVG 

approved cockpit lighting supplemental 

type certificates (STC) require 

installation of a radar altimeter and 

recommended requiring the use of a 

radar altimeter only in an environment 

where such use would enhance safety of 

flight, such as extended over water 

operations or low contrast areas such as 

desert or snow. AOPA supported the 

general concept of defining and 

addressing NVG operations, while 

deferring to NVG users regarding 

specific operational details. 

In response to the recommendation 

about providing an exception from the 

aircraft’s STC that requires installation 

of a radar altimeter, we have reviewed 

our STC approval process for required 

NVG equipment and our policy 

established in FAA Order 8900.1, 

Volume 4, Chapter 7, Section 4, 

paragraph 4–1128 B. 3. We agree that we 

should have required a radar altimeter 

in the listing of equipment required for 

NVG operations. Therefore, we have 

further revised § 91.205(h) by including 

a radar altimeter in the listing of 

required equipment for aircraft used in 

NVG operations. We do not consider 

this addition as a change from our 

proposal in the NPRM, because a radar 

altimeter is a required item of 

equipment in order to receive STC 

approval of an aircraft for NVG 

operations. 

79. This revision of § 141.5 clarifies that 

the number of ‘‘counters’’ for a pilot 

school or provisional pilot school to 

qualify for the 80 percent or higher pass 

rate must be 10 different people 

This final rule revises § 141.5 

clarifying the definition of ‘‘a quality of 

training pass rate of at least 80 percent.’’ 

The purpose of this change is to 

establish that the number of ‘‘counters’’ 

for meeting the required 80 percent or 

higher school pass rate of requiring 10 

different graduates, meaning 10 

different people. A graduate can only be 

counted once in computing the 80 

percent pass rate on the first attempt. 

American Flyers asserted a minimum 

80% pass rate seems high, especially 

when a 90% pass rate raises suspicions 

of a conflict of interest. American Flyers 

suggested a 70% pass rate would be 

more realistic and consistent with other 

acceptable performance standards. Six 

commenters opposed the proposed 

requirement that the pass rate used to 

certify part 141 schools use data from 10 

different individuals, claiming the 

requirement discriminates against 

smaller schools, and stated the same 

student completing different courses 

provides just as effective an evaluation 

as different people completing the 

courses. Three commenters raised 

concerns regarding the adequacy of 

training that can be met by requiring the 

10 tests used to determine pass rate be 

practical tests. These commenters stated 

this requirement would introduce an 

element of independence to the testing. 

One commenter requested 

clarification on what course graduations 


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are used to determine a school’s pass 

rate, understanding that the total of all 

courses taken by all students is used to 

calculate the pass rate. 

The wording of the old § 141.5 raised 

interpretation questions about how 

many graduates had to graduate for a 

school to meet the 80 percent or higher 

pass rate. Some posed scenarios where 

one person could be counted as all 10 

graduates. The FAA disagreed and has 

amended § 141.5 to clarify that the 10 

graduates must be 10 different people. 

The FAA believes that requiring the 

pass rate to be calculated from 10 

different graduates is a better measure of 

the school’s quality of training and 

provides a more realistic view of the 

school’s pass rate. 

In response to the commenter’s 

request for clarification on what course 

graduations are used to determine a 

pilot school’s pass rate, all approved 

courses may be considered. For 

example, a part 141 pilot school has 

courses approved for: Private Pilot 

Course for the Airplane Single Engine 

Land; Instrument Rating Course for the 

Airplane Single Engine Land; 

Commercial Pilot Course for the 

Airplane Single Engine; Commercial 

Pilot Course for the Airplane 

Multiengine; Flight Instructor Course for 

the Airplane Single Engine; Flight 

Instructor Course for the Airplane 

Multiengine; and Flight Instructor 

Instrument Course for the Airplane 

Single Engine. The 10 students can 

come from any of those 7 approved 

courses or just from one of the approved 

courses. However, as required 

§ 141.5(e), the part 141 pilot school 

must have graduated at least 10 different 

students. 

The requirement in § 141.5(d) that ‘‘at 

least 80 percent of those persons passed 

their tests on the first attempt’’ is not a 

change from the existing rule. The 

purpose of this change is clarifying the 

intent of the rule. Therefore, the FAA is 

adopting the revision as proposed in the 

NPRM. 

80. This revision of § 141.9 clarifies the 

intent and meaning of examining 

authority 

The FAA has found it necessary to 

revise the language under § 141.9 

because some have misunderstood the 

rule and believe that when the FAA 

issues examining authority to a pilot 

school, it also authorizes examining 

authority for all the training courses of 

that school. This is not true. 

One commenter recommended 

eliminating the granting of examining 

authority to flight schools because of the 

amount of trouble it has caused. 

The FAA provides examining 

authority on a course-by-course basis. 

This means that if the pilot school 

makes specific application for a course, 

the FAA will issue examining authority 

as long as it meets the qualification 

requirements of § 141.63 for that 

specific course of training. Furthermore, 

the FAA only issues examining 

authority to a pilot school that meets the 

requirements of subpart D of part 141, 

as opposed to a provisional pilot school. 

Under § 141.63, a provisional pilot 

school is not qualified to receive 

examining authority. 

81. This revision of § 141.33(d)(2) 

reduces the number of student 

enrollments to qualify for a check 

instructor position 

This final rule revises § 141.33(d)(2) 

to reduce the number of student 

enrollments from 50 students to 10 

students in a part 141 pilot school to 

qualify for check instructor positions. 

This revision demonstrates we are 

responding positively to 

recommendations from the pilot school 

industry to authorize the use of check 

instructors in some of the smaller pilot 

schools. 

Three commenters argued there 

should be no minimum number of 

students for a flight school to be eligible 

to use check instructors, and 

recommended each requested case-bycase evaluation be made by the school’s 

jurisdictional Flight Standards District 

Office (FSDO). 

The FAA initially established the 

figure of 50 student enrollments when it 

promulgated § 141.33(d)(2) to provide 

for those flight schools that train large 

numbers of students. (See 62 FR 16350; 

April 4, 1997.) The position of check 

instructor was established because the 

FAA understands it is nearly impossible 

to expect chief instructors and assistant 

chief instructors to perform all the 

required stage checks, end-of-course 

tests, and instructor proficiency checks 

in large pilot schools. However, since 

the adoption of § 141.33(d)(2), a number 

of moderate-sized flight schools have 

informed the FAA that they have 

sufficient student activity to justify 

check instructors. For example, one 

chief instructor commented that his/her 

school has 15 student enrollments and 

each student requires six stage checks 

and one end-of-course test. Thus, he/she 

is required to perform 105 tests on his 

school’s 15 student enrollments. 

Another chief instructor commented 

that he has 15 stage and end-of-course 

tests per student in his part 141 

approved course. This computes to a 

total of 300 tests he/she must perform. 

The FAA has made it clear that it does 

not expect the chief and assistant chief 

instructors to delegate all their duties 

and responsibilities to the check 

instructors (See 62 FR 16350; April 4, 

1997). The FAA encourages and expects 

chief and assistant chief instructors to 

continue to have direct experience 

monitoring the quality of instruction 

and student performance in their 

schools. The FAA expects the school’s 

chief and assistant chief instructors to 

continue checking their instructors’ 

quality of training and their students’ 

performance. However, the FAA also 

recognizes that this can be done by 

sampling instructor proficiency and 

student performance. The FAA does not 

believe it is necessary to establish a 

regulatory requirement on the numbers 

of stage checks, end-of-course tests, and 

instructor proficiency checks that each 

chief instructor or assistant chief 

instructor must perform. That decision 

may be left to the school’s management. 

When the FAA initially considered 

this change to the eligibility 

requirements for qualifying for a check 

instructor position, we consulted with 

several pilot schools and the National 

Air Transport Association. This final 

rule has reduced the number of student 

enrollments to qualify for the creation of 

a check instructor position to ten 

students. A minimum of 10 student 

enrollments will allow for check 

instructor positions to be designated for 

the medium-sized and the smaller pilot 

schools. Even though check instructors 

will probably conduct most of the phase 

and final checks, this does not alleviate 

chief and assistant chief instructors 

from performing their duties and 

responsibilities to ‘‘spot check’’ a 

sampling of their students during the 

phase and final checks. The reason for 

reducing the eligibility requirements for 

qualifying for a check instructor 

position from 50 students down to 10 

students was that we wanted to be fair 

and reasonable with the smaller pilot 

schools. In adopting this change to 

§ 141.33(d)(3), we consider this number 

to be fair and reasonable. 

82. This revision of § 141.39(b) provides 

for the use of foreign registered aircraft 

to be used by part 141 training facilities 

that are located outside of the United 

States 

This final rule revises § 141.39(b) to 

allow the use of foreign registered 

aircraft for part 141 training facilities 

that are located outside of the U.S. and 

conduct training outside of the U.S. 

Under Amendment No. 141–11 (63 FR 

53532; October 5, 1998), the FAA 

allowed part 141 schools to establish 

training facilities outside the United 


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States. Pilot schools either transport 

U.S. registered aircraft to those foreign 

countries or are allowed to use foreignregistered aircraft in their part 141 pilot 

schools. Section 141.39 has been revised 

to accommodate those part 141 schools 

who want to establish training facilities 

outside the United States. 

Under the old § 141.39, the rule was 

worded in such a way that only allowed 

a pilot school’s maintenance and 

inspection standards to be maintained 

under part 91, subpart E. In this revised 

§ 141.39, the rule allows for the use of 

foreign-registered aircraft and foreign 

maintenance and inspection standards 

established by a foreign aviation 

authority in pilot schools located 

outside of the United States when the 

training is conducted outside the United 

States. 

83. This revision deletes § 141.53(c)(1) 

because the requirement is no longer 

needed 

This final rule deletes the provision 

under § 141.53(c)(1) that a training 

course submitted for approval prior to 

August 4, 1997, if approved, retains 

approval until 1 year after August 4, 

1997. The requirement is no longer 

needed because all courses under part 

141 had to receive their re-approval as 

of August 4, 1998. The provision is now 

obsolete. 

84. This revision of § 141.55(e)(2)(ii) 

clarifies the requirement for approval of 

a training course 

For clarification purposes, this final 

rule has changed the phrase ‘‘the 

practical or knowledge test, or any 

combination thereof’’ under 

§ 141.55(e)(2)(ii) to read ‘‘the practical 

or knowledge test, as appropriate.’’ 

When a pilot school requests final 

approval for a knowledge training 

course, at least 80 percent of their 

students must have passed the 

knowledge test on the first attempt 

(knowledge test means ‘‘a test on the 

aeronautical knowledge areas required 

for an airman certificate or rating that 

can be administered in written form or 

by a computer’’). When a pilot school 

requests final approval for a flight 

training course, at least 80 percent of 

their students must have passed the 

practical test on the first attempt 

(practical test means ‘‘a test on the areas 

of operations for an airman certificate, 

rating, or authorization that is 

conducted by having the applicant 

respond to questions and demonstrate 

maneuvers in flight, in a flight 

simulator, or in a flight training 

device’’). The current language is 

confusing and the testing requirements 

have been misapplied. 

85. This revision of § 141.77(c) clarifies 

the requirements for crediting previous 

training when transferring to a part 141 

pilot school 

This final rule clarifies § 141.77(c) 

relating to crediting previous training 

based on a proficiency test or a 

knowledge test. Under the old 

§ 141.77(c), the regulation provided that 

for students who transfer to a part 141 

pilot school, credit for previous training 

must be based on ‘‘a proficiency test or 

knowledge test, or both.’’ This language 

has generated questions about whether 

it is possible to credit previous flight 

training strictly on the basis of 

knowledge test results. The answer is 

no. The FAA never intended to allow a 

transfer student to be awarded flight 

training credit purely on the basis of 

completing a knowledge test. Nor did 

the FAA intend to allow a transfer 

student to be awarded ground training 

credit on the basis of completing a 

proficiency test. 

A student who transfers to a part 141 

pilot school and requests credit for 

previous flight training must complete a 

proficiency test that is given by the 

receiving pilot school’s chief instructor 

or delegated check instructor. A student 

who transfers to a part 141 pilot school 

and requests credit for previous ground 

training must complete a knowledge test 

that is given by the receiving pilot 

school’s chief instructor or delegated 

check instructor. 

86. This revision of § 141.85(a)(1) and 

(d) further clarifies what tasks a chief 

instructor may delegate 

This final rule revises § 141.85(a)(1) 

and (d) to clarify that the chief 

instructor may delegate the tasks of 

certification of a student’s training 

record, graduation certificate, stage 

check, end-of-course test report, and 

recommendation for course completion 

to an assistant chief instructor or 

recommending instructor. The reason 

for this revision is to allow pilot schools 

to make better use of chief instructors’ 

time and management responsibilities. 

87. This revision of part 141, appendix 

B, paragraph 2 amends the eligibility 

requirement for enrollment in the flight 

portion of a private pilot certification 

course 

This final rule revises part 141, 

appendix B, paragraph 2 to require a 

student to hold at least a recreational or 

student pilot certificate before enrolling 

in the flight portion of the private pilot 

certification course. This means that a 

student must complete his or her 

medical licensing before beginning 

flight training. Many pilot schools have 

voiced support for re-wording the rule 

to: (1) Affect their ability to credit 

orientation flights towards overall 

training requirements of its students (it 

is common practice when a person 

inquires about flight training to provide 

that person a local orientation flight); 

and (2) extend the time for a flight 

physical for students attending a pilot 

school in a remote area (since it may 

take a week or two to get an 

appointment). 

Three commenters recommended 

that, in addition to student and 

recreational pilot certificates, students 

holding a sport pilot certificate should 

be permitted to enter into the solo phase 

of the program. 

The FAA considered these 

recommendations in drafting this 

change to part 141, appendix B, 

paragraph 2, to require a person to hold 

a recreational, sport, or student pilot 

certificate in order to begin the solo 

phase of the private pilot certification 

course. This revision to part 141, 

appendix B, paragraph 2, which states, 

in pertinent part, ‘‘prior to enrollment in 

the solo flight phase of the private pilot 

certification course.’’ Prior to 

commencing the solo flight phase of his/ 

her training, a student pilot would not 

be required to hold any kind of pilot 

certificate (e.g., recreational, sport, or 

student pilot certificate) when receiving 

flight training with a flight instructor 

aboard. Therefore, student pilots will be 

required to hold a recreational, sport, or 

student pilot certificate only when they 

begin the solo phase of their training 

course. 

The FAA agrees with the commenters’ 

recommendation and has further revised 

part 141, appendix B, paragraph 2 to 

include the sport pilot certificate. 

88. This revision of part 141, appendix 

B, 4(b)(1)(iii), 4(b)(2)(iii), and 4(b)(5)(iii) 

conforms the instrument training in the 

other private pilot courses to instrument 

training for private pilot certification for 

the airplane and powered-lift ratings 

This final rule revises part 141, 

appendix B, 4(b)(1)(iii), 4(b)(2)(iii), and 

4(b)(5)(iii) of the private pilot 

certification courses for the airplane 

single-engine, airplane multiengine, and 

powered-lift ratings, to mirror the 

requirements for private pilot 

certification for the single engine 

airplane, multiengine airplane, or 

powered-lift ratings under existing 

§ 61.109. 

Two commenters opposed the 

proposed requirement of 3 hours of 

instrument instruction in an aircraft 

asserting flight simulators, flight 

training devices, and aviation training 

devices offer equal, if not superior value 


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42540 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

in providing instrument training. These 

commenters add this is especially true 

in the structured, standardized 

environment of a part 141 program. One 

commenter recommended permitting 

the use of such devices for all 

instrument training toward a private 

pilot certificate. One commenter 

recommended permitting the use of 

such devices for up to half of the 

required instrument training. One 

commenter recommended instructors 

providing instrument instruction in 

connection with private pilot 

certification be required to hold 

instrument ratings on their instructor 

certificates. The essence of our change 

is to further clarify the intent of the rule 

and no substantive changes have been 

made. Therefore, we are adopting the 

revision as proposed in the NPRM. 

89. This revision of part 141, appendix 

B, paragraph 5(a)(1) conforms the solo 

cross country mileage requirement in a 

private pilot-airplane single engine 

rating course to the definition of ‘‘cross 

country’’ 

This final rule revises the solo cross 

country distance requirement in part 

141, appendix B, paragraph 5(a)(1) for 

the private pilot certification-airplane 

single engine rating course from 

requiring a flight of ‘‘at least 50 nautical 

miles’’ to ‘‘more than 50 nautical 

miles.’’ This revision is to conform the 

distance requirement under this 

provision to the definition of ‘‘cross 

country’’ under § 61.1(b)(3)(ii). 

Five commenters objected to the 

change. One commenter asserted no 

compelling safety or other concerns 

exist to mandate the change. Two 

commenters recommended that rather 

than changing § 61.109(a)(5)(ii), 

(b)(5)(ii), and (e)(5)(ii), the FAA change 

§ 61.1(b)(3)(ii) to read ‘‘at least’’ for 

continuity purposes.’’ One commenter 

recommended that, if the definition of 

cross country flight is to be changed to 

a format of ‘‘more than’’ a number of 

miles, then mileages should be reduced 

by one mile (that is, change the 

definition from at least fifty miles to 

more than forty-nine miles). 

We have previously responded to 

these kinds of comments in the 

preamble section of this rulemaking 

document where we discussed this 

same change to § 61.109(a). The FAA is 

adopting the revision as proposed in the 

NPRM. 

90. This revision of part 141, appendix 

B, paragraph 5(b)(1) conforms the solo 

cross country mileage requirement in an 

approved private pilot-airplane 

multiengine rating course to the 

definition of ‘‘cross country’’ 

This final rule revises the solo cross 

country distance requirement in part 

141, appendix B, paragraph 5(b)(1) for 

the private pilot certification-airplane 

multiengine rating course from 

requiring a flight of ‘‘at least 50 nautical 

miles’’ to ‘‘more than 50 nautical 

miles.’’ The purpose of this revision is 

to conform the distance requirement 

under this provision to the definition of 

‘‘cross country’’ under § 61.1(b)(3)(ii). 

Four commenters objected to the 

change. Two commenters recommended 

that rather than changing 

§ 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), 

the FAA change § 61.1(b)(3)(ii) to read 

‘‘at least’’ for continuity purposes. One 

commenter recommended that, if the 

definition of cross country flight is to be 

changed to a format of ‘‘more than’’ a 

number of miles, then mileages should 

be reduced by one mile (that is, change 

the definition from at least fifty miles to 

more than forty-nine miles). 

We have previously responded to 

these kinds of comments in the 

preamble section of this rulemaking 

document where we discussed this 

same change to § 61.109(b). The FAA is 

adopting the revision as proposed in the 

NPRM. 

91. This revision of part 141, appendix 

B, paragraph 5(c)(1) conforms the solo 

cross country mileage requirement in an 

approved private pilot-helicopter rating 

course to ICAO requirements and the 

definition of ‘‘cross country’’ 

This final rule revises part 141, 

appendix B, paragraph 5(c)(1), changing 

the solo cross country distance 

requirement for the private pilot 

certification-helicopter rating course 

from ‘‘at least 75 nautical miles total 

distance’’ to ‘‘at least 100 nautical miles 

total distance.’’ The revision conforms 

to the ICAO requirements for the cross 

country distance, as set forth in ICAO 

Annex I, paragraph 2.7.1.3.2, which 

states that the total distance for a cross 

country flight be at least 100 nautical 

miles. This final rule also revises the 

solo cross country flight requirement in 

part 141, appendix B, paragraph 5(c)(1) 

for the private pilot certificationhelicopter rating course from ‘‘at least 

25 nautical miles’’ to ‘‘more than 25 

nautical miles.’’ The purpose of this 

revision is also to conform to the 

distance requirement in § 61.1(b)(3)(v). 

Four commenters objected to the 

change. We previously responded to 

similar comments in the preamble 

section of this rulemaking document 

where we discussed this same change to 

§ 61.109(c). The FAA is adopting the 

revision as it was proposed in the 

NPRM. 

92. This revision of part 141, appendix 

B, paragraph 5(d)(1) conforms the solo 

cross country mileage requirement in an 

approved private pilot-gyroplane rating 

course to the definition of ‘‘cross 

country’’ 

This final rule revises part 141, 

appendix B, paragraph 5(d)(1), changing 

the solo cross country distance 

requirement for the private pilot 

certification-gyroplane rating course 

from ‘‘at least 75 nautical miles total 

distance’’ to ‘‘at least 100 nautical miles 

total distance.’’ The purpose of this 

revision is to conform to the ICAO 

requirements for cross country distance, 

as set forth in ICAO Annex I, paragraph 

2.7.1.3.2, which states that the total 

distance for a cross country flight be at 

least 100 nautical miles. This final rule 

revises the solo cross country flight 

requirement in paragraph 5(d)(1) of 

appendix B to part 141 for the private 

pilot certification-gyroplane rating 

course from ‘‘at least 25 nautical miles’’ 

to ‘‘more than 25 nautical miles.’’ The 

purpose of this revision is also to 

conform the distance requirement 

definition of ‘‘cross country’’ under 

§ 61.1(b)(3)(v). 

Three commenters objected to the 

change. We have previously responded 

to similar comments in the preamble 

section of the same change to 

§ 61.109(d). The FAA is adopting the 

revision as proposed in the NPRM. 

93. This revision of part 141, appendix 

B, paragraph 5(e)(1) conforms the solo 

cross country mileage requirement in an 

approved private pilot-powered-lift 

rating course to the definition of ‘‘cross 

country’’ 

This final rule revises the solo cross 

country distance requirement in part 

141, appendix B, paragraph 5(e)(1) for 

the private pilot certification-poweredlift rating course from ‘‘at least 50 

nautical miles’’ to ‘‘more than 50 

nautical miles.’’ The purpose of this 

revision is to conform the distance 

requirement under this provision to 

definition of ‘‘cross country’’ under 

§ 61.1(b)(3)(ii). 

Two commenters supported the 

change in the definition of cross country 

flight from ‘‘at least 50 nautical miles’’ 

to ‘‘more than 50 nautical miles’’. We 

have previously responded to similar 

comments in discussion of changes to 

§ 61.109(e). The FAA is adopting the 

revision as proposed in the NPRM. 


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94. This revision of part 141, appendix 

C, paragraph 4(b)(5) and (6) allows 

instrument training to be performed in 

an aviation training device (ATD) 

This final rule revises part 141, 

appendix C, paragraph 4(b) by adding a 

paragraph (5). This change will allow 10 

percent of the instrument training for 

the instrument rating course to be 

performed in an ATD. Under this 

revision, the instrument training that 

will be performed in an aviation 

training device will be given by the 

holder of a ground instructor certificate 

with an instrument rating or by a holder 

of a flight instructor certificate with an 

instrument rating appropriate to the 

instrument rating sought. The 

instrument training given in an aviation 

training device will contribute to the 

maximum 50 percent of the instrument 

training permitted to be performed in a 

flight simulator or a flight training 

device in accordance with existing part 

141, appendix C, paragraph 4(c). For an 

ATD to be used for instrument training 

under paragraph 4(d), it will have to be 

approved by the FAA. The instrument 

training in an ATD will have to be 

provided by an authorized instructor. 

For a person to receive the maximum 10 

percent credit in an ATD, the person 

could not have logged more than 40 

percent of the required instrument 

training course hours in a flight 

simulator or flight training device. A 

view-limiting device (e.g., a hood device 

or fogged glasses) will have to be worn 

by the applicant when logging 

instrument training in the aviation 

training device. 

ALPA questioned the value of 

personal computer aviation training 

devices (PCATDs, also called ATDs) in 

developing the full skill set necessary 

for instrument competency. American 

Eurocopter and HAI recommended 

requirements for use of PCATDs include 

a requirement that they be used in areas 

free of audible distraction, or that 

headsets be used. 

Four commenters opposed the 

provision limiting the use of PCATDs to 

10% of the required instrument training. 

One commenter noted use of PCATDs 

can improve the quality of instrument 

training. One commenter stated the 

value of use of PCATDs is enhanced 

when they are used in a structured part 

141 training program. Four commenters 

stated that, under part 61, PCATDs may 

be used for up to 10 hours of training 

toward an instrument rating, which 

equates to 25% of the minimum of 40 

hours of training required under part 61. 

The University of Oklahoma Aviation 

Department noted that a 10% limitation 

is inconsistent with language in the 

preamble limiting use of PCATDs to 

50% of the training in a flight simulator 

or flight training device. The university 

recommended the FAA refer to 

percentages of instrument training hour 

requirements, as opposed to total flight 

hour training requirements. This 

commenter stated the reason for this is 

because the entirety of flight training 

hours in an instrument rating course 

may not be instrument training hours. 

We are not permitting aviation 

training devices to be used entirely for 

the required training; only 10 percent of 

the total hours of instrument training in 

an instrument rating course may be 

performed in an aviation training 

device. We believe the use of ATD in 

performing at least 10 percent of the 

total hours of instrument training in an 

instrument rating course has been 

proven to show positive results and has 

been beneficial in teaching instrument 

procedures. However, to consider 

further expansion of the use of the 

aviation training devices, we do not 

have sufficient data at this time to make 

this change. We believe that performing 

the training in an area free of audible 

distractions makes for a good and 

professional training environment and a 

rule dictating this fact is not required. 

Previously, we have only allowed 

ATDs to be used for a maximum of 10 

hours in instrument training. We do 

allow a maximum combined usage 

between flight simulators and flight 

training devices, and now aviation 

training devices, to be used for a 

maximum combined usage of 50 percent 

of the required training time in an 

instrument rating course. 

In part 141, appendix C, paragraph 

4(b)(4), the combined maximum usage 

of flight simulators and flight training 

devices, and now ATDs, is 50 percent 

toward the total hours of instrument 

training course. For example, if an 

instrument training course requires 

thirty hours of training, only a total of 

fifteen hours may be performed in a 

combined usage of a flight simulator, 

flight training device, and aviation 

training device. A flight simulator may 

only be used for a maximum of fifteen 

hours (50 percent is the maximum usage 

for a flight simulator). A flight training 

device may only be used for a maximum 

of twelve hours (40 percent is the 

maximum usage for a flight training 

device). An aviation training device may 

only be used for a maximum of three 

hours (10 percent is the maximum usage 

for an aviation training device). In 

counting the hours of maximum 

allowed usage, a flight simulator, flight 

training device, and aviation training 

device (15 hours + 12 hours + 3 hours) 

equates to thirty hours. However, the 

combined usage of the flight simulator, 

flight training device, and aviation 

training device is limited to 50 percent 

of the total training hours, so only 

fifteen hours of the training may be 

performed in a flight simulator, flight 

training device, and aviation training 

device. If the training course is 

authorized to perform three hours in an 

aviation training device, then the 

remaining twelve hours may be 

performed in either a flight simulator or 

flight training device or a combination 

of both. 

The FAA is adopting the revision as 

proposed in the NPRM. 

95. This revision of part 141, appendix 

D, paragraph 5 allows the solo training 

requirements for the approved 

commercial pilot certification courses to 

be performed solo or with an instructor 

on board 

This final rule revises part 141, 

appendix D, paragraph 5 for a 

commercial pilot certification course to 

be performed either solo or with a flight 

instructor on board. The purpose of this 

revision is to conform part 141, 

appendix D, paragraph 5 with revised 

§§ 61.129(a)(4), (c)(4), (d)(4), and (e)(4) 

for the single engine airplane, 

helicopter, gyroplane, and powered-lift 

ratings at the commercial pilot 

certification level. 

Five commenters opposed the 

provision. Two commenters asserted 

solo flight contributes to the 

development of essential self-reliance, 

decisionmaking, and command skills. 

Three commenters stated that under the 

proposed rules, a pilot could progress to 

advanced certification with only ten 

hours of solo flight early in training. 

Two commenters asserted no safety of 

flight data supports the proposed 

provision. One commenter 

recommended a solo flight requirement 

be retained, but that pilots be permitted 

to obtain solo flight experience toward 

a multiengine airplane rating in a single 

engine airplane to avoid potential 

conflicts with insurance restrictions. 

We have previously responded to 

these kinds of comments in the 

preamble section of this rulemaking 

document where we discussed this 

same change to § 61.129(a)(4), (c)(4), 

(d)(4), (e)(4), and (g)(2). 

One commenter stated insurance 

concerns should not restrict solo flight 

by commercial pilot candidates. This 

commenter stated most commercial 

pilot training is performed in single 

engine fixed gear airplanes and some 

low performance single engine 

retractable gear airplanes, which are not 

difficult to insure. Another commenter 

asserted that insurance policy 


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restrictions on the use of multiengine 

airplanes may present difficulties for 

private pilot applicants from flying solo. 

The Greater St. Louis Flight Instructor 

Association rejected the argument that 

flights with an instructor on board foster 

cockpit resource management (CRM) 

skills, noting that the purpose of part 61 

training is to prepare pilots to fly to 

single-pilot standards, not to prepare 

them for a future airline career. The 

association also argued the proposed 

provision subverts the intent of § 91.3 

which defines the PIC as directly 

responsible for, and the final authority 

on, the operation of the aircraft. Finally, 

the association asserted students 

ostensibly acting as PIC will defer to 

flight instructors and examiners. 

The FAA acknowledges the comments 

received about this proposal. We have 

previously responded to these kinds of 

comments in the preamble section of 

this rulemaking document where we 

discussed this same change to 

§ 61.129(a)(4), (c)(4), (d)(4), (e)(4), and 

(g)(2). 

96. This revision of part 141, appendix 

D, paragraph 4 allows the cross country 

training flights for the approved 

commercial pilot certification courses to 

be performed under VFR or IFR 

This final rule revises part 141, 

appendix D, paragraph 4 to allow cross 

country training flights in the 

commercial pilot certification courses to 

be performed under VFR or IFR. This 

revision responds positively to 

recommended changes to part 141 from 

some pilot schools. 

From the time that the cross country 

training requirements under part 141, 

appendix D, paragraph 4 were 

promulgated, the FAA has received 

recommendations from several pilot 

schools and companies that prepare 

training courses to amend the 

requirements to allow cross country 

flights to be performed under IFR. The 

basis for their recommendation is that 

most commercial pilot training 

applicants for airplane ratings and some 

for helicopter ratings are concurrently 

enrolled in an instrument rating course. 

The FAA agrees that it makes sense to 

allow these cross country training 

requirements to be performed under IFR 

or VFR. This final rule revises the 

requirements for the daytime cross 

country training flight (See paragraphs 

(b)(1)(iii), (b)(2)(iii), (b)(3)(ii), (b)(4)(ii), 

(b)(5)(ii), (b)(7)(ii)) to read ‘‘One cross 

country flight during daytime 

conditions.’’ This change will permit 

the daytime cross country training flight 

to be performed under IFR or VFR. 

Two commenters opposed the 

proposed provision. The commenters 

stated the visual navigation skills 

required for VFR cross country flight 

should not be deemphasized. One 

commenter stated commercial pilothelicopter candidates should be 

required to perform cross country flights 

under VFR because helicopters typically 

operate under VFR. 

This final rule provides that the 

nighttime cross country training flight 

requirements (See paragraphs (b)(1)(iv), 

(b)(2)(iv), (b)(3)(iii), (b)(5)(iii), and 

(b)(7)(iii)) in the commercial pilot 

certification courses to read ‘‘One cross 

country flight during nighttime 

conditions.’’ This revision will permit 

the nighttime cross country training 

flight to be performed under IFR or 

under VFR. 

We have previously responded to 

these kinds of comments in the 

preamble section of this rulemaking 

document where we discussed this 

same change to § 61.129(a)(3)(iii) and 

(iv), (b)(3)(iii) and (iv), (c)(3)(iii) and 

(iv), (d)(2)(ii), (e)(3)(ii) and (iii), and 

(g)(3)(ii) and (iii). The FAA is adopting 

the revision as it was proposed in the 

NPRM. 

Flights in helicopters are mostly 

flown VFR; however, some helicopters 

now have modern instruments and 

navigation equipment installed and are 

able to be flown IFR. The rule does not 

require the flights to be flown IFR or 

VFR, it leaves it to the discretion of the 

instructor and the student’s needs. 

97. This revision of part 141, appendix 

D, paragraph 4(b)(4)(iii) deletes the 

cross country training at nighttime 

requirement for the commercial pilot 

certification course for the gyroplane 

rating 

This final rule deletes the cross 

country training at nighttime 

requirement in part 141, appendix D, 

paragraph 4(b)(4)(iii) for the commercial 

pilot certification course for the 

gyroplane rating. The FAA determined 

that nighttime training for the gyroplane 

rating for the commercial pilot 

certification course will be more useful 

and more safely conducted near an 

airport, because gyroplanes have very 

limited equipment and systems for 

nighttime cross country operations. 

Two commenters objected to the 

elimination of the nighttime cross 

country requirement for a commercial 

gyroplane certification. The commenters 

asserted if commercial gyrocopter pilots 

are permitted to carry passengers at 

night, their training should reflect it. 

The commenters also stated that if 

gyroplanes are not equipped to conduct 

nighttime cross country operations, then 

the FAA should revisit equipment 

requirements rather than reduce training 

requirements. 

We have previously responded to this 

kind of comment in the preamble 

section of this rulemaking document 

where we discussed this same change to 

§ 61.129(d)(3)(iii). The FAA is adopting 

the revision as proposed in the NPRM. 

98. This revision of part 141, appendix 

D, paragraph 4(d)(4)(vi) requires ground 

reference maneuvers as an area of 

operation for the gyroplane rating in the 

commercial pilot certificate course 

This final rule revises part 141, 

appendix D, paragraph 4(d)(4)(vi) 

requiring ground reference maneuvers 

as an area of operation for the gyroplane 

rating in the commercial pilot certificate 

course. This will conform part 141, 

appendix D, paragraph 4(d)(4)(vi) with 

revised § 61.127(b)(4)(vi) requiring flight 

proficiency in ‘‘ground reference 

maneuvers’’ for the gyroplane rating in 

the commercial pilot certificate course. 

The ground reference maneuvers must 

include at least ‘‘eights around a pylon,’’ 

‘‘eights along a road,’’ ‘‘rectangular 

course,’’ ‘‘S-turns,’’ and ‘‘turns around a 

point.’’ 

99. This revision of part 141, appendix 

D, paragraph 4(b)(1)(ii) allows the 

complex airplane training for the 

approved commercial pilot certification 

course-airplane single engine rating to 

be performed in either a single or 

multiengine complex airplane 

This final rule revises the complex 

airplane training requirement for the 

commercial pilot certification course for 

the single engine airplane rating under 

part 141, appendix D, paragraph 

4(b)(1)(ii). This revision is in response 

to the AOPA’s petition for rulemaking of 

February 11, 1999. This final rule will 

allow the commercial pilot certification 

course for the single engine airplane 

rating to be approved with use of either 

a complex single engine airplane or a 

complex multiengine airplane. The use 

of either a complex single engine 

airplane or a complex multiengine 

airplane to meet the single engine 

airplane training requirements is 

permitted under existing 

§ 61.129(a)(3)(ii) for those training 

organizations that have chosen not to be 

approved under part 141. The FAA has 

determined that the current provision 

under part 141 may create an unfair 

financial burden on applicants at a part 

141 pilot school versus those applicants 

who receive their training other than 

through a part 141 pilot school. 

Therefore, this final rule deletes the 

word ‘‘single-engine’’ from paragraph 

4(b)(1)(ii) of part 141, appendix D, so 

the rule will merely read as ‘‘10 hours 


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of training in an airplane that has 

retractable landing gear, flaps, and a 

controllable pitch propeller, or is 

turbine-powered.’’ 

Six commenters supported the 

proposed provisions permitting use of a 

complex multiengine airplane to satisfy 

the complex airplane experience 

requirement for a commercial single 

engine airplane rating. Two commenters 

recommended the provision be 

extended to part 61. Two commenters, 

including LeTourneau University, 

recommended pilots be permitted to 

train in both multiengine and single 

engine airplanes, and obtain both 

airplane single engine and airplane 

multiengine ratings by taking one just 

one practical test in a multiengine 

airplane. 

Five commenters, including the Joint 

Commenters, recommended the 

development of alternatives to the 

complex airplane experience 

requirement. Two commenters 

recommended the proposed provisions 

permit use of FADEC-equipped 

airplanes instead of controllable-pitch 

propeller airplanes, as allowed under 

FAA Notice 8000.331. The Joint 

Commenters recommended eliminating 

the retractable gear requirement or 

reinstating provisions permitting 

experience in either a complex or a 

high-performance airplane. One 

commenter recommended the FAA 

modify aeronautical experience and 

practical test requirements for 

commercial pilot airplane ratings and 

flight instructor airplane ratings to 

permit use of Technically Advanced 

Aircraft (TAA) instead of complex 

airplanes. Five commenters 

recommended that the requirement that 

commercial pilots have complex 

airplane experience be eliminated. Four 

commenters noted few single engine 

airplanes produced today fall under the 

definition of complex airplanes, and 

asserted the requirement forces schools 

to maintain antiquated airplanes simply 

to meet the requirement. Three 

commenters stated authority to operate 

complex airplanes is adequately 

addressed by requiring an endorsement. 

One commenter asserted complex 

airplane experience is unnecessary for 

activities such as clear weather 

sightseeing flights and flight instruction. 

This commenter recommended an 

allowance for commercial pilot and 

flight instructor certificates without 

complex airplane experience. 

The FAA acknowledges comments 

received on this proposal. This change 

already exists in § 61.129(a)(3)(ii) as the 

complex airplane training for the 

commercial pilot certificate for the 

single engine airplane rating does not 

specifically require the flight experience 

to be performed in a complex single 

engine airplane. The flight experience 

may be obtained in either a complex 

single engine airplane or complex 

multiengine airplane. 

100. This revision of part 141, appendix 

D, paragraphs 4(b)(1)(i), (2)(i), (3)(i), 

(4)(i), (5)(i), and (7)(i) clarifies the 

instrument training for the commercial 

pilot certification courses for the 

airplane single-engine, airplane 

multiengine, helicopter, gyroplane, 

powered-lift, and airship ratings 

This final rule revises part 141, 

appendix D, paragraphs 4(b)(1)(i), (2)(i), 

(3)(i), (4)(i), (5)(i), and (7)(i) to clarify 

that the tasks required for ‘‘instrument 

training’’ in the commercial pilot 

certification courses for the airplane 

single-engine, airplane multiengine, 

rotorcraft helicopter, rotorcraft 

gyroplane, powered-lift, and airship 

ratings require the use of a view-limiting 

device (e.g., use of a hood device, fogged 

goggles, etc.). This revision is in 

response to inquiries about what tasks 

are required to satisfy ‘‘instrument 

training’’ for commercial pilot 

certification courses. 

This revision will parallel the revised 

changes to instrument training under 

§ 61.129 for the airplane single-engine, 

airplane multiengine, rotorcraft 

helicopter, rotorcraft gyroplane, 

powered-lift, and airship ratings at the 

commercial pilot certification level. 

Three commenters objected to the 

increase in required instrument training 

from five hours to ten hours, and 

recommended the requirement of five 

hours be retained. Flight Safety 

International stated that, unlike part 61, 

part 141 commercial pilot candidates 

must have an instrument rating before 

completing the commercial pilot course; 

therefore an increase in the amount of 

instrument training required for a 

commercial pilot certificate is not 

necessary. Six commenters objected to 

the unqualified requirement that a viewlimiting device be used for instrument 

training. The commenters asserted 

students should be permitted to train 

without a view-limiting device in actual 

IMC or when using a flight simulator, 

flight training device, or PCATD. Three 

commenters recommended the rule be 

modified to require training in actual 

IMC or using a view-limiting device. 

There is an increase of instrument 

training from five hours to ten hours; 

however, five hours of instrument 

training in the aircraft remains at five 

hours in the aircraft, and the other five 

hours is permitted to be performed in a 

flight simulator, flight training device, 

or an aviation training device. We did 

not increase the total time of the 

commercial pilot certification course. 

We believe that most commercial pilot 

certificate applicants are concurrently 

enrolled in an instrument rating course, 

and we believe this revision of allowing 

this additional five hours of instrument 

training in the commercial pilot 

certification course will be beneficial to 

those applicants concurrently enrolled 

in an instrument rating course. 

We have previously responded to 

these kinds of comments in the 

preamble section of this rulemaking 

document where we discussed this 

same change to § 61.57(c). The FAA is 

adopting the revision as proposed in the 

NPRM. 

101. This revision of part 141, appendix 

E, paragraph 2 requires pilots enrolled 

in an ATP certification course to have 

met the ATP aeronautical experience 

requirements of part 61, subpart G prior 

to completion of the course 

This final rule revises part 141, 

appendix E, paragraph 2 to establish 

that a person must first meet the 

aeronautical experience requirements 

under part 61, subpart G, for an ATP 

certificate before completing the flight 

portion of an ATP certification course. 

The purpose of this revision is to clarify 

that a person who completes the ATP 

certification course must also have met 

the appropriate ATP aeronautical 

experience of part 61, subpart G before 

applying for the ATP certificate. 

The existing language in part 141, 

appendix E, paragraph 2 has been 

misinterpreted by some to mean that a 

person could apply for an ATP 

certificate after meeting only part 141, 

appendix E, paragraph 2.(a), (b), (c), or 

(d) of that part. This is not correct, 

because an applicant for an ATP 

certificate must also have met the 

appropriate aeronautical experience 

requirements under part 61, subpart G. 

The introductory language in part 141, 

appendix E, paragraph 2 clarifies that an 

applicant for an ATP certificate must 

also have met the appropriate 

aeronautical experience requirements 

under part 61, subpart G prior to 

completion of the flight portion of the 

airline transport pilot (ATP) 

certification course. 

102. This revision of part 141, appendix 

I, paragraphs 3 and 4 clarifies the 

ground and flight training required for 

the approved additional category and/or 

class rating course 

This final rule revises paragraphs 3 

and 4 of appendix I to part 141 to clarify 

the ground and flight training required 

for the additional category and/or class 

rating course. This revision was 


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developed in response to confusion 

about what is the amount of ground and 

flight training required for an add-on 

aircraft category and/or class rating 

course. 

The confusion arises because of the 

language of the former paragraphs 3 and 

4 of part 141, appendix I which states 

that training must be in areas ‘‘that are 

specific to that aircraft category and 

class rating and pilot certificate level for 

which the course applies.’’ Many 

believed this language did not clearly 

state what the required ground and 

flight training amounts and content for 

‘‘add-on’’ category/class courses were. 

This final rule expands the content of 

paragraphs 3 and 4 of part 141, 

appendix I for the additional category 

and/or class rating courses to specify the 

required amount of ground and flight 

training and their content for an add-on 

aircraft category and/or class rating 

course at the recreational pilot, private 

pilot, commercial pilot, and ATP 

certification levels. Revised paragraphs 

3 and 4 establish the required amount 

of ground and flight training and their 

content for just an ‘‘add-on’’ class rating 

(i.e., where the applicant already holds 

a rating in that aircraft category, and the 

course at issue is only for an added class 

rating within that aircraft category) at 

the various pilot certification levels. 

One commenter generally agreed that 

reducing overall ground and flight time 

requirements under appendix I is an 

improvement but opposes some of the 

remaining requirements. Flight Safety 

International asserted the proposed 

revisions to appendix I do little to 

improve understanding and readability. 

Three commenters recommended 

eliminating the cross country flight 

requirements for adding a multiengine 

rating to a private or commercial 

certificate with a single engine rating, 

stating the skills required to fly cross 

country in a multiengine airplane do not 

differ significantly from those required 

to fly cross country in a single engine 

airplane. One commenter asserted any 

differences in these two areas could be 

adequately addressed in ground 

training. 

Two commenters questioned the need 

for training in areas such as night flight, 

complex airplanes operations, or flight 

by reference to instruments when 

adding a multiengine airplane rating to 

a commercial certificate. These 

commenters stated pilots will already 

have experience in these areas. These 

commenters also asserted the hours 

required for cross country, instrument, 

and night flight training would be better 

spent practicing maneuvers or 

approaches, or multiengine specific 

topics, such as VMC or engineinoperative scenarios. Two commenters 

asserted the training requirements under 

part 141 are unnecessarily burdensome. 

Four commenters stated pilots have 

greater flexibility when seeking to add 

a class rating to an existing certificate 

under part 61 than they do under part 

141. 

Two commenters objected to the 

prescription of minimum training hour 

requirements when no such 

requirements exist under part 61. The 

commenters recommended the 

minimum training hour requirements 

under part 141 be eliminated or part 141 

flight schools be granted discretion to 

deviate from specified requirements, 

similar to that granted under § 61.63(c). 

Alternatively, the University of 

Oklahoma Aviation Department 

recommended training at least as 

extensive and rigorous as the part 141 

requirements be prescribed under part 

61. 

One commenter questioned the 

amount of training required to add a 

single engine airplane rating to a 

commercial certificate with a 

multiengine airplane rating. The 

commenter asserted that training in a 

single engine airplane is less 

complicated, and therefore transitioning 

from a multiengine airplane to a single 

engine airplane should require less 

training than transitioning from a single 

engine airplane to a multiengine 

airplane. The commenter stated that in 

some areas, such as a cross country 

flight or instrument flight, the flight 

should be able to be completed without 

the need for additional training. The 

commenter also argued fifteen hours of 

ground training is excessive for the 

transition from the multiengine airplane 

rating to the single engine airplane 

rating. 

The FAA acknowledges the comment 

received on this proposal, and has 

determined that the nature of the 

comment does not require us to revise 

or withdraw this proposal. The essence 

of the change is merely to further clarify 

the intent of the rule and no substantive 

changes have been made. Therefore, the 

FAA is adopting the revision as it was 

proposed in the NPRM. 

Regulatory Notices and Analyses 

Paperwork Reduction Act 

Information collection requirements 

associated with this final rule have been 

approved previously by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)) and have been assigned OMB 

Control Numbers 2120–0009 and 0021. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. There is 

one revision in this final rule document 

(See Revision No. 71) where the FAA 

has amended § 61.159(d) and (e) to 

conform our ATP certification 

requirements to ICAO Standards and 

Recommended Practices. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (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) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

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 final 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, FAA 

has determined that this final 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) 

will not have a significant economic 

impact on a substantial number of small 

entities; (5) will not create unnecessary 


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obstacles to the foreign commerce of the 

United States; and (6) will 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. 

This final rule revises the training, 

qualification, certification, and 

operating requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. These changes are needed 

to clarify, update, and correct our 

existing regulations. 

For the revisions that we were able to 

quantify the cost savings, we estimate 

this rule change to generate cost savings 

of $34.0 million ($23.8 million, 

discounted) and costs of $7.0 million 

($5.3 million, discounted) over the 

2009–2018 time period. Therefore, this 

final rule is estimated to generate net 

cost savings of $26.9 million ($18.5 

million, discounted) over the same tenyear period and is cost-beneficial. 

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 revisions 

and to explain the rationale for their 

actions to assure that such revisions are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit 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 cost of the additional training for 

the night vision goggle rules is about 

$1,800 per pilot ($1,800 ≈ $1,167,138 

(undiscounted cost of night vision 

goggle training in year 1) ÷ 650 

(estimated population that will receive 

night vision goggle training in year 1)). 

Since the training is optional these 

small costs will not impose a burden on 

any small entity. Also, this revision 

could result in annual cost savings of 

about $625 per rotorcraft pilot and a 

cost savings of about $430 per general 

aviation pilot by allowing the use of 

alternate methods to maintain 

instrument currency. We do not 

consider these costs or cost-savings to 

be significant. Therefore, as the FAA 

Administrator, I certify that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. 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 revised rule 

and has determined that it will have 

only a domestic impact and therefore no 

affect on international trade. 

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 

(adjusted annually for inflation with the 

base year 1995) 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 level equivalent 

of $100 million in CY 1995, adjusted for 

inflation to CY 2007 levels by the 

Consumer Price Index for all Urban 

Consumers (CPI–U) as published by the 

Bureau of Labor Statistics, is $136.1 

million. This revised rule does not 

contain such a mandate. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this final rulemaking 

action will not have a substantial direct 

effect on the States, on the relationship 

between the national Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, and 

therefore will not have federalism 

implications. 

Environmental Analysis 

FAA Order 1050.1E 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 revised 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 307(k) and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

in accordance with Executive Order 

13211, Actions Concerning Regulations 

that Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

Executive Order, because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

Availability of Rulemaking Documents 

(1) You can get an electronic copy of 

this final rule through the Internet by: 

Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page at 

http://dms.dot.gov/search; 

(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.gpoaccess.gov/fr/index.html. 

You can also get a copy of this final 

rule 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. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

final rulemaking document. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 


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the person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. You can find 

out more about SBREFA on the Internet 

at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Alcohol abuse, 

Aviation safety, Drug abuse, Recreation 

and recreation areas, Reporting and 

recordkeeping requirements, Security 

measures, Teachers. 

14 CFR Part 91 

Afghanistan, Agriculture, Air traffic 

control, Aircraft, Airmen, Airports, 

Aviation safety, Canada, Cuba, Ethiopia, 

Freight, Mexico, Noise control, Political 

candidates, Reporting and 

recordkeeping requirements, 

Yugoslavia. 

14 CFR Part 141 

Airmen, Educational facilities, 

Reporting and recordkeeping 

requirements, Schools. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations, as follows: 

PART 61—CERTIFICATION: PILOTS 

AND FLIGHT INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Amend § 61.1 by: 

■ a. Revising paragraphs (b)(2)(i) and 

(ii); 

■ b. Redesignating existing paragraphs 

(b)(12) through (16) as paragraphs 

(b)(14) through (18); and 

■ c. Adding a new paragraphs (b)(12) 

and (13) to read as follows: 

§ 61.1 Applicability and definitions. 

* * * * * 

(b) * * * 

(2) * * * 

(i) A person who holds a ground 

instructor certificate issued under part 

61 of this chapter and is in compliance 

with § 61.217, when conducting ground 

training in accordance with the 

privileges and limitations of his or her 

ground instructor certificate; 

(ii) A person who holds a flight 

instructor certificate issued under part 

61 of this chapter and is in compliance 

with § 61.197, when conducting ground 

training or flight training in accordance 

with the privileges and limitations of 

his or her flight instructor certificate; or 

* * * * * 

(12) Night vision goggles means an 

appliance worn by a pilot that enhances 

the pilot’s ability to maintain visual 

surface reference at night. 

(13) Night vision goggle operation 

means the portion of a flight that occurs 

during the time period from 1 hour after 

sunset to 1 hour before sunrise where 

the pilot maintains visual surface 

reference using night vision goggles in 

an aircraft that is approved for such an 

operation. 

* * * * * 

■ 3. Add a new § 61.2 to read as follows: 

§ 61.2. Exercise of Privilege 

(a) Validity. No person may: 

(1) Exercise privileges of a certificate, 

rating, endorsement, or authorization 

issued under this part if the certificate, 

rating or authorization is surrendered, 

suspended, revoked or expired. 

(2) Exercise privileges of a flight 

instructor certificate if that flight 

instructor certificate is surrendered, 

suspended, revoked or expired. 

(3) Exercise privileges of a foreign 

pilot certificate to operate an aircraft of 

foreign registry under § 61.3(b) if the 

certificate is surrendered, suspended, 

revoked or expired. 

(4) Exercise privileges of a pilot 

certificate issued under § 61.75, or an 

authorization issued under § 61.77, if 

the foreign pilot certificate relied upon 

for the issuance of the U.S. pilot 

certificate or authorization is 

surrendered, suspended, revoked or 

expired. 

(5) Exercise privileges of a medical 

certificate issued under part 67 to meet 

any requirements of part 61 if the 

medical certificate is surrendered, 

suspended, revoked or expired 

according to the duration standards set 

forth in § 61.23(d). 

(6) Use an official government issued 

driver’s license to meet any 

requirements of part 61 related to 

holding that driver’s license, if the 

driver’s license is surrendered, 

suspended, revoked or expired. 

(b) Currency. No person may: 

(1) Exercise privileges of an airman 

certificate, rating, endorsement, or 

authorization issued under this part 

unless that person meets the appropriate 

airman and medical recency 

requirements of this part, specific to the 

operation or activity. 

(2) Exercise privileges of a foreign 

pilot license within the United States to 

conduct an operation described in 

§ 61.3(b), unless that person meets the 

appropriate airman and medical recency 

requirements of the country that issued 

the license, specific to the operation. 

■ 4. Amend § 61.3 by revising 

paragraphs (a) introductory text, (a)(1), 

(a)(2)(i), (b) introductory text, (b)(1), 

(c)(1), (c)(2)(ii), (c)(2)(iii), (c)(2)(v) 

introductory text, (c)(2)(xi), (c)(2)(xii), 

(f)(1)(i), (f)(2)(i), (f)(2)(ii), (g)(1)(i), 

(g)(2)(i), and (g)(2)(ii) to read as follows: 

§ 61.3 Requirement for certificates, 

ratings, and authorizations. 

(a) Pilot certificate. No person may 

serve as a required pilot flight 

crewmember of a civil aircraft of the 

United States, unless that person— 

(1) Has a pilot certificate or special 

purpose pilot authorization issued 

under this part in that person’s physical 

possession or readily accessible in the 

aircraft when exercising the privileges 

of that pilot certificate or authorization. 

However, when the aircraft is operated 

within a foreign country, a pilot license 

issued by that country may be used; and 

(2) * * * 

(i) Driver’s license issued by a State, 

the District of Columbia, or territory or 

possession of the United States; 

* * * * * 

(b) Required pilot certificate for 

operating a foreign-registered aircraft. 

No person may serve as a required pilot 

flight crewmember of a civil aircraft of 

foreign registry within the United 

States, unless that person’s pilot 

certificate— 

(1) Is in that person’s physical 

possession, or readily accessible in the 

aircraft when exercising the privileges 

of that pilot certificate; and 

* * * * * 

(c) * * * 

(1) A person may serve as a required 

pilot flight crewmember of an aircraft 

only if that person holds the appropriate 

medical certificate issued under part 67 

of this chapter, or other documentation 

acceptable to the FAA, that is in that 

person’s physical possession or readily 

accessible in the aircraft. Paragraph 

(c)(2) of this section provides certain 

exceptions to the requirement to hold a 

medical certificate. 

(2) * * * 

(ii) Is exercising the privileges of a 

student pilot certificate while seeking a 

sport pilot certificate with other than 

glider or balloon privileges and holds a 

U.S. driver’s license; 

(iii) Is exercising the privileges of a 

student pilot certificate while seeking a 

pilot certificate with a weight-shiftcontrol aircraft category rating or a 

powered parachute category rating and 

holds a U.S. driver’s license; 

* * * * * 


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(v) Is exercising the privileges of a 

sport pilot certificate with other than 

glider or balloon privileges and holds a 

U.S. driver’s license. A person who has 

applied for or held a medical certificate 

may exercise the privileges of a sport 

pilot certificate using a U.S. driver’s 

license only if that person— 

* * * * * 

(xi) Is operating an aircraft with a U.S. 

pilot certificate, issued on the basis of 

a foreign pilot license, issued under 

§ 61.75, and holds a medical certificate 

issued by the foreign country that issued 

the foreign pilot license, which is in that 

person’s physical possession or readily 

accessible in the aircraft when 

exercising the privileges of that airman 

certificate. 

(xii) Is a pilot of the U.S. Armed 

Forces, has an up-to-date U.S. military 

medical examination, and holds 

military pilot flight status. 

* * * * * 

(f) * * * 

(1) * * * 

(i) Holds a Category II pilot 

authorization for that category or class 

of aircraft, and the type of aircraft, if 

applicable; or 

* * * * * 

(2) * * * 

(i) Holds a pilot certificate with 

category and class ratings for that 

aircraft and an instrument rating for that 

category aircraft; 

(ii) Holds an airline transport pilot 

certificate with category and class 

ratings for that aircraft; or 

* * * * * 

(g) * * * 

(1) * * * 

(i) Holds a Category III pilot 

authorization for that category or class 

of aircraft, and the type of aircraft, if 

applicable; or 

* * * * * 

(2) * * * 

(i) Holds a pilot certificate with 

category and class ratings for that 

aircraft and an instrument rating for that 

category aircraft; 

(ii) Holds an airline transport pilot 

certificate with category and class 

ratings for that aircraft; or 

* * * * * 

■ 5. Revise § 61.11 to read as follows: 

§ 61.11 Expired pilot certificates and reissuance. 

(a) No person who holds an expired 

pilot certificate or rating may act as pilot 

in command or as a required pilot flight 

crewmember of an aircraft of the same 

category or class that is listed on that 

expired pilot certificate or rating. 

(b) The following pilot certificates and 

ratings have expired and will not be 

reissued: 

(1) An airline transport pilot 

certificate issued before May 1, 1949, or 

an airline transport pilot certificate that 

contains a horsepower limitation. 

(2) A private or commercial pilot 

certificate issued before July 1, 1945. 

(3) A pilot certificate with a lighterthan-air or free-balloon rating issued 

before July 1, 1945. 

(c) An airline transport pilot 

certificate that was issued after April 30, 

1949, and that bears an expiration date 

but does not contain a horsepower 

limitation, may have that airline 

transport pilot certificate re-issued 

without an expiration date. 

(d) A private or commercial pilot 

certificate that was issued after June 30, 

1945, and that bears an expiration date, 

may have that pilot certificate reissued 

without an expiration date. 

(e) A pilot certificate with a lighterthan-air or free-balloon rating that was 

issued after June 30, 1945, and that 

bears an expiration date, may have that 

pilot certificate reissued without an 

expiration date. 

■ 6. Amend § 61.19 by revising 

paragraphs (b), (d), and (e); removing 

paragraph (f); re-designating (g) as 

paragraph (f); revising newly redesignated paragraph (f); and redesignating paragraph (h) as (g) to read 

as follows: 

§ 61.19 Duration of pilot and instructor 

certificates. 

* * * * * 

(b) Student pilot certificate. 

(1) For student pilots who have not 

reached their 40th birthday, the student 

pilot certificate does not expire until 60 

calendar months after the month of the 

date of examination shown on the 

medical certificate. 

(2) For student pilots who have 

reached their 40th birthday, the student 

pilot certificate does not expire until 24 

calendar months after the month of the 

date of examination shown on the 

medical certificate. 

(3) For student pilots seeking a glider 

or balloon rating only, the student pilot 

certificate does not expire until 60 

calendar months after the month of the 

date issued, regardless of the person’s 

age. 

* * * * * 

(d) Flight instructor certificate. Except 

as specified in § 61.197(b), a flight 

instructor certificate expires 24 calendar 

months from the month in which it was 

issued, renewed, or reinstated, as 

appropriate. 

(e) Ground instructor certificate. A 

ground instructor certificate is issued 

without a specific expiration date. 

(f) Return of certificates. The holder of 

any airman certificate that is issued 

under this part, and that has been 

suspended or revoked, must return that 

certificate to the FAA when requested to 

do so by the Administrator. 

* * * * * 

■ 7. Amend § 61.23 by: 

■ a. Revising paragraph (a)(3)(iv); 

■ b. Redesignating paragraph (a)(3)(v) as 

(a)(3)(vi); 

■ c. Adding new paragraphs (a)(3)(v) 

and (vii); 

■ d. Revising newly re-designated 

paragraph (a)(3)(vi); 

■ e. Revising paragraph (b) introductory 

text and paragraphs (b)(3), (b)(7), and 

(b)(8); 

■ f. Adding a new paragraph (b)(9); and 

■ g. Revising paragraph (c)(1) 

introductory text and (c)(2) introductory 

text. 

The revisions and additions read as 

follows: 

§ 61.23 Medical certificates: Requirement 

and duration. 

(a) * * * 

(3) * * * 

(iv) When exercising the privileges of 

a flight instructor certificate and acting 

as the pilot in command; 

(v) When exercising the privileges of 

a flight instructor certificate and serving 

as a required pilot flight crewmember; 

(vi) When taking a practical test in an 

aircraft for a recreational pilot, private 

pilot, commercial pilot, or airline 

transport pilot certificate, or for a flight 

instructor certificate; or 

(vii) When performing the duties as 

an Examiner in an aircraft when 

administering a practical test or 

proficiency check for an airman 

certificate, rating, or authorization. 

(b) Operations not requiring a medical 

certificate. A person is not required to 

hold a medical certificate— 

* * * * * 

(3) When exercising the privileges of 

a pilot certificate with a glider category 

rating or balloon class rating in a glider 

or a balloon, as appropriate; 

* * * * * 

(7) When serving as an Examiner or 

check airman and administering a 

practical test or proficiency check for an 

airman certificate, rating, or 

authorization conducted in a glider, 

balloon, flight simulator, or flight 

training device; 

(8) When taking a practical test or a 

proficiency check for a certificate, 

rating, authorization or operating 

privilege conducted in a glider, balloon, 

flight simulator, or flight training 

device; or 

(9) When a military pilot of the U.S. 

Armed Forces can show evidence of an 

up-to-date medical examination 


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authorizing pilot flight status issued by 

the U.S. Armed Forces and— 

(i) The flight does not require higher 

than a third-class medical certificate; 

and 

(ii) The flight conducted is a domestic 

flight operation within U.S. airspace. 

(c) * * * 

(1) A person must hold and possess 

either a medical certificate issued under 

part 67 of this chapter or a U.S. driver’s 

license when exercising the privileges 

of— 

* * * * * 

(2) A person using a U.S. driver’s 

license to meet the requirements of this 

paragraph must— 

* * * * * 

■ 8. Amend § 61.25 by revising 

paragraph (a)(1) to read as follows: 

§ 61.25 Change of name. 

(a) * * * 

(1) Airman certificate; and 

* * * * * 

■ 9. Amend § 61.29 by: 

■ a. Removing paragraph (d)(3); 

■ b. Redesignating existing paragraphs 

(d)(4) and (5) as paragraphs (d)(3) and 

(4); and 

■ c. Revising newly re-designated 

paragraphs (d)(3) and (4) to read as 

follows: 

§ 61.29 Replacement of a lost or destroyed 

airman or medical certificate or knowledge 

test report. 

* * * * * 

(d) * * * 

(3) The certificate holder’s date and 

place of birth; and 

(4) Any information regarding the— 

(i) Grade, number, and date of 

issuance of the airman certificate and 

ratings, if appropriate; 

(ii) Class of medical certificate, the 

place and date of the medical exam, 

name of the Airman Medical Examiner 

(AME), and the circumstances 

concerning the loss of the original 

medical certificate, as appropriate; and 

(iii) Date the knowledge test was 

taken, if appropriate. 

* * * * * 

■ 10. Amend § 61.31 by: 

■ a. Revising paragraph (d)(1); 

■ b. Removing paragraph (d)(2); 

■ c. Redesignating paragraph (d)(3) as 

(d)(2) and revising newly re-designating 

(d)(2); 

■ d. Redesignating existing paragraph 

(k) as (l); and 

■ e. Adding new paragraph (k). 

The revisions and addition read as 

follows: 

§ 61.31 Type rating requirements, 

additional training, and authorization 

requirements. 

* * * * * 

(d) * * * 

(1) Hold the appropriate category, 

class, and type rating (if a class or type 

rating is required) for the aircraft to be 

flown; or 

(2) Have received training required by 

this part that is appropriate to the pilot 

certification level, aircraft category, 

class, and type rating (if a class or type 

rating is required) for the aircraft to be 

flown, and have received an 

endorsement for solo flight in that 

aircraft from an authorized instructor. 

* * * * * 

(k) Additional training required for 

night vision goggle operations. (1) 

Except as provided under paragraph 

(k)(3) of this section, a person may act 

as pilot in command of an aircraft using 

night vision goggles only if that person 

receives and logs ground training from 

an authorized instructor and obtains a 

logbook or training record endorsement 

from an authorized instructor who 

certifies the person completed the 

ground training. The ground training 

must include the following subjects: 

(i) Applicable portions of this chapter 

that relate to night vision goggle 

limitations and flight operations; 

(ii) Aeromedical factors related to the 

use of night vision goggles, including 

how to protect night vision, how the 

eyes adapt to night, self-imposed 

stresses that affect night vision, effects 

of lighting on night vision, cues used to 

estimate distance and depth perception 

at night, and visual illusions; 

(iii) Normal, abnormal, and 

emergency operations of night vision 

goggle equipment; 

(iv) Night vision goggle performance 

and scene interpretation; and 

(v) Night vision goggle operation 

flight planning, including night terrain 

interpretation and factors affecting 

terrain interpretation. 

(2) Except as provided under 

paragraph (k)(3) of this section, a person 

may act as pilot in command of an 

aircraft using night vision goggles only 

if that person receives and logs flight 

training from an authorized instructor 

and obtains a logbook or training record 

endorsement from an authorized 

instructor who found the person 

proficient in the use of night vision 

goggles. The flight training must include 

the following tasks: 

(i) Preflight and use of internal and 

external aircraft lighting systems for 

night vision goggle operations; 

(ii) Preflight preparation of night 

vision goggles for night vision goggle 

operations; 

(iii) Proper piloting techniques when 

using night vision goggles during the 

takeoff, climb, enroute, descent, and 

landing phases of flight; and 

(iv) Normal, abnormal, and emergency 

flight operations using night vision 

goggles. 

(3) The requirements under 

paragraphs (k)(1) and (2) of this section 

do not apply if a person can document 

satisfactory completion of any of the 

following pilot proficiency checks using 

night vision goggles in an aircraft: 

(i) A pilot proficiency check on night 

vision goggle operations conducted by 

the U.S. Armed Forces. 

(ii) A pilot proficiency check on night 

vision goggle operations under part 135 

of this chapter conducted by an 

Examiner or Check Airman. 

(iii) A pilot proficiency check on 

night vision goggle operations 

conducted by a night vision goggle 

manufacturer or authorized instructor, 

when the pilot— 

(A) Is employed by a Federal, State, 

county, or municipal law enforcement 

agency; and 

(B) Has logged at least 20 hours as 

pilot in command in night vision goggle 

operations. 

* * * * * 

■ 11. Amend § 61.35 by revising 

paragraph (a)(2)(iv) to read as follows: 

§ 61.35 Knowledge test: Prerequisites and 

passing grades. 

(a) * * * 

(2) * * * 

(iv) If the permanent mailing is a post 

office box number, then the applicant 

must provide a current residential 

address. 

* * * * * 

■ 12. Amend § 61.39 by revising 

paragraphs (a)(4), (a)(6)(i), (b)(2), (c)(1), 

(c)(2), (d), and (e) to read as follows: 

§ 61.39 Prerequisites for practical tests. 

(a) * * * 

(4) Hold at least a third-class medical 

certificate, if a medical certificate is 

required; 

* * * * * 

(6) * * * 

(i) Has received and logged training 

time within 2 calendar months 

preceding the month of application in 

preparation for the practical test; 

* * * * * 

(b) * * * 

(2) Is employed by the U.S. Armed 

Forces as a flight crewmember in U.S. 

military air transport operations at the 

time of the practical test and has 

completed the pilot in command aircraft 

qualification training program that is 

appropriate to the pilot certificate and 

rating sought. 

(c) * * * 

(1) Holds a foreign pilot license issued 

by a contracting State to the Convention 


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on International Civil Aviation that 

authorizes at least the privileges of the 

pilot certificate sought; 

(2) Is only applying for a type rating; 

or 

* * * * * 

(d) If all increments of the practical 

test for a certificate or rating are not 

completed on the same date, then all the 

remaining increments of the test must 

be completed within 2 calendar months 

after the month the applicant began the 

test. 

(e) If all increments of the practical 

test for a certificate or rating are not 

completed within 2 calendar months 

after the month the applicant began the 

test, the applicant must retake the entire 

practical test. 

■ 13. Amend § 61.43 by revising 

paragraphs (a) and (b) to read as follows: 

§ 61.43 Practical tests: General 

procedures. 

(a) Completion of the practical test for 

a certificate or rating consists of— 

(1) Performing the tasks specified in 

the areas of operation for the airman 

certificate or rating sought within the 

approved practical test standards; 

(2) Demonstrating mastery of the 

aircraft by performing each task 

successfully; 

(3) Demonstrating proficiency and 

competency within the approved 

standards; and 

(4) Demonstrating sound judgment. 

(b) The pilot flight crew complement 

required during the practical test is 

based on one of the following 

requirements that applies to the aircraft 

being used on the practical test: 

(1) If the aircraft’s FAA-approved 

flight manual requires the pilot flight 

crew complement be a single pilot, then 

the applicant must demonstrate single 

pilot proficiency on the practical test. 

(2) If the aircraft’s type certification 

data sheet requires the pilot flight crew 

complement be a single pilot, then the 

applicant must demonstrate single pilot 

proficiency on the practical test. 

(3) If the FAA Flight Standardization 

Board report, FAA-approved aircraft 

flight manual, or aircraft type 

certification data sheet allows the pilot 

flight crew complement to be either a 

single pilot, or a pilot and a copilot, 

then the applicant may demonstrate 

single pilot proficiency or have a copilot 

on the practical test. If the applicant 

performs the practical test with a 

copilot, the limitation of ‘‘Second in 

Command Required’’ will be placed on 

the applicant’s pilot certificate. The 

limitation may be removed if the 

applicant passes the practical test by 

demonstrating single-pilot proficiency 

in the aircraft in which single-pilot 

privileges are sought. 

* * * * * 

■ 14. Amend § 61.45 by revising 

paragraphs (a)(1)(ii), (a)(2)(i), (a)(2)(iii), 

and (c) to read as follows: 

§ 61.45 Practical tests: Required aircraft 

and equipment. 

(a) * * * 

(1) * * * 

(ii) Has a standard airworthiness 

certificate or special airworthiness 

certificate in the limited, primary, or 

light-sport category. 

(2) * * * 

(i) An aircraft that has an 

airworthiness certificate other than a 

standard airworthiness certificate or 

special airworthiness certificate in the 

limited, primary, or light-sport category, 

but that otherwise meets the 

requirements of paragraph (a)(1) of this 

section; 

* * * * * 

(iii) A military aircraft of the same 

category, class, and type, if aircraft class 

and type are appropriate, for which the 

applicant is applying for a certificate or 

rating, and provided— 

(A) The aircraft is under the direct 

operational control of the U.S. Armed 

Forces; 

(B) The aircraft is airworthy under the 

maintenance standards of the U.S. 

Armed Forces; and 

(C) The applicant has a letter from his 

or her commanding officer authorizing 

the use of the aircraft for the practical 

test. 

* * * * * 

(c) Required controls. Except for 

lighter-than-air aircraft, and a glider 

without an engine, an aircraft used for 

a practical test must have engine power 

controls and flight controls that are 

easily reached and operable in a 

conventional manner by both pilots, 

unless the Examiner determines that the 

practical test can be conducted safely in 

the aircraft without the controls easily 

reached by the Examiner. 

* * * * * 

■ 15. Amend § 61.51 by: 

■ a. Adding new paragraph (b)(3)(iv); 

■ b. Revising paragraphs (b)(1)(iv), 

(b)(2)(v), (b)(3)(iii), (e)(1), (e)(2), (e)(3), 

(e)(4)(ii), the heading of paragraph (g), 

and paragraph (g)(4); and 

■ c. Adding new paragraphs (j) and (k). 

The revisions and additions read as 

follows: 

§ 61.51 Pilot logbooks. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) Type and identification of aircraft, 

flight simulator, flight training device, 

or aviation training device, as 

appropriate. 

* * * * * 

(2) * * * 

(v) Training received in a flight 

simulator, flight training device, or 

aviation training device from an 

authorized instructor. 

(3) * * * 

(iii) Simulated instrument conditions 

in flight, a flight simulator, flight 

training device, or aviation training 

device. 

(iv) Use of night vision goggles in an 

aircraft in flight, in a flight simulator, or 

in a flight training device. 

* * * * * 

(e) * * * 

(1) A sport, recreational, private, 

commercial, or airline transport pilot 

may log pilot in command flight time 

for flights- 

(i) When the pilot is the sole 

manipulator of the controls of an aircraft 

for which the pilot is rated, or has sport 

pilot privileges for that category and 

class of aircraft, if the aircraft class 

rating is appropriate; 

(ii) When the pilot is the sole 

occupant in the aircraft; 

(iii) When the pilot, except for a 

holder of a sport or recreational pilot 

certificate, acts as pilot in command of 

an aircraft for which more than one 

pilot is required under the type 

certification of the aircraft or the 

regulations under which the flight is 

conducted; or 

(iv) When the pilot performs the 

duties of pilot in command while under 

the supervision of a qualified pilot in 

command provided— 

(A) The pilot performing the duties of 

pilot in command holds a commercial 

or airline transport pilot certificate and 

aircraft rating that is appropriate to the 

category and class of aircraft being 

flown, if a class rating is appropriate; 

(B) The pilot performing the duties of 

pilot in command is undergoing an 

approved pilot in command training 

program that includes ground and flight 

training on the following areas of 

operation— 

(1) Preflight preparation; 

(2) Preflight procedures; 

(3) Takeoff and departure; 

(4) In-flight maneuvers; 

(5) Instrument procedures; 

(6) Landings and approaches to 

landings; 

(7) Normal and abnormal procedures; 

(8) Emergency procedures; and 

(9) Postflight procedures; 

(C) The supervising pilot in command 

holds— 

(1) A commercial pilot certificate and 

flight instructor certificate, and aircraft 


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rating that is appropriate to the category, 

class, and type of aircraft being flown, 

if a class or type rating is required; or 

(2) An airline transport pilot 

certificate and aircraft rating that is 

appropriate to the category, class, and 

type of aircraft being flown, if a class or 

type rating is required; and 

(D) The supervising pilot in command 

logs the pilot in command training in 

the pilot’s logbook, certifies the pilot in 

command training in the pilot’s logbook 

and attests to that certification with his 

or her signature, and flight instructor 

certificate number. 

(2) If rated to act as pilot in command 

of the aircraft, an airline transport pilot 

may log all flight time while acting as 

pilot in command of an operation 

requiring an airline transport pilot 

certificate. 

(3) A certificated flight instructor may 

log pilot in command flight time for all 

flight time while serving as the 

authorized instructor in an operation if 

the instructor is rated to act as pilot in 

command of that aircraft. 

(4) * * * 

(ii) Has a solo flight endorsement as 

required under § 61.87 of this part; and 

* * * * * 

(g) Logging instrument time. * * * 

* * * * * 

(4) A person can use time in a flight 

simulator, flight training device, or 

aviation training device for acquiring 

instrument aeronautical experience for a 

pilot certificate, rating, or instrument 

recency experience, provided an 

authorized instructor is present to 

observe that time and signs the person’s 

logbook or training record to verify the 

time and the content of the training 

session. 

* * * * * 

(j) Aircraft requirements for logging 

flight time. For a person to log flight 

time, the time must be acquired in an 

aircraft that is identified as an aircraft 

under § 61.5(b), and is— 

(1) An aircraft of U.S. registry with 

either a standard or special 

airworthiness certificate; 

(2) An aircraft of foreign registry with 

an airworthiness certificate that is 

approved by the aviation authority of a 

foreign country that is a Member State 

to the Convention on International Civil 

Aviation Organization; 

(3) A military aircraft under the direct 

operational control of the U.S. Armed 

Forces; or 

(4) A public aircraft under the direct 

operational control of a Federal, State, 

county, or municipal law enforcement 

agency, if the flight time was acquired 

by the pilot while engaged on an official 

law enforcement flight for a Federal, 

State, County, or Municipal law 

enforcement agency. 

(k) Logging night vision goggle time. 

(1) A person may log night vision goggle 

time only for the time the person uses 

night vision goggles as the primary 

visual reference of the surface and 

operates: 

(i) An aircraft during a night vision 

goggle operation; or 

(ii) A flight simulator or flight training 

device with the lighting system adjusted 

to represent the period beginning 1 hour 

after sunset and ending 1 hour before 

sunrise. 

(2) An authorized instructor may log 

night vision goggle time when that 

person conducts training using night 

vision goggles as the primary visual 

reference of the surface and operates: 

(i) An aircraft during a night goggle 

operation; or 

(ii) A flight simulator or flight training 

device with the lighting system adjusted 

to represent the period beginning 1 hour 

after sunset and ending 1 hour before 

sunrise. 

(3) To log night vision goggle time to 

meet the recent night vision goggle 

experience requirements under 

§ 61.57(f), a person must log the 

information required under § 61.51(b). 

■ 16. Amend § 61.53 by revising 

paragraphs (a) introductory text, (c)(1), 

and (c)(2) to read as follows: 

§ 61.53 Prohibition on operations during 

medical deficiency. 

(a) Operations that require a medical 

certificate. Except as provided for in 

paragraph (b) of this section, no person 

who holds a medical certificate issued 

under part 67 of this chapter may act as 

pilot in command, or in any other 

capacity as a required pilot flight 

crewmember, while that person: 

* * * * * 

(c) * * * 

(1) Paragraph (a) of this section if that 

person holds a medical certificate 

issued under part 67 of this chapter and 

does not hold a U.S. driver’s license. 

(2) Paragraph (b) of this section if that 

person holds a U.S. driver’s license. 

* * * * * 

■ 17. Amend § 61.55 by revising 

paragraph (a)(1) to read as follows: 

§ 61.55 Second in command qualifications. 

(a) * * * 

(1) At least a private pilot certificate 

with the appropriate category and class 

rating; and 

* * * * * 

■ 18. Amend § 61.56 by revising 

paragraph (f) to read as follows: 

§ 61.56 Flight review. 

* * * * * 

(f) A person who holds a flight 

instructor certificate and who has, 

within the period specified in paragraph 

(c) of this section, satisfactorily 

completed a renewal of a flight 

instructor certificate under the 

provisions in § 61.197 need not 

accomplish the one hour of ground 

training specified in paragraph (a) of 

this section. 

* * * * * 

■ 19. Amend § 61.57 by revising 

paragraphs (c) and (d); and adding new 

paragraphs (f) and (g) to read as follows: 

§ 61.57 Recent flight experience: Pilot in 

command. 

* * * * * 

(c) Instrument experience. Except as 

provided in paragraph (e) of this 

section, a person may act as pilot in 

command under IFR or weather 

conditions less than the minimums 

prescribed for VFR only if: 

(1) Use of an airplane, powered-lift, 

helicopter, or airship for maintaining 

instrument experience. Within the 6 

calendar months preceding the month of 

the flight, that person performed and 

logged at least the following tasks and 

iterations in an airplane, powered-lift, 

helicopter, or airship, as appropriate, for 

the instrument rating privileges to be 

maintained in actual weather 

conditions, or under simulated 

conditions using a view-limiting device 

that involves having performed the 

following— 

(i) Six instrument approaches. 

(ii) Holding procedures and tasks. 

(iii) Intercepting and tracking courses 

through the use of navigational 

electronic systems. 

(2) Use of a flight simulator or flight 

training device for maintaining 

instrument experience. Within the 6 

calendar months preceding the month of 

the flight, that person performed and 

logged at least the following tasks and 

iterations in a flight simulator or flight 

training device, provided the flight 

simulator or flight training device 

represents the category of aircraft for the 

instrument rating privileges to be 

maintained and involves having 

performed the following— 

(i) Six instrument approaches. 

(ii) Holding procedures and tasks. 

(iii) Intercepting and tracking courses 

through the use of navigational 

electronic systems. 

(3) Use of an aviation training device 

for maintaining instrument experience. 

Within the 2 calendar months preceding 

the month of the flight, that person 

performed and logged at least the 

following tasks, iterations, and time in 

an aviation training device and has 

performed the following— 


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(i) Three hours of instrument 

experience. 

(ii) Holding procedures and tasks. 

(iii) Six instrument approaches. 

(iv) Two unusual attitude recoveries 

while in a descending, Vne airspeed 

condition and two unusual attitude 

recoveries while in an ascending, stall 

speed condition. 

(v) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(4) Combination of completing 

instrument experience in an aircraft and 

a flight simulator, flight training device, 

and aviation training device. A person 

who elects to complete the instrument 

experience with a combination of an 

aircraft, flight simulator or flight 

training device, and aviation training 

device must have performed and logged 

the following within the 6 calendar 

months preceding the month of the 

flight— 

(i) Instrument experience in an 

airplane, powered-lift, helicopter, or 

airship, as appropriate, for the 

instrument rating privileges to be 

maintained, performed in actual 

weather conditions, or under simulated 

weather conditions while using a viewlimiting device, on the following 

instrument currency tasks: 

(A) Instrument approaches. 

(B) Holding procedures and tasks. 

(C) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(ii) Instrument experience in a flight 

simulator or flight training device that 

represents the category of aircraft for the 

instrument rating privileges to be 

maintained and involves performing at 

least the following tasks— 

(A) Instrument approaches. 

(B) Holding procedures and tasks. 

(C) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(iii) Instrument experience in an 

aviation training device that represents 

the category of aircraft for the 

instrument rating privileges to be 

maintained and involves performing at 

least the following tasks— 

(A) Six instrument approaches. 

(B) Holding procedures and tasks. 

(C) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(5) Combination of completing 

instrument experience in a flight 

simulator or flight training device, and 

an aviation training device. A person 

who elects to complete the instrument 

experience with a combination of a 

flight simulator, flight training device, 

and aviation training device must have 

performed the following within the 6 

calendar months preceding the month of 

the flight— 

(i) Instrument recency experience in a 

flight simulator or flight training device 

that represents the category of aircraft 

for the instrument rating privileges to be 

maintained and involves having 

performed the following tasks: 

(A) Six instrument approaches. 

(B) Holding procedures and tasks. 

(C) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(ii) Three hours of instrument 

experience in an aviation training 

device that represents the category of 

aircraft for the instrument rating 

privileges to be maintained and involves 

performing at least the following tasks— 

(A) Six instrument approaches. 

(B) Holding procedures and tasks. 

(C) Interception and tracking courses 

through the use of navigational 

electronic systems. 

(D) Two unusual attitude recoveries 

while in a descending, Vne airspeed 

condition and two unusual attitude 

recoveries while in an ascending, stall 

speed condition. 

(6) Maintaining instrument recent 

experience in a glider. 

(i) Within the 6 calendar months 

preceding the month of the flight, that 

person must have performed and logged 

at least the following instrument 

currency tasks, iterations, and flight 

time, and the instrument currency must 

have been performed in actual weather 

conditions or under simulated weather 

conditions— 

(A) One hour of instrument flight time 

in a glider or in a single engine airplane 

using a view-limiting device while 

performing interception and tracking 

courses through the use of navigation 

electronic systems. 

(B) Two hours of instrument flight 

time in a glider or a single engine 

airplane with the use of a view-limiting 

device while performing straight glides, 

turns to specific headings, steep turns, 

flight at various airspeeds, navigation, 

and slow flight and stalls. 

(ii) Before a pilot is allowed to carry 

a passenger in a glider under IFR or in 

weather conditions less than the 

minimums prescribed for VFR, that 

pilot must— 

(A) Have logged and performed 2 

hours of instrument flight time in a 

glider within the 6 calendar months 

preceding the month of the flight. 

(B) Use a view-limiting-device while 

practicing performance maneuvers, 

performance airspeeds, navigation, slow 

flight, and stalls. 

(d) Instrument proficiency check. 

Except as provided in paragraph (e) of 

this section, a person who does not meet 

the instrument experience requirements 

of paragraph (c) of this section within 

the 12 calendar months preceding the 

month of the flight may not serve as 

pilot in command under IFR or in 

weather conditions less than the 

minimums prescribed for VFR until 

having passed an instrument 

proficiency check that consists of the 

areas of operation and instrument tasks 

required in the instrument rating 

practical test standards. 

* * * * * 

(f) Night vision goggle operating 

experience. (1) A person may act as pilot 

in command in a night vision goggle 

operation with passengers on board only 

if, within 2 calendar months preceding 

the month of the flight, that person 

performs and logs the following tasks as 

the sole manipulator of the controls on 

a flight during a night vision goggle 

operation— 

(i) Three takeoffs and three landings, 

with each takeoff and landing including 

a climbout, cruise, descent, and 

approach phase of flight (only required 

if the pilot wants to use night vision 

goggles during the takeoff and landing 

phases of the flight). 

(ii) Three hovering tasks (only 

required if the pilot wants to use night 

vision goggles when operating 

helicopters or powered-lifts during the 

hovering phase of flight). 

(iii) Three area departure and area 

arrival tasks. 

(iv) Three tasks of transitioning from 

aided night flight (aided night flight 

means that the pilot uses night vision 

goggles to maintain visual surface 

reference) to unaided night flight 

(unaided night flight means that the 

pilot does not use night vision goggles) 

and back to aided night flight. 

(v) Three night vision goggle 

operations, or when operating 

helicopters or powered-lifts, six night 

vision goggle operations. 

(2) A person may act as pilot in 

command using night vision goggles 

only if, within the 4 calendar months 

preceding the month of the flight, that 

person performs and logs the tasks 

listed in paragraph (f)(1)(i) through (v) 

of this section as the sole manipulator 

of the controls during a night vision 

goggle operation. 

(g) Night vision goggle proficiency 

check. A person must either meet the 

night vision goggle experience 

requirements of paragraphs (f)(1) or 

(f)(2) of this section or pass a night 

vision goggle proficiency check to act as 

pilot in command using night vision 

goggles. The proficiency check must be 

performed in the category of aircraft that 

is appropriate to the night vision goggle 


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operation for which the person is 

seeking the night vision goggle privilege 

or in a flight simulator or flight training 

device that is representative of that 

category of aircraft. The check must 

consist of the tasks listed in § 61.31(k), 

and the check must be performed by: 

(1) An Examiner who is qualified to 

perform night vision goggle operations 

in that same aircraft category and class; 

(2) A person who is authorized by the 

U.S. Armed Forces to perform night 

vision goggle proficiency checks, 

provided the person being administered 

the check is also a member of the U.S. 

Armed Forces; 

(3) A company check pilot who is 

authorized to perform night vision 

goggle proficiency checks under parts 

121, 125, or 135 of this chapter, 

provided that both the check pilot and 

the pilot being tested are employees of 

that operator; 

(4) An authorized flight instructor 

who is qualified to perform night vision 

goggle operations in that same aircraft 

category and class; 

(5) A person who is qualified as pilot 

in command for night vision goggle 

operations in accordance with 

paragraph (f) of this section; or 

(6) A person approved by the FAA to 

perform night vision goggle proficiency 

checks. 

■ 20. Revise § 61.63 to read as follows: 

§ 61.63 Additional aircraft ratings (other 

than for ratings at the airline transport pilot 

certification level). 

(a) General. For an additional aircraft 

rating on a pilot certificate, other than 

for an airline transport pilot certificate, 

a person must meet the requirements of 

this section appropriate to the 

additional aircraft rating sought. 

(b) Additional aircraft category rating. 

A person who applies to add a category 

rating to a pilot certificate: 

(1) Must complete the training and 

have the applicable aeronautical 

experience. 

(2) Must have a logbook or training 

record endorsement from an authorized 

instructor attesting that the person was 

found competent in the appropriate 

aeronautical knowledge areas and 

proficient in the appropriate areas of 

operation. 

(3) Must pass the practical test. 

(4) Need not take an additional 

knowledge test if the person holds an 

airplane, rotorcraft, powered-lift, or 

airship rating at that pilot certificate 

level. 

(c) Additional aircraft class rating. A 

person who applies for an additional 

class rating on a pilot certificate: 

(1) Must have a logbook or training 

record endorsement from an authorized 

instructor attesting that the person was 

found competent in the appropriate 

aeronautical knowledge areas and 

proficient in the appropriate areas of 

operation. 

(2) Must pass the practical test. 

(3) Need not meet the specified 

training time requirements prescribed 

by this part that apply to the pilot 

certificate for the aircraft class rating 

sought; unless, the person only holds a 

lighter-than-air category rating with a 

balloon class rating and is seeking an 

airship class rating, then that person 

must receive the specified training time 

requirements and possess the 

appropriate aeronautical experience. 

(4) Need not take an additional 

knowledge test if the person holds an 

airplane, rotorcraft, powered-lift, or 

airship rating at that pilot certificate 

level. 

(d) Additional aircraft type rating. 

Except as provided under paragraph 

(d)(6) of this section, a person who 

applies for an aircraft type rating or an 

aircraft type rating to be completed 

concurrently with an aircraft category or 

class rating— 

(1) Must hold or concurrently obtain 

an appropriate instrument rating, except 

as provided in paragraph (e) of this 

section. 

(2) Must have a logbook or training 

record endorsement from an authorized 

instructor attesting that the person is 

competent in the appropriate 

aeronautical knowledge areas and 

proficient in the appropriate areas of 

operation at the airline transport pilot 

certification level. 

(3) Must pass the practical test at the 

airline transport pilot certification level. 

(4) Must perform the practical test in 

actual or simulated instrument 

conditions, except as provided in 

paragraph (e) of this section. 

(5) Need not take an additional 

knowledge test if the applicant holds an 

airplane, rotorcraft, powered-lift, or 

airship rating on the pilot certificate. 

(6) In the case of a pilot employee of 

a part 121 or part 135 certificate holder 

or of a fractional ownership program 

manager under subpart K of part 91 of 

this chapter, the pilot must— 

(i) Meet the appropriate requirements 

under paragraphs (d)(1), (d)(3), and 

(d)(4) of this section; and 

(ii) Receive a flight training record 

endorsement from the certificate holder 

attesting that the person completed the 

certificate holder’s approved ground 

and flight training program. 

(e) Aircraft not capable of instrument 

maneuvers and procedures. (1) An 

applicant for a type rating or a type 

rating in addition to an aircraft category 

and/or class rating who provides an 

aircraft that is not capable of the 

instrument maneuvers and procedures 

required on the practical test: 

(i) May apply for the type rating, but 

the rating will be limited to ‘‘VFR only.’’ 

(ii) May have the ‘‘VFR only’’ 

limitation removed for that aircraft type 

after the applicant: 

(A) Passes a practical test in that type 

of aircraft in actual or simulated 

instrument conditions; 

(B) Passes a practical test in that type 

of aircraft on the appropriate instrument 

maneuvers and procedures in § 61.157; 

or 

(C) Becomes qualified under 

§ 61.73(d) for that type of aircraft. 

(2) When an instrument rating is 

issued to a person who holds one or 

more type ratings, the amended pilot 

certificate must bear the ‘‘VFR only’’ 

limitation for each aircraft type rating 

that the person did not demonstrate 

instrument competency. 

(f) Multiengine airplane with a singlepilot station. An applicant for a type 

rating, at other than the ATP 

certification level, in a multiengine 

airplane with a single-pilot station must 

perform the practical test in the multiseat version of that airplane, or the 

practical test may be performed in the 

single-seat version of that airplane if the 

Examiner is in a position to observe the 

applicant during the practical test and 

there is no multi-seat version of that 

multiengine airplane. 

(g) Single engine airplane with a 

single-pilot station. An applicant for a 

type rating, at other than the ATP 

certification level, in a single engine 

airplane with a single-pilot station must 

perform the practical test in the multiseat version of that single engine 

airplane, or the practical test may be 

performed in the single-seat version of 

that airplane if the Examiner is in a 

position to observe the applicant during 

the practical test and there is no multiseat version of that single engine 

airplane. 

(h) Aircraft category and class rating 

for the operation of aircraft with an 

experimental certificate. A person 

holding a recreational, private, or 

commercial pilot certificate may apply 

for a category and class rating limited to 

a specific make and model of 

experimental aircraft, provided— 

(1) The person logged 5 hours flight 

time while acting as pilot in command 

in the same category, class, make, and 

model of aircraft. 

(2) The person received a logbook 

endorsement from an authorized 

instructor who determined the pilot’s 

proficiency to act as pilot in command 

of the same category, class, make, and 

model of aircraft. 


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(3) The flight time specified under 

paragraph (h)(1) of this section was 

logged between September 1, 2004 and 

August 31, 2005. 

(i) Waiver authority. An Examiner 

who conducts a practical test may waive 

any task for which the FAA has 

provided waiver authority. 

■ 21. Add a new § 61.64 to read as 

follows: 

§ 61.64 Use of a flight simulator and flight 

training device. 

(a) Use of a flight simulator for the 

airplane rating. If an applicant uses a 

flight simulator for training or the 

practical test for an airplane category, 

class, or type rating— 

(1) The flight simulator— 

(i) Must represent the category, class, 

and type of airplane rating (if a type 

rating is applicable) for the rating 

sought; 

(ii) Must be used in accordance with 

an approved course of training under 

part 141 or part 142 of this chapter; or 

under part 121 or part 135 of this 

chapter, provided the applicant is a 

pilot employee of that air carrier 

operator; 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs any 

portion of the practical test in the flight 

simulator; and 

(iv) At a minimum, must be qualified 

and approved as a Level A flight 

simulator if the applicant uses the flight 

simulator for any training; 

(2) If the type rating is for a turbojet 

airplane, the applicant must— 

(i) Hold a type rating in a turbojet 

airplane of the same class of airplane, 

and that type rating may not contain a 

supervised operating experience 

limitation; 

(ii) Have 1,000 hours of flight time in 

two different turbojet airplanes of the 

same class of airplane; 

(iii) Have been appointed by the U.S. 

Armed Forces as pilot in command in 

a turbojet airplane of the same class of 

airplane; or 

(iv) Have 500 hours of flight time in 

the same type of airplane. 

(3) If the type rating is for a turbo 

propeller airplane, the applicant must— 

(i) Hold a type rating in a turbopropeller airplane of the same class of 

airplane, and that type rating may not 

contain a supervised operating 

experience limitation; 

(ii) Have 1,000 hours of flight time in 

two different turbo-propeller airplanes 

of the same class of airplane; 

(iii) Have been appointed by the U.S. 

Armed Forces as pilot in command in 

a turbo-propeller airplane of the same 

class of airplane; or 

(iv) Have 500 hours of flight time in 

the same type of airplane. 

(4) If the applicant does not meet the 

requirements of paragraph (a)(2) or (a)(3) 

of this section, then— 

(i) The applicant must complete the 

following tasks on the practical test in 

the airplane of the category, class, and 

type of airplane rating (if a type rating 

is applicable) for which the airplane 

rating applies: preflight inspection, 

normal takeoff, normal instrument 

landing system approach, missed 

approach, and normal landing. 

(ii) After passing the practical test, the 

applicant’s pilot certificate must state: 

‘‘The [name the category, class, and type 

of airplane rating (if a type rating is 

applicable)] is subject to additional pilot 

in command limitations,’’ and the 

applicant is restricted from serving as 

pilot in command in that category, class, 

and type of airplane rating (if a type 

rating is applicable). 

(iii) The limitation described under 

paragraph (a)(4)(ii) of this section may 

be removed from the applicant’s pilot 

certificate if the applicant— 

(A) Logs 25 hours of flight time in the 

category and class of airplane for the 

rating sought, and if a type rating is 

being sought, the flight time must be 

performed in the same type of airplane 

for the type rating sought; 

(B) Performs 25 hours of flight time 

under the direct observation of the pilot 

in command who holds the appropriate 

airplane category, class, and type rating, 

without limitations, in the same 

category, class, and type of airplane 

rating, if a type rating is applicable; 

(C) Logs each flight and the pilot in 

command who observed the flight 

attests to each flight; 

(D) Obtains the flight time while in 

the pilot in command seat of the 

appropriate airplane category, class, and 

type, if a type rating is appropriate; and 

(E) Has an Examiner review the pilot 

logbook and endorse that logbook, 

attesting to compliance with the 

required supervised operating 

experience. 

(b) Use of a flight training device for 

the airplane rating. If an applicant uses 

a flight training device for training for 

the airplane category, class, or type 

rating, the applicant must meet the 

requirements of paragraph (a)(2), (a)(3) 

or (a)(4) of this section, and the flight 

training device— 

(1) Must represent the category, class, 

and type of airplane rating (if a type 

rating is applicable) for the rating. 

(2) Must be used in accordance with 

an approved course of training under 

part 141 or part 142 of this chapter, or 

under part 121 or part 135 of this 

chapter, provided the applicant is a 

pilot employee of that air carrier 

operator. 

(3) Must be qualified and approved at 

or above a Level 2 flight training device 

if the applicant completes the entire 

practical test in the airplane. 

(4) Must be qualified and approved at 

or above a Level 5 flight training device 

if the applicant uses a flight simulator 

for any portion of the practical test. 

(c) Use of a flight simulator for the 

helicopter rating. If an applicant uses a 

flight simulator for training or the 

practical test for the helicopter class or 

type rating, 

(1) The flight simulator— 

(i) Must represent the class and type 

of helicopter rating (if a type rating is 

applicable) for the rating; 

(ii) Must be used in accordance with 

an approved course of training under 

part 141 or part 142 of this chapter, or 

under part 135 of this chapter, provided 

the applicant is a pilot employee of that 

part 135 operator; 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs any 

portion of the practical test in a flight 

simulator; and 

(iv) At a minimum, must be qualified 

and approved as a Level A flight 

simulator if the applicant uses a flight 

simulator for any training. 

(2) The applicant must meet one of 

the following requirements— 

(i) Hold a type rating in a helicopter 

and that type rating may not contain the 

supervised operating experience 

limitation; 

(ii) Have been appointed by the U.S. 

Armed Forces as pilot in command of a 

helicopter; 

(iii) Have 500 hours of flight time in 

the type of helicopter; or 

(iv) Have 1,000 hours of flight time in 

two different types of helicopters. 

(3) If the applicant does not meet any 

of the requirements of paragraph (c)(2) 

of this section, then— 

(i) The applicant must complete the 

following tasks on the practical test in 

the helicopter class and type rating (if 

a type rating is applicable) for which the 

rating applies: preflight inspection, 

normal takeoff, normal instrument 

landing system approach, missed 

approach, and normal landing. 

(ii) After passing the practical test, the 

applicant’s pilot certificate must state: 

‘‘The [name the helicopter class, and 

type of helicopter rating (if a type rating 

is applicable)] rating is subject to 

additional pilot in command 

limitations,’’ and the applicant is 

restricted from serving as pilot in 

command in that helicopter class and 

type of helicopter rating (if a type rating 

is applicable). 


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42554 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

(iii) The limitation described under 

paragraph (c)(3)(ii) of this section may 

be removed from the pilot certificate if 

the applicant complies with the 

following— 

(A) Logs 25 hours of flight time in the 

class of helicopter for the rating sought, 

if the person applied for a type rating, 

the flight time must be performed in the 

same type of helicopter for the type 

rating sought; 

(B) Performs the 25 hours of flight 

time under the direct observation of the 

pilot in command who holds the 

appropriate class and type of helicopter 

rating (if a type rating is applicable), 

without limitations, in the same class, 

and type of helicopter rating, if a type 

rating is applicable; 

(C) Logs each flight and the pilot in 

command who observed the flight 

attests to each flight; 

(D) Performs the flight time while in 

the pilot in command seat of the 

appropriate class and type of helicopter 

rating, if a type rating is appropriate; 

and 

(E) Has an Examiner review the pilot 

logbook and endorse that logbook, 

attesting to compliance with the 

required supervised operating 

experience. 

(d) Use of a flight training device for 

the helicopter rating. If an applicant 

uses a flight training device for training 

for the helicopter class or type rating, 

the applicant must meet the 

requirements of either paragraph (c)(2) 

or (3) of this section and the flight 

training device— 

(1) Must represent the class and type 

of helicopter rating (if a type rating is 

applicable) for the rating. 

(2) Must be used in accordance with 

an approved course of training under 

part 141 or part 142 of this chapter, or 

under part 135 of this chapter, provided 

the applicant is a pilot employee of that 

part 135 operator. 

(3) Must be qualified and approved at 

or above a Level 2 flight training device 

if the applicant completes the entire 

practical test in the helicopter. 

(4) Must be qualified and approved at 

or above a Level 5 flight training device 

if the applicant uses a flight simulator 

for any portion of the practical test. 

(e) Use of a flight simulator for the 

powered-lift rating. If an applicant uses 

a flight simulator for training or the 

practical test for the powered-lift 

category or type rating— 

(1) The flight simulator— 

(i) Must represent the category and 

type of powered-lift rating (if a type 

rating is applicable) for the rating; 

(ii) Must be used in accordance with 

an approved course of training under 

part 141 or part 142 of this chapter, or 

under part 121 or part 135 of this 

chapter, provided the applicant is a 

pilot employee of that air carrier 

operator; 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs any 

portion of the practical test in a flight 

simulator; and 

(iv) At a minimum, must be qualified 

and approved as a Level A flight 

simulator if the applicant uses a flight 

simulator for any training. 

(2) The applicant must meet one of 

the following requirements— 

(i) Hold a type rating in a poweredlift without a supervised operating 

experience limitation; 

(ii) Have been appointed by the U.S. 

Armed Forces as pilot in command of a 

powered-lift; 

(iii) Have 500 hours of flight time in 

the type of powered-lift; or 

(iv) Have 1,000 hours of flight time in 

two different types of powered-lifts. 

(3) If the applicant does not meet any 

of the requirements of paragraph (e)(2) 

of this section, then— 

(i) The applicant must complete the 

following tasks on the practical test in 

the powered-lift of the category and type 

of powered-lift rating (if a type rating is 

applicable) for which the rating applies: 

preflight inspection, normal takeoff, 

normal instrument landing system 

approach, missed approach, and normal 

landing. 

(ii) After passing the practical test, the 

applicant’s pilot certificate must state: 

‘‘The [name of the category and type of 

powered-lift rating (if a type rating is 

applicable)] rating is subject to 

additional pilot in command 

limitations,’’ and that applicant is 

restricted from serving as pilot in 

command in that category and type of 

powered-lift rating (if a type rating is 

applicable). 

(iii) The limitation described under 

paragraph (e)(3)(ii) of this section may 

be removed from the pilot certificate if 

the applicant complies with the 

following— 

(A) Logs 25 hours of flight time in the 

powered-lift category for the rating 

sought, and if a type rating is being 

sought, the flight time must be 

performed in the same type of poweredlift for the type rating sought; 

(B) Performs the 25 hours flight time 

under the direct observation of the pilot 

in command who holds the category 

and type of powered-lift rating (if a type 

rating is applicable), without 

limitations, in the same category and 

type of powered-lift rating, if a type 

rating is applicable; 

(C) Logs each flight and the pilot in 

command who observed the flight 

attests to each flight; 

(D) Performs the flight time while in 

the pilot in command seat of the 

appropriate category and type of 

powered-lift rating, if a type rating is 

appropriate; and 

(E) Has an Examiner review the pilot 

logbook and endorse that logbook, 

attesting to compliance with the 

required supervised operating 

experience. 

(f) Use of a flight training device for 

the powered-lift rating. Whenever an 

applicant uses a flight training device 

for training for the powered-lift category 

or type rating, the flight training device 

must meet the following requirements, 

and the applicant must meet the 

requirements of either paragraph (e)(2) 

or (e)(3) of this section. 

(1) The flight training device must 

represent the class and type of poweredlift rating (if a type rating is applicable) 

for the rating. 

(2) The flight training device must be 

used in accordance with an approved 

course of training under part 141 or part 

142 of this chapter; or under part 121 or 

part 135 of this chapter, provided the 

applicant is a pilot employee of that air 

carrier operator. 

(3) If the applicant completes the 

entire practical test in the powered-lift, 

the flight training device used for 

training must be qualified and approved 

at or above a Level 2 flight training 

device. 

(4) If an applicant uses a flight 

simulator for any portion of the 

practical test, the flight training device 

used for training must be qualified and 

approved at or above a Level 5 flight 

training device. 

■ 22. Amend § 61.65 by: 

■ a. Revising paragraph (a)(1); 

■ b. Revising paragraph (d); 

■ c. Redesignating existing paragraph (e) 

as paragraph (g); 

■ d. Adding new paragraphs (e), (f), and 

(h); and 

■ e. Revising newly re-designated 

paragraph (g). 

The revisons and additions read as 

follows: 

§ 61.65 Instrument rating requirements. 

(a) * * * 

(1) Hold at least a private pilot 

certificate with an airplane, helicopter, 

or powered-lift rating appropriate to the 

instrument rating sought; 

* * * * * 

(d) Aeronautical experience for the 

instrument-airplane rating. A person 

who applies for an instrument-airplane 

rating must have logged: 


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Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42555 

(1) Fifty hours of cross country flight 

time as pilot in command, of which 10 

hours must have been in an airplane; 

and 

(2) Forty hours of actual or simulated 

instrument time in the areas of 

operation listed in paragraph (c) of this 

section, of which 15 hours must have 

been received from an authorized 

instructor who holds an instrumentairplane rating, and the instrument time 

includes: 

(i) Three hours of instrument flight 

training from an authorized instructor in 

an airplane that is appropriate to the 

instrument-airplane rating within 2 

calendar months before the date of the 

practical test; and 

(ii) Instrument flight training on cross 

country flight procedures, including one 

cross country flight in an airplane with 

an authorized instructor, that is 

performed under instrument flight rules, 

when a flight plan has been filed with 

an air traffic control facility, and that 

involves— 

(A) A flight of 250 nautical miles 

along airways or by directed routing 

from an air traffic control facility; 

(B) An instrument approach at each 

airport; and 

(C) Three different kinds of 

approaches with the use of navigation 

systems. 

(e) Aeronautical experience for the 

instrument-helicopter rating. A person 

who applies for an instrumenthelicopter rating must have logged: 

(1) Fifty hours of cross country flight 

time as pilot in command, of which 10 

hours must have been in a helicopter; 

and 

(2) Forty hours of actual or simulated 

instrument time in the areas of 

operation listed under paragraph (c) of 

this section, of which 15 hours must 

have been with an authorized instructor 

who holds an instrument-helicopter 

rating, and the instrument time 

includes: 

(i) Three hours of instrument flight 

training from an authorized instructor in 

a helicopter that is appropriate to the 

instrument-helicopter rating within 2 

calendar months before the date of the 

practical test; and 

(ii) Instrument flight training on cross 

country flight procedures, including one 

cross country flight in a helicopter with 

an authorized instructor that is 

performed under instrument flight rules 

and a flight plan has been filed with an 

air traffic control facility, and 

involves— 

(A) A flight of 100 nautical miles 

along airways or by directed routing 

from an air traffic control facility; 

(B) An instrument approach at each 

airport; and 

(C) Three different kinds of 

approaches with the use of navigation 

systems. 

(f) Aeronautical experience for the 

instrument-powered-lift rating. A person 

who applies for an instrument-poweredlift rating must have logged: 

(1) Fifty hours of cross country flight 

time as pilot in command, of which 10 

hours cross country must have been in 

a powered-lift; and 

(2) Forty hours of actual or simulated 

instrument time in the areas of 

operation listed under paragraph (c) of 

this section, of which 15 hours must 

have been received from an authorized 

instructor who holds an instrumentpowered-lift rating, and the instrument 

time includes: 

(i) Three hours of instrument flight 

training from an authorized instructor in 

a powered-lift that is appropriate to the 

instrument-powered-lift rating within 2 

calendar months before the date of the 

practical test; and 

(ii) Instrument flight training on cross 

country flight procedures, including one 

cross country flight in a powered-lift 

with an authorized instructor that is 

performed under instrument flight rules, 

when a flight plan has been filed with 

an air traffic control facility, that 

involves— 

(A) A flight of 250 nautical miles 

along airways or by directed routing 

from an air traffic control facility; 

(B) An instrument approach at each 

airport; and 

(C) Three different kinds of 

approaches with the use of navigation 

systems. 

(g) Use of flight simulators or flight 

training devices. If the instrument time 

was provided by an authorized 

instructor in a flight simulator or flight 

training device— 

(1) A maximum of 30 hours may be 

performed in that flight simulator or 

flight training device if the instrument 

time was completed in accordance with 

part 142 of this chapter; or 

(2) A maximum of 20 hours may be 

performed in that flight simulator or 

flight training device if the instrument 

time was not completed in accordance 

with part 142 of this chapter. 

(h) Use of an aviation training device. 

A maximum of 10 hours of instrument 

time received in an aviation training 

device may be credited for the 

instrument time requirements of this 

section if— 

(1) The device is approved and 

authorized by the FAA; 

(2) An authorized instructor provides 

the instrument time in the device; 

(3) No more than 10 hours of 

instrument time in a flight simulator or 

flight training device was credited for 

the instrument time requirements of this 

section; 

(4) A view-limiting device was worn 

by the applicant when logging 

instrument time in the device; and 

(5) The FAA approved the instrument 

training and instrument tasks performed 

in the device. 

■ 23. Amend § 61.69 by revising 

paragraphs (a)(1), (a)(4), and (a)(6) 

introductory text to read as follows: 

§ 61.69 Glider and unpowered ultralight 

vehicle towing: Experience and training 

requirements. 

(a) * * * 

(1) Holds a private, commercial or 

airline transport pilot certificate with a 

category rating for powered aircraft; 

* * * * * 

(4) Except as provided in paragraph 

(b) of this section, has logged at least 

three flights as the sole manipulator of 

the controls of an aircraft while towing 

a glider or unpowered ultralight vehicle, 

or has simulated towing flight 

procedures in an aircraft while 

accompanied by a pilot who meets the 

requirements of paragraphs (c) and (d) 

of this section. 

* * * * * 

(6) Within 24 calendar months before 

the flight has— 

* * * * * 

■ 24. Revise § 61.73 to read as follows: 

§ 61.73 Military pilots or former military 

pilots: Special rules. 

(a) General. Except for a person who 

has been removed from flying status for 

lack of proficiency or because of a 

disciplinary action involving aircraft 

operations, a U.S. military pilot or 

former military pilot who meets the 

requirements of this section may apply, 

on the basis of his or her military pilot 

qualifications, for: 

(1) A commercial pilot certificate with 

the appropriate aircraft category and 

class rating. 

(2) An instrument rating with the 

appropriate aircraft rating. 

(3) A type rating. 

(b) Military pilots and former military 

pilots in the U.S. Armed Forces. A 

person who qualifies as a military pilot 

or former military pilot in the U.S. 

Armed Forces may apply for a pilot 

certificate and ratings under paragraph 

(a) of this section if that person— 

(1) Presents evidentiary documents 

described under paragraphs (h)(1), (2), 

and (3) of this section that show the 

person’s status in the U.S. Armed 

Forces. 

(2) Has passed the military 

competency aeronautical knowledge test 

on the appropriate parts of this chapter 


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42556 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

for commercial pilot privileges and 

limitations, air traffic and general 

operating rules, and accident reporting 

rules. 

(3) Presents official U.S. military 

records that show compliance with one 

of the following requirements— 

(i) Before the date of the application, 

passing an official U.S. military pilot 

and instrument proficiency check in a 

military aircraft of the kind of aircraft 

category, class, and type, if class or type 

of aircraft is applicable, for the ratings 

sought; or 

(ii) Before the date of application, 

logging 10 hours of pilot time as a 

military pilot in a U.S. military aircraft 

in the kind of aircraft category, class, 

and type, if a class rating or type rating 

is applicable, for the aircraft rating 

sought. 

(c) A military pilot in the Armed 

Forces of a foreign contracting State to 

the Convention on International Civil 

Aviation. A person who is a military 

pilot in the Armed Forces of a foreign 

contracting State to the Convention on 

International Civil Aviation and is 

assigned to pilot duties in the U.S. 

Armed Forces, for purposes other than 

receiving flight training, may apply for 

a commercial pilot certificate and 

ratings under paragraph (a) of this 

section, provided that person— 

(1) Presents evidentiary documents 

described under paragraph (h)(4) of this 

section that show the person is a 

military pilot in the Armed Forces of a 

foreign contracting State to the 

Convention on International Civil 

Aviation, and is assigned to pilot duties 

in the U.S. Armed Forces, for purposes 

other than receiving flight training. 

(2) Has passed the military 

competency aeronautical knowledge test 

on the appropriate parts of this chapter 

for commercial pilot privileges and 

limitations, air traffic and general 

operating rules, and accident reporting 

rules. 

(3) Presents official U.S. military 

records that show compliance with one 

of the following requirements: 

(i) Before the date of the application, 

passed an official U.S. military pilot and 

instrument proficiency check in a 

military aircraft of the kind of aircraft 

category, class, or type, if class or type 

of aircraft is applicable, for the ratings; 

or 

(ii) Before the date of the application, 

logged 10 hours of pilot time as a 

military pilot in a U.S. military aircraft 

of the kind of category, class, and type 

of aircraft, if a class rating or type rating 

is applicable, for the aircraft rating. 

(d) Instrument rating. A person who is 

qualified as a U.S. military pilot or 

former military pilot may apply for an 

instrument rating to be added to a pilot 

certificate if that person— 

(1) Has passed an instrument 

proficiency check in the U.S. Armed 

Forces in the aircraft category for the 

instrument rating sought; and 

(2) Has an official U.S. Armed Forces 

record that shows the person is 

instrument pilot qualified by the U.S. 

Armed Forces to conduct instrument 

flying on Federal airways in that aircraft 

category and class for the instrument 

rating sought. 

(e) Aircraft type rating. An aircraft 

type rating may only be issued for a type 

of aircraft that has a comparable civilian 

type designation by the Administrator. 

(f) Aircraft type rating placed on an 

airline transport pilot certificate. A 

person who is a military pilot or former 

military pilot of the U.S. Armed Forces 

and requests an aircraft type rating to be 

placed on an existing U.S. airline 

transport pilot certificate may be issued 

the rating at the airline transport pilot 

certification level, provided that person: 

(1) Holds a category and class rating 

for that type of aircraft at the airline 

transport pilot certification level; and 

(2) Has passed an official U.S. military 

pilot check and instrument proficiency 

check in that type of aircraft. 

(g) Flight instructor certificate and 

ratings. A person who can show official 

U.S. military documentation of being a 

U.S. military instructor pilot or U.S. 

military pilot examiner, or a former 

instructor pilot or pilot examiner may 

apply for and be issued a flight 

instructor certificate with the 

appropriate ratings if that person: 

(1) Holds a commercial or airline 

transport pilot certificate with the 

appropriate aircraft category and class 

rating, if a class rating is appropriate, for 

the flight instructor rating sought; 

(2) Holds an instrument rating, or has 

instrument privileges, on the pilot 

certificate that is appropriate to the 

flight instructor rating sought; and 

(3) Presents the following documents: 

(i) A knowledge test report that shows 

the person passed a knowledge test on 

the aeronautical knowledge areas listed 

under § 61.185(a) appropriate to the 

flight instructor rating sought and the 

knowledge test was passed within the 

preceding 24 calendar months prior to 

the month of application. If the U.S. 

military instructor pilot or pilot 

examiner already holds a flight 

instructor certificate, holding of a flight 

instructor certificate suffices for the 

knowledge test report. 

(ii) An official U.S. Armed Forces 

record or order that shows the person is 

or was qualified as a U.S. Armed Forces 

military instructor pilot or pilot 

examiner for the flight instructor rating 

sought. 

(iii) An official U.S. Armed Forces 

record or order that shows the person 

completed a U.S. Armed Forces’ 

instructor pilot or pilot examiner 

training course and received an aircraft 

rating qualification as a military 

instructor pilot or pilot examiner that is 

appropriate to the flight instructor rating 

sought. 

(iv) An official U.S. Armed Forces 

record or order that shows the person 

passed a U.S. Armed Forces instructor 

pilot or pilot examiner proficiency 

check in an aircraft as a military 

instructor pilot or pilot examiner that is 

appropriate to the flight instructor rating 

sought. 

(h) Documents for qualifying for a 

pilot certificate and rating. The 

following documents are required for a 

person to apply for a pilot certificate 

and rating: 

(1) An official U.S. Armed Forces 

record that shows the person is or was 

a military pilot. 

(2) An official U.S. Armed Forces 

record that shows the person graduated 

from a U.S. Armed Forces 

undergraduate pilot training school and 

received a rating qualification as a 

military pilot. 

(3) An official U.S. Armed Forces 

record that shows the pilot passed a 

pilot proficiency check and instrument 

proficiency check in an aircraft as a 

military pilot. 

(4) If a person is a military pilot in the 

Armed Forces from a foreign contracting 

State to the Convention on International 

Civil Aviation and is applying for a pilot 

certificate and rating, that person must 

present the following: 

(i) An official U.S. Armed Forces 

record that shows the person is a 

military pilot in the U.S. Armed Forces; 

(ii) An official U.S. Armed Forces 

record that shows the person is assigned 

as a military pilot in the U.S. Armed 

Forces for purposes other than receiving 

flight training; 

(iii) An official record that shows the 

person graduated from a military 

undergraduate pilot training school 

from the Armed Forces from a foreign 

contracting State to the Convention on 

International Civil Aviation or from the 

U.S. Armed Forces, and received a 

qualification as a military pilot; and 

(iv) An official U.S. Armed Forces 

record that shows that the person 

passed a pilot proficiency check and 

instrument proficiency check in an 

aircraft as a military pilot in the U.S. 

Armed Forces. 

■ 25. Amend § 61.75 by revising 

paragraphs (a), (b) introductory text, 


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(b)(2), (b)(3), (b)(4), (c), (d) introductory 

text, (e)(1), (f), and (g), and removing 

paragraph (e)(4). 

The revisions read as follows: 

§ 61.75 Private pilot certificate issued on 

the basis of a foreign pilot license. 

(a) General. A person who holds a 

foreign pilot license at the private pilot 

level or higher that was issued by a 

contracting State to the Convention on 

International Civil Aviation may apply 

for and be issued a U.S. private pilot 

certificate with the appropriate ratings if 

the foreign pilot license meets the 

requirements of this section. 

(b) Certificate issued. A U.S. private 

pilot certificate issued under this 

section must specify the person’s 

foreign license number and country of 

issuance. A person who holds a foreign 

pilot license issued by a contracting 

State to the Convention on International 

Civil Aviation may be issued a U.S. 

private pilot certificate based on the 

foreign pilot license without any further 

showing of proficiency, provided the 

applicant: 

* * * * * 

(2) Holds a foreign pilot license, at the 

private pilot license level or higher, that 

does not contain a limitation stating that 

the applicant has not met all of the 

standards of ICAO for that license; 

(3) Does not hold a U.S. pilot 

certificate other than a U.S. student 

pilot certificate; 

(4) Holds a medical certificate issued 

under part 67 of this chapter or a 

medical license issued by the country 

that issued the person’s foreign pilot 

license; and 

* * * * * 

(c) Aircraft ratings issued. Aircraft 

ratings listed on a person’s foreign pilot 

license, in addition to any issued after 

testing under the provisions of this part, 

may be placed on that person’s U.S. 

pilot certificate for private pilot 

privileges only. 

(d) Instrument ratings issued. A 

person who holds an instrument rating 

on the foreign pilot license issued by a 

contracting State to the Convention on 

International Civil Aviation may be 

issued an instrument rating on a U.S. 

pilot certificate provided: 

* * * * * 

(e) * * * 

(1) May act as pilot in command of a 

civil aircraft of the United States in 

accordance with the pilot privileges 

authorized by this part and the 

limitations placed on that U.S. pilot 

certificate; 

* * * * * 

(f) Limitation on licenses used as the 

basis for a U.S. certificate. A person 

may use only one foreign pilot license 

as a basis for the issuance of a U.S. pilot 

certificate. The foreign pilot license and 

medical certification used as a basis for 

issuing a U.S. pilot certificate under this 

section must be written in English or 

accompanied by an English 

transcription that has been signed by an 

official or representative of the foreign 

aviation authority that issued the 

foreign pilot license. 

(g) Limitation placed on a U.S. pilot 

certificate. A U.S. pilot certificate issued 

under this section can only be exercised 

when the pilot has the foreign pilot 

license, upon which the issuance of the 

U.S. pilot certificate was based, in the 

holder’s possession or readily accessible 

in the aircraft. 

■ 26. Amend § 61.77 by: 

■ a. Revising the section heading; 

■ b. Revising paragraphs (a)(2), (b)(1), 

(b)(2) introductory text, (b)(4); and (d); 

■ c. Removing paragraph (b)(5); and 

■ d. Redesignating paragraph (b)(6) as 

(b)(5). 

The revisions read as follows: 

§ 61.77 Special purpose pilot 

authorization: Operation of a civil aircraft of 

the United States and leased by a non-U.S. 

citizen. 

(a) * * * 

(2) For carrying persons or property 

for compensation or hire for operations 

in— 

(i) Scheduled international air 

services in turbojet-powered airplanes 

of U.S. registry; 

(ii) Scheduled international air 

services in airplanes of U.S. registry 

having a configuration of more than 

nine passenger seats, excluding 

crewmember seats; 

(iii) Nonscheduled international air 

transportation in airplanes of U.S. 

registry having a configuration of more 

than 30 passenger seats, excluding 

crewmember seats; or 

(iv) Scheduled international air 

services, or nonscheduled international 

air transportation, in airplanes of U.S. 

registry having a payload capacity of 

more than 7,500 pounds. 

(b) * * * 

(1) A foreign pilot license issued by 

the aeronautical authority of a 

contracting State to the Convention on 

International Civil Aviation that 

contains the appropriate aircraft 

category, class, type rating, if 

appropriate, and instrument rating for 

the aircraft to be flown; 

(2) A certification by the lessee of the 

aircraft— 

* * * * * 

(4) Documentation the applicant 

meets the medical standards for the 

issuance of the foreign pilot license 

from the aeronautical authority of that 

contracting State to the Convention on 

International Civil Aviation; and 

* * * * * 

(d) General limitations. A special 

purpose pilot authorization may be used 

only— 

(1) For flights between foreign 

countries or for flights in foreign air 

commerce within the time period 

allotted on the authorization. 

(2) If the foreign pilot license required 

by paragraph (b)(1) of this section, the 

medical documentation required by 

paragraph (b)(4) of this section, and the 

special purpose pilot authorization 

issued under this section are in the 

holder’s physical possession or 

immediately accessible in the aircraft. 

(3) While the holder is employed by 

the person to whom the aircraft 

described in the certification required 

by paragraph (b)(2) of this section is 

leased. 

(4) While the holder is performing 

pilot duties on the U.S.-registered 

aircraft described in the certification 

required by paragraph (b)(2) of this 

section. 

(5) If the holder has only one special 

purpose pilot authorization as provided 

in paragraph (b)(5) of this section. 

* * * * * 

■ 27. Amend § 61.87 by revising 

paragraph (p) to read as follows: 

§ 61.87 Solo requirements for student 

pilots. 

* * * * * 

(p) Limitations on flight instructors 

authorizing solo flight. No instructor 

may authorize a student pilot to perform 

a solo flight unless that instructor has— 

(1) Given that student pilot training in 

the make and model of aircraft or a 

similar make and model of aircraft in 

which the solo flight is to be flown; 

(2) Determined the student pilot is 

proficient in the maneuvers and 

procedures prescribed in this section; 

(3) Determined the student pilot is 

proficient in the make and model of 

aircraft to be flown; 

(4) Ensured that the student pilot’s 

certificate has been endorsed by an 

instructor authorized to provide flight 

training for the specific make and model 

aircraft to be flown; and 

(5) Endorsed the student pilot’s 

logbook for the specific make and model 

aircraft to be flown, and that 

endorsement remains current for solo 

flight privileges, provided an authorized 

instructor updates the student’s logbook 

every 90 days thereafter. 

■ 28. Amend § 61.93 by revising 

paragraphs (b)(1)(iii), (b)(2)(iii), and 

(b)(2)(iv) to read as follows: 


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§ 61.93 Solo cross country flight 

requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) The student pilot has a solo flight 

endorsement in accordance with § 61.87 

of this part; 

* * * * * 

(2) * * * 

(iii) The student has a solo flight 

endorsement in accordance with § 61.87 

of this part; and 

(iv) The student has a solo cross 

country flight endorsement in 

accordance with paragraph (c) of this 

section; however, for repeated solo cross 

country flights to another airport within 

50 nautical miles from which the flight 

originated, separate endorsements are 

not required to be made for each flight. 

* * * * * 

■ 29. Amend § 61.96 by revising 

paragraphs (b)(7) and (b)(8); and adding 

a new paragraph (b)(9) to read as 

follows: 

§ 61.96 Applicability and eligibility 

requirements: General. 

* * * * * 

(b) * * * 

(7) Pass the practical test on the areas 

of operation listed in § 61.98(b) that 

apply to the aircraft category and class 

rating; 

(8) Comply with the sections of this 

part that apply to the aircraft category 

and class rating; and 

(9) Hold either a student pilot 

certificate or sport pilot certificate. 

■ 30. Amend § 61.101 by revising 

paragraphs (b) introductory text, (c) 

introductory text, (d) introductory text, 

(e)(1)(iii), and (j) introductory text to 

read as follows: 

§ 61.101 Recreational pilot privileges and 

limitations. 

* * * * * 

(b) A person who holds a recreational 

pilot certificate may act as pilot in 

command of an aircraft on a flight 

within 50 nautical miles from the 

departure airport, provided that person 

has— 

* * * * * 

(c) A person who holds a recreational 

pilot certificate may act as pilot in 

command of an aircraft on a flight that 

exceeds 50 nautical miles from the 

departure airport, provided that person 

has— 

* * * * * 

(d) A person who holds a recreational 

pilot certificate may act as pilot in 

command of an aircraft in Class B, C, 

and D airspace, at an airport located in 

Class B, C, or D airspace, and to, from, 

through, or at an airport having an 

operational control tower, provided that 

person has— 

* * * * * 

(e) * * * 

(1) * * * 

(iii) With a powerplant of more than 

180 horsepower, except aircraft 

certificated in the rotorcraft category; or 

* * * * * 

(j) In order to fly solo as provided in 

paragraph (i) of this section, the 

recreational pilot must meet the 

appropriate aeronautical knowledge and 

flight training requirements of § 61.87 

for that aircraft. When operating an 

aircraft under the conditions specified 

in paragraph (i) of this section, the 

recreational pilot shall carry the logbook 

that has been endorsed for each flight by 

an authorized instructor who: 

* * * * * 

■ 31. Amend § 61.103 by adding new 

paragraph (j) to read as follows: 

§ 61.103 Eligibility requirements: General. 

* * * 

(j) Hold a U.S. student pilot 

certificate, sport pilot certificate, or 

recreational pilot certificate. 

■ 32. Amend § 61.109 by revising 

paragraphs (a)(5)(ii), (b)(5)(ii), (c)(4)(ii), 

(d)(4)(ii), and (e)(5)(ii) to read as 

follows: 

§ 61.109 Aeronautical experience. 

(a) * * * 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 

(b) * * * 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 

(c) * * * 

(4) * * * 

(ii) One solo cross country flight of 

100 nautical miles total distance, with 

landings at three points, and one 

segment of the flight being a straightline distance of more than 25 nautical 

miles between the takeoff and landing 

locations; and 

* * * * * 

(d) * * * 

(4) * * * 

(ii) One solo cross country flight of 

100 nautical miles total distance, with 

landings at three points, and one 

segment of the flight being a straightline distance of more than 25 nautical 

miles between the takeoff and landing 

locations; and 

* * * * * 

(e) * * * 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 

■ 33. Amend § 61.127 by: 

■ a. Redesignating paragraphs (b)(4)(vi) 

through (ix) as (b)(4)(vii) through (x); 

■ b. Adding a new paragraph (b)(4)(vi); 

■ c. Removing paragraph (b)(5)(vii); and 

■ d. Redesignating existing paragraphs 

(b)(5)(viii) through (xiii) as (b)(5)(vii) 

through (xii). 

The addition reads as follows: 

§ 61.127 Flight proficiency. 

* * * * * 

(b) * * * 

(4) * * * 

(vi) Ground reference maneuvers; 

* * * * * 

■ 34. Amend § 61.129 by revising 

paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(iv), 

(a)(4) introductory text, (b)(3)(i), 

(b)(3)(iii), (b)(3)(iv), (c)(3)(i) through 

(iii), (c)(4) introductory text, (d)(3)(i) 

through (iii), (d)(4) introductory text, 

(e)(3)(i) through (iii), (e)(4) introductory 

text, (g)(2) introductory text, (g)(3), 

(g)(4)(ii), (g)(4)(iii), and (i)(3) to read as 

follows: 

§ 61.129 Aeronautical experience. 

(a) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a single engine 

airplane; 

* * * * * 

(iii) One 2-hour cross country flight in 

a single engine airplane in daytime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; 

(iv) One 2-hour cross country flight in 

a single engine airplane in nighttime 

conditions that consists of a total 


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straight-line distance of more than 100 

nautical miles from the original point of 

departure; and 

* * * * * 

(4) Ten hours of solo flight time in a 

single engine airplane or 10 hours of 

flight time performing the duties of pilot 

in command in a single engine airplane 

with an authorized instructor on board 

(either of which may be credited 

towards the flight time requirement 

under paragraph (a)(2) of this section), 

on the areas of operation listed under 

§ 61.127(b)(1) that include— 

* * * * * 

(b) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a multiengine 

airplane; 

* * * * * 

(iii) One 2-hour cross country flight in 

a multiengine airplane in daytime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; 

(iv) One 2-hour cross country flight in 

a multiengine airplane in nighttime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; and 

* * * * * 

(c) * * * 

(3) * * * 

(i) Five hours on the control and 

maneuvering of a helicopter solely by 

reference to instruments using a viewlimiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems. This aeronautical 

experience may be performed in an 

aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

a helicopter in daytime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; 

(iii) One 2-hour cross country flight in 

a helicopter in nighttime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; and 

* * * * * 

(4) Ten hours of solo flight time in a 

helicopter or 10 hours of flight time 

performing the duties of pilot in 

command in a helicopter with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(c)(2) of this section), on the areas of 

operation listed under § 61.127(b)(3) 

that includes— 

* * * * * 

(d) * * * 

(3) * * * 

(i) 2.5 hours on the control and 

maneuvering of a gyroplane solely by 

reference to instruments using a viewlimiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems. This aeronautical 

experience may be performed in an 

aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

a gyroplane in daytime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; 

(iii) Two hours of flight training 

during nighttime conditions in a 

gyroplane at an airport, that includes 10 

takeoffs and 10 landings to a full stop 

(with each landing involving a flight in 

the traffic pattern); and 

* * * * * 

(4) Ten hours of solo flight time in a 

gyroplane or 10 hours of flight time 

performing the duties of pilot in 

command in a gyroplane with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(d)(2) of this section), on the areas of 

operation listed in § 61.127(b)(4) that 

includes— 

* * * * * 

(e) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a powered-lift; 

(ii) One 2-hour cross country flight in 

a powered-lift in daytime conditions 

that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; 

(iii) One 2-hour cross country flight in 

a powered-lift in nighttime conditions 

that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; and 

* * * * * 

(4) Ten hours of solo flight time in a 

powered-lift or 10 hours of flight time 

performing the duties of pilot in 

command in a powered-lift with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(e)(2) of this section), on the areas of 

operation listed in § 61.127(b)(5) that 

includes— 

* * * * * 

(g) * * * 

(2) Thirty hours of pilot in command 

flight time in airships or performing the 

duties of pilot in command in an airship 

with an authorized instructor aboard, 

which consists of— 

* * * * * 

(3) Forty hours of instrument time to 

include— 

(i) Instrument training using a viewlimiting device for attitude instrument 

flying, partial panel skills, recovery 

from unusual flight attitudes, and 

intercepting and tracking navigational 

systems; and 

(ii) Twenty hours of instrument flight 

time, of which 10 hours must be in 

flight in airships. 

(4) * * * 

(ii) One hour cross country flight in 

an airship in daytime conditions that 

consists of a total straight-line distance 

of more than 25 nautical miles from the 

point of departure; and 

(iii) One hour cross country flight in 

an airship in nighttime conditions that 

consists of a total straight-line distance 

of more than 25 nautical miles from the 

point of departure. 

* * * * * 

(i) * * * 

(3) Except when fewer hours are 

approved by the FAA, an applicant for 

the commercial pilot certificate with the 

airplane or powered-lift rating who has 

completed 190 hours of aeronautical 

experience is considered to have met 

the total aeronautical experience 

requirements of this section, provided 

the applicant satisfactorily completed 

an approved commercial pilot course 

under part 142 of this chapter and the 

approved course was appropriate to the 

commercial pilot certificate and aircraft 

rating sought. 

■ 35. Amend § 61.153 by revising 

paragraphs (d)(1), (d)(3), and (h) to read 

as follows: 

§ 61.153 Eligibility requirements: General. 

* * * * * 

(d) * * * 

(1) Holds a commercial pilot 

certificate with an instrument rating 

issued under this part; 

* * * * * 

(3) Holds either a foreign airline 

transport pilot license with instrument 

privileges, or a foreign commercial pilot 

license with an instrument rating, that— 


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(i) Was issued by a contracting State 

to the Convention on International Civil 

Aviation; and 

(ii) Contains no geographical 

limitations. 

* * * * * 

(h) Comply with the sections of this 

subpart that apply to the aircraft 

category and class rating sought. 

■ 36. Revise § 61.157 to read as follows: 

§ 61.157 Flight proficiency. 

(a) General. (1) The practical test for 

an airline transport pilot certificate is 

given for— 

(i) An airplane category and single 

engine class rating. 

(ii) An airplane category and 

multiengine class rating. 

(iii) A rotorcraft category and 

helicopter class rating. 

(iv) A powered-lift category rating. 

(v) An aircraft type rating. 

(2) A person who is applying for an 

airline transport pilot practical test must 

meet— 

(i) The eligibility requirements of 

§ 61.153; and 

(ii) The aeronautical knowledge and 

aeronautical experience requirements of 

this subpart that apply to the aircraft 

category and class rating sought. 

(b) Aircraft type rating. Except as 

provided in paragraph (c) of this 

section, a person who applies for an 

aircraft type rating to be added to an 

airline transport pilot certificate or 

applies for a type rating to be 

concurrently completed with an airline 

transport pilot certificate: 

(1) Must receive and log ground and 

flight training from an authorized 

instructor on the areas of operation 

under this section that apply to the 

aircraft type rating; 

(2) Must receive a logbook 

endorsement from an authorized 

instructor that certifies the applicant 

completed the training on the areas of 

operation listed under paragraph (e) of 

this section that apply to the aircraft 

type rating; and 

(3) Must perform the practical test in 

actual or simulated instrument 

conditions, except as provided under 

paragraph (g) of this section. 

(c) Exceptions. A person who applies 

for an aircraft type rating to be added to 

an airline transport pilot certificate or 

an aircraft type rating concurrently with 

an airline transport pilot certificate, and 

who is an employee of a certificate 

holder operating under part 121 or part 

135 of this chapter, does not need to 

comply with the requirements of 

paragraph (b) of this section if the 

applicant presents a training record that 

shows completion of that certificate 

holder’s approved pilot in command 

training program for the aircraft type 

rating. 

(d) Upgrading type ratings. Any type 

rating(s) and limitations on a pilot 

certificate of an applicant who 

completes an airline transport pilot 

practical test will be included at the 

airline transport pilot certification level, 

provided the applicant passes the 

practical test in the same category and 

class of aircraft for which the applicant 

holds the type rating(s). 

(e) Areas of operation. (1) For an 

airplane category—single engine class 

rating: 

(i) Preflight preparation; 

(ii) Preflight procedures; 

(iii) Takeoff and departure phase; 

(iv) In-flight maneuvers; 

(v) Instrument procedures; 

(vi) Landings and approaches to 

landings; 

(vii) Normal and abnormal 

procedures; 

(viii) Emergency procedures; and 

(ix) Postflight procedures. 

(2) For an airplane category— 

multiengine class rating: 

(i) Preflight preparation; 

(ii) Preflight procedures; 

(iii) Takeoff and departure phase; 

(iv) In-flight maneuvers; 

(v) Instrument procedures; 

(vi) Landings and approaches to 

landings; 

(vii) Normal and abnormal 

procedures; 

(viii) Emergency procedures; and 

(ix) Postflight procedures. 

(3) For a powered-lift category rating: 

(i) Preflight preparation; 

(ii) Preflight procedures; 

(iii) Takeoff and departure phase; 

(iv) In-flight maneuvers; 

(v) Instrument procedures; 

(vi) Landings and approaches to 

landings; 

(vii) Normal and abnormal 

procedures; 

(viii) Emergency procedures; and 

(ix) Postflight procedures. 

(4) For a rotorcraft category— 

helicopter class rating: 

(i) Preflight preparation; 

(ii) Preflight procedures; 

(iii) Takeoff and departure phase; 

(iv) In-flight maneuvers; 

(v) Instrument procedures; 

(vi) Landings and approaches to 

landings; 

(vii) Normal and abnormal 

procedures; 

(viii) Emergency procedures; and 

(ix) Postflight procedures. 

(f) Proficiency and competency checks 

conducted under part 121, part 135, or 

subpart K of part 91. (1) Successful 

completion of any of the following 

checks satisfies the flight proficiency 

requirements of this section for the 

issuance of an airline transport pilot 

certificate and/or the appropriate 

aircraft rating: 

(i) A proficiency check under 

§ 121.441 of this chapter. 

(ii) Both a competency check under 

§ 135.293(a)(2) and § 135.293(b) of this 

chapter and pilot-in-command 

instrument proficiency check under 

§ 135.297 of this chapter. 

(iii) Both a competency check under 

§ 91.1065 of this chapter and a pilot-incommand instrument proficiency check 

under § 91.1069 of this chapter. 

(2) The checks specified in paragraph 

(f)(1) of this section must be conducted 

by one of the following: 

(i) An FAA Aviation Safety Inspector. 

(ii) An Aircrew Program Designee 

who is authorized to perform 

proficiency checks for the air carrier 

whose approved training program has 

been satisfactorily completed by the 

pilot applicant. 

(iii) A Training Center Evaluator who 

is also authorized to perform the 

portions of the competency and 

proficiency checks required by 

paragraph (f)(1) of this section for the air 

carrier whose approved training 

program has been satisfactorily 

completed by the pilot applicant. 

(g) Aircraft not capable of instrument 

maneuvers and procedures. An 

applicant may add a type rating to an 

airline transport pilot certificate with an 

aircraft that is not capable of the 

instrument maneuvers and procedures 

required on the practical test under the 

following circumstances— 

(1) The rating is limited to ‘‘VFR 

only.’’ 

(2) The type rating is added to an 

airline transport pilot certificate that has 

instrument privileges in that category 

and class of aircraft. 

(3) The ‘‘VFR only’’ limitation may be 

removed for that aircraft type after the 

applicant: 

(i) Passes a practical test in that type 

of aircraft on the appropriate instrument 

maneuvers and procedures in § 61.157; 

or 

(ii) Becomes qualified in § 61.73(d) for 

that type of aircraft. 

(h) Multiengine airplane with a singlepilot station. An applicant for a type 

rating, at the ATP certification level, in 

a multiengine airplane with a singlepilot station must perform the practical 

test in the multi-seat version of that 

airplane. The practical test may be 

performed in the single-seat version of 

that airplane if the Examiner is in a 

position to observe the applicant during 

the practical test in the case where there 


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is no multi-seat version of that 

multiengine airplane. 

(i) Single engine airplane with a 

single-pilot station. An applicant for a 

type rating, at the ATP certification 

level, in a single engine airplane with a 

single-pilot station must perform the 

practical test in the multi-seat version of 

that single engine airplane. The 

practical test may be performed in the 

single-seat version of that airplane if the 

Examiner is in a position to observe the 

applicant during the practical test in the 

case where there is no multi-seat 

version of that single engine airplane. 

(j) Waiver authority. An Examiner 

who conducts a practical test may waive 

any task for which the FAA has 

provided waiver authority. 

■ 37. Amend § 61.159 by adding a new 

paragraph (c)(3); and revising 

paragraphs (d) and (e) to read as follows: 

§ 61.159 Aeronautical experience: Airplane 

category rating. 

* * * * * 

(c) * * * 

(3) Flight-engineer time, provided the 

flight time— 

(i) Is acquired as a U.S. Armed Forces’ 

flight engineer crewmember in an 

airplane that requires a flight engineer 

crewmember by the flight manual; 

(ii) Is acquired while the person is 

participating in a flight engineer 

crewmember training program for the 

U.S. Armed Forces; and 

(iii) Does not exceed 1 hour for each 

3 hours of flight engineer flight time for 

a total credited time of no more than 

500 hours. 

(d) An applicant is issued an airline 

transport pilot certificate with the 

limitation, ‘‘Holder does not meet the 

pilot in command aeronautical 

experience requirements of ICAO,’’ as 

prescribed under Article 39 of the 

Convention on International Civil 

Aviation, if the applicant does not meet 

the ICAO requirements contained in 

Annex 1 ‘‘Personnel Licensing’’ to the 

Convention on International Civil 

Aviation, but otherwise meets the 

aeronautical experience requirements of 

this section. 

(e) An applicant is entitled to an 

airline transport pilot certificate without 

the ICAO limitation specified under 

paragraph (d) of this section when the 

applicant presents satisfactory evidence 

of having met the ICAO requirements 

under paragraph (d) of this section and 

otherwise meets the aeronautical 

experience requirements of this section. 

■ 38. Amend § 61.167 by revising 

paragraphs (a) and (b)(3) to read as 

follows: 

§ 61.167 Privileges. 

(a) A person who holds an airline 

transport pilot certificate is entitled to 

the same privileges as a person who 

holds a commercial pilot certificate with 

an instrument rating. 

(b) * * * 

(3) Only as provided in this section, 

except that an airline transport pilot 

who also holds a flight instructor 

certificate can exercise the instructor 

privileges under subpart H of this part 

for which he or she is rated; and 

* * * * * 

■ 39. Amend § 61.183 by revising 

paragraph (e)(2) to read as follows: 

§ 61.183 Eligibility requirements. 

* * * * * 

(e) * * * 

(2) Holds a teacher’s certificate issued 

by a State, county, city, or municipality 

that authorizes the person to teach at an 

educational level of the 7th grade or 

higher; or 

* * * * * 

■ 40. Amend § 61.187 by revising 

paragraph (b)(6)(vii) to read as follows: 

§ 61.187 Flight proficiency. 

* * * * * 

(b) * * * 

(6) * * * 

(vii) Launches and landings; 

* * * * * 

■ 41. Amend § 61.193 by revising the 

introductory text to read as follows: 

§ 61.193 Flight instructor privileges. 

A person who holds a flight instructor 

certificate is authorized within the 

limitations of that person’s flight 

instructor certificate and ratings to train 

and issue endorsements that are 

required for: 

* * * * * 

■ 42. Amend § 61.195 by revising 

paragraphs (b), (c), (d)(3) introductory 

text, (h)(1)(i), (h)(1)(ii), and (h)(3) 

introductory text, and adding a new 

paragraph (k) to read as follows: 

§ 61.195 Flight instructor limitations and 

qualifications. 

* * * * * 

(b) Aircraft Ratings. A flight instructor 

may not conduct flight training in any 

aircraft for which the flight instructor 

does not hold: 

(1) A pilot certificate and flight 

instructor certificate with the applicable 

category and class rating; and 

(2) If appropriate, a type rating. 

(c) Instrument Rating. A flight 

instructor who provides instrument 

training for the issuance of an 

instrument rating, a type rating not 

limited to VFR, or the instrument 

training required for commercial pilot 

and airline transport pilot certificates 

must hold an instrument rating on his 

or her pilot certificate and flight 

instructor certificate that is appropriate 

to the category and class of aircraft used 

for the training provided. 

(d) * * * 

(3) Student pilot’s logbook for solo 

flight in a Class B airspace area or at an 

airport within Class B airspace unless 

that flight instructor has— 

* * * * * 

(h) * * * 

(1) * * * 

(i) Holds a ground or flight instructor 

certificate with the appropriate rating, 

has held that certificate for at least 24 

calendar months, and has given at least 

40 hours of ground training; or 

(ii) Holds a ground or flight instructor 

certificate with the appropriate rating, 

and has given at least 100 hours of 

ground training in an FAA-approved 

course. 

* * * * * 

(3) A flight instructor who serves as 

a flight instructor in an FAA-approved 

course for the issuance of a flight 

instructor rating must hold a flight 

instructor certificate with the 

appropriate rating and pass the required 

initial and recurrent flight instructor 

proficiency tests, in accordance with the 

requirements of the part under which 

the FAA-approved course is conducted, 

and must— 

* * * * * 

(k) Training for night vision goggle 

operations. A flight instructor may not 

conduct training for night vision goggle 

operations unless the flight instructor: 

(1) Has a pilot and flight instructor 

certificate with the applicable category 

and class rating for the training; 

(2) If appropriate, has a type rating on 

his or her pilot certificate for the 

aircraft; 

(3) Is pilot in command qualified for 

night vision goggle operations, in 

accordance with § 61.31(k); 

(4) Has logged 100 night vision goggle 

operations as the sole manipulator of 

the controls; 

(5) Has logged 20 night vision goggle 

operations as the sole manipulator of 

the controls in the category and class, 

and type of aircraft, if aircraft class and 

type is appropriate, that the training 

will be given in; 

(6) Is qualified to act as pilot in 

command in night vision goggle 

operations under § 61.57(f) or (g); and 

(7) Has a logbook endorsement from 

an FAA Aviation Safety Inspector or a 

person who is authorized by the FAA to 

provide that logbook endorsement that 

states the flight instructor is authorized 


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to perform the night vision goggle pilot 

in command qualification and recent 

flight experience requirements under 

§ 61.31(k) and § 61.57(f) and (g). 

■ 43. Amend § 61.197 by revising the 

section heading, paragraph (a) 

introductory text and paragraph (a)(2) to 

read as follows: 

§ 61.197 Renewal requirements for flight 

instructor certification. 

(a) A person who holds a flight 

instructor certificate that has not 

expired may renew that flight instructor 

certificate by— 

* * * * * 

(2) Submitting a completed and 

signed application with the FAA and 

satisfactorily completing one of the 

following renewal requirements— 

(i) A record of training students 

showing that, during the preceding 24 

calendar months, the flight instructor 

has endorsed at least 5 students for a 

practical test for a certificate or rating 

and at least 80 percent of those students 

passed that test on the first attempt. 

(ii) A record showing that, within the 

preceding 24 calendar months, the flight 

instructor has served as a company 

check pilot, chief flight instructor, 

company check airman, or flight 

instructor in a part 121 or part 135 

operation, or in a position involving the 

regular evaluation of pilots. 

(iii) A graduation certificate showing 

that, within the preceding 3 calendar 

months, the person has successfully 

completed an approved flight instructor 

refresher course consisting of ground 

training or flight training, or a 

combination of both. 

(iv) A record showing that, within the 

preceding 12 months from the month of 

application, the flight instructor passed 

an official U.S. Armed Forces military 

instructor pilot proficiency check. 

* * * * * 

■ 44. Amend § 61.199 by revising the 

section heading and paragraph (a) to 

read as follows: 

§ 61.199 Reinstatement requirements of an 

expired flight instructor certificate. 

(a) Flight instructor certificates. The 

holder of an expired flight instructor 

certificate who has not complied with 

the flight instructor renewal 

requirements of § 61.197 may reinstate 

that flight instructor certificate and 

ratings by filing a completed and signed 

application with the FAA and 

satisfactorily completing one of the 

following reinstatement requirements: 

(1) A flight instructor certification 

practical test, as prescribed by 

§ 61.183(h), for one of the ratings held 

on the expired flight instructor 

certificate. 

(2) A flight instructor certification 

practical test for an additional rating. 

* * * * * 

■ 45. Amend § 61.213 by revising 

paragraph (b)(2) to read as follows: 

§ 61.213 Eligibility requirements. 

* * * * * 

(b) * * * 

(2) Holds a teacher’s certificate issued 

by a State, county, city, or municipality 

that authorizes the person to teach at an 

educational level of the 7th grade or 

higher; or 

* * * * * 

■ 46. Amend § 61.215 by revising 

paragraphs (b)(1), (2), and (3) to read as 

follows: 

§ 61.215 Ground instructor privileges. 

* * * * * 

(b) * * * 

(1) Ground training on the 

aeronautical knowledge areas required 

for the issuance of any certificate or 

rating under this part except for the 

aeronautical knowledge areas required 

for an instrument rating. 

(2) The ground training required for 

any flight review except for the training 

required for an instrument rating. 

(3) A recommendation for a 

knowledge test required for the issuance 

of any certificate or rating under this 

part except for an instrument rating. 

* * * * * 

■ 47. Revise § 61.217 to read as follows: 

§ 61.217 Recent experience requirements. 

The holder of a ground instructor 

certificate may not perform the duties of 

a ground instructor unless the person 

can show that one of the following 

occurred during the preceding 12 

calendar months: 

(a) Employment or activity as a 

ground instructor giving pilot, flight 

instructor, or ground instructor training; 

(b) Employment or activity as a flight 

instructor giving pilot, flight instructor, 

or ground instructor ground or flight 

training; 

(c) Completion of an approved flight 

instructor refresher course and receipt 

of a graduation certificate for that 

course; or 

(d) An endorsement from an 

authorized instructor certifying that the 

person has demonstrated knowledge in 

the subject areas prescribed under 

§ 61.213(a)(3) and (a)(4), as appropriate. 

■ 48. Amend § 61.303 by revising 

paragraph (a) introductory text and 

paragraph (b) introductory text to read 

as follows: 

§ 61.303 If I want to operate a light-sport 

aircraft, what operating limits and 

endorsement requirements in this subpart 

must I comply with? 

(a) Use the following table to 

determine what operating limits and 

endorsement requirements in this 

subpart, if any, apply to you when you 

operate a light-sport aircraft. The 

medical certificate specified in this table 

must be in compliance with § 61.2 in 

regards to currency and validity. If you 

hold a recreational pilot certificate, but 

not a medical certificate, you must 

comply with cross country requirements 

in § 61.101 (c), even if your flight does 

not exceed 50 nautical miles from your 

departure airport. You must also comply 

with requirements in other subparts of 

this part that apply to your certificate 

and the operation you conduct. 

* * * * * 

(b) A person using a U.S. driver’s 

license to meet the requirements of this 

paragraph must— 

* * * * * 

■ 49. Amend § 61.403 by revising 

paragraph (c) to read as follows: 

§ 61.403 What are the age, language, and 

pilot certificate requirements for a flight 

instructor certificate with a sport pilot 

rating? 

* * * * * 

(c) Hold at least a sport pilot 

certificate with category and class 

ratings or privileges, as applicable, that 

are appropriate to the flight instructor 

privileges sought. 

■ 50. Amend § 61.407 by revising 

paragraph (c)(2) to read as follows: 

§ 61.407 What aeronautical knowledge 

must I have to apply for a flight instructor 

certificate with a sport pilot rating? 

* * * * * 

(c) * * * 

(2) Hold a teacher’s certificate issued 

by a State, county, city, or municipality; 

or 

* * * * * 

■ 51. Amend § 61.429 by revising the 

introductory text to read as follows: 

§ 61.429 May I exercise the privileges of a 

flight instructor certificate with a sport pilot 

rating if I hold a flight instructor certificate 

with another rating? 

If you hold a flight instructor 

certificate, a commercial pilot certificate 

with an airship rating, or a commercial 

pilot certificate with a balloon rating 

issued under this part, and you seek to 

exercise the privileges of a flight 

instructor certificate with a sport pilot 

rating, you may do so without any 

further showing of proficiency, subject 

to the following limits: 

* * * * * 


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■ 52. Amend § 61.431 by revising 

paragraph (a) to read as follows: 

§ 61.431 Are there special provisions for 

obtaining a flight instructor certificate with 

a sport pilot rating for persons who are 

registered ultralight instructors with an 

FAA-recognized ultralight organization? 

* * * * * 

(a) You must hold either a sport pilot 

certificate or recreational pilot 

certificate and meet the requirements 

§ 61.101(c), or hold at least a private 

pilot certificate issued under this part. 

* * * * * 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 53. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44704, 

44709, 44711, 44712, 44715, 44716, 44717, 

44722, 46306, 46315, 46316, 46504, 46506– 

46507, 47122, 47508, 47528–47531, articles 

12 and 29 of the Convention on International 

Civil Aviation (61 stat. 1180). 

■ 54. Amend § 91.205 by redesignating 

existing paragraph (h) as paragraph (i); 

and adding a new paragraph (h) to read 

as follows: 

§ 91.205 Powered civil aircraft with 

standard category U.S. airworthiness 

certificates; Instrument and equipment 

requirements. 

* * * * * 

(h) Night vision goggle operations. For 

night vision goggle operations, the 

following instruments and equipment 

must be installed in the aircraft, 

functioning in a normal manner, and 

approved for use by the FAA: 

(1) Instruments and equipment 

specified in paragraph (b) of this 

section, instruments and equipment 

specified in paragraph (c) of this 

section; 

(2) Night vision goggles; 

(3) Interior and exterior aircraft 

lighting system required for night vision 

goggle operations; 

(4) Two-way radio communications 

system; 

(5) Gyroscopic pitch and bank 

indicator (artificial horizon); 

(6) Generator or alternator of adequate 

capacity for the required instruments 

and equipment; and 

(7) Radar altimeter. 

* * * * * 

PART 141—PILOT SCHOOLS 

■ 55. The authority citation for 14 CFR 

part 141 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709, 44711, 45102–45103, 

45301–45302. 

■ 56. Revise § 141.5 to read as follows: 

§ 141.5 Requirements for a pilot school 

certificate. 

The FAA may issue a pilot school 

certificate with the appropriate ratings 

if, within the 24 calendar months before 

the date application is made, the 

applicant— 

(a) Completes the application for a 

pilot school certificate on the form and 

in the manner prescribed by the FAA; 

(b) Has held a provisional pilot school 

certificate; 

(c) Meets the applicable requirements 

under subparts A through C of this part 

for the school certificate and associated 

ratings sought; 

(d) Has trained and recommended at 

least 10 different people for a 

knowledge test or a practical test, or any 

combination thereof, and at least 80 

percent of those persons passed their 

tests on the first attempt; and 

(e) Has graduated at least 10 different 

people from the school’s approved 

training courses. 

■ 57. Revise § 141.9 to read as follows: 

§ 141.9 Examining authority. 

The FAA issues examining authority 

to a pilot school for a training course if 

the pilot school and its training course 

meet the requirements of subpart D of 

this part. 

■ 58. Amend § 141.33 by revising 

paragraph (d)(2) to read as follows: 

§ 141.33 Personnel. 

* * * * * 

(d) * * * 

(2) The school has an enrollment of at 

least 10 students at the time designation 

is sought. 

* * * * * 

■ 59. Revise § 141.39 to read as follows: 

§ 141.39 Aircraft. 

(a) When the school’s training facility 

is located within the U.S., an applicant 

for a pilot school certificate or 

provisional pilot school certificate must 

show that each aircraft used by the 

school for flight training and solo 

flights: 

(1) Is a civil aircraft of the United 

States; 

(2) Is certificated with a standard or 

primary airworthiness certificate, unless 

the FAA determines otherwise because 

of the nature of the approved course; 

(3) Is maintained and inspected in 

accordance with the requirements for 

aircraft operated for hire under part 91, 

subpart E, of this chapter; 

(4) Has two pilot stations with enginepower controls that can be easily 

reached and operated in a normal 

manner from both pilot stations (for 

flight training); and 

(5) Is equipped and maintained for 

IFR operations if used in a course 

involving IFR en route operations and 

instrument approaches. For training in 

the control and precision maneuvering 

of an aircraft by reference to 

instruments, the aircraft may be 

equipped as provided in the approved 

course of training. 

(b) When the school’s training facility 

is located outside the U.S. and the 

training will be conducted outside the 

U.S., an applicant for a pilot school 

certificate or provisional pilot school 

certificate must show that each aircraft 

used by the school for flight training 

and solo flights: 

(1) Is either a civil aircraft of the 

United States or a civil aircraft of 

foreign registry; 

(2) Is certificated with a standard or 

primary airworthiness certificate or an 

equivalent certification from the foreign 

aviation authority; 

(3) Is maintained and inspected in 

accordance with the requirements for 

aircraft operated for hire under part 91, 

subpart E of this chapter, or in 

accordance with equivalent 

maintenance and inspection from the 

foreign aviation authority’s 

requirements; 

(4) Has two pilot stations with enginepower controls that can be easily 

reached and operated in a normal 

manner from both pilot stations (for 

flight training); and 

(5) Is equipped and maintained for 

IFR operations if used in a course 

involving IFR en route operations and 

instrument approaches. For training in 

the control and precision maneuvering 

of an aircraft by reference to 

instruments, the aircraft may be 

equipped as provided in the approved 

course of training. 

■ 60. Amend § 141.53 by revising 

paragraph (c) to read as follows: 

§ 141.53 Approval procedures for a 

training course: General. 

* * * * * 

(c) Training courses. An applicant for 

a pilot school certificate or provisional 

pilot school certificate may request 

approval for the training courses 

specified under § 141.11(b). 

■ 61. Amend § 141.55 by revising 

paragraphs (d) introductory text, (e) 

introductory text, and (e)(2)(ii) 

introductory text to read as follows: 

§ 141.55 Training course: Contents. 

* * * * * 

(d) A pilot school may request and 

receive initial approval for a period of 

not more than 24 calendar months for 

any training course under this part that 

does not meet the minimum ground and 


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flight training time requirements, 

provided the following provisions are 

met: 

* * * * * 

(e) A pilot school may request and 

receive final approval for any training 

course under this part that does not 

meet the minimum ground and flight 

training time requirements, provided 

the following conditions are met: 

* * * * * 

(2) * * * 

(ii) At least 80 percent of those 

students passed the practical or 

knowledge test, as appropriate, on the 

first attempt, and that test was given 

by— 

* * * * * 

■ 62. Amend § 141.77 by revising 

paragraph (c) to read as follows: 

§ 141.77 Limitations. 

* * * * * 

(c) A student may be given credit 

towards the curriculum requirements of 

a course for previous training under the 

following conditions: 

(1) If the student completed a 

proficiency test and knowledge test that 

was conducted by the receiving pilot 

school and the previous training was 

based on a part 141- or a part 142- 

approved flight training course, the 

credit is limited to not more than 50 

percent of the flight training 

requirements of the curriculum. 

(2) If the student completed a 

knowledge test that was conducted by 

the receiving pilot school and the 

previous training was based on a part 

141- or a part 142-approved aeronautical 

knowledge training course, the credit is 

limited to not more than 50 percent of 

the aeronautical knowledge training 

requirements of the curriculum. 

(3) If the student completed a 

proficiency test and knowledge test that 

was conducted by the receiving pilot 

school and the training was received 

from other than a part 141- or a part 

142-approved flight training course, the 

credit is limited to not more than 25 

percent of the flight training 

requirements of the curriculum. 

(4) If the student completed a 

knowledge test that was conducted by 

the receiving pilot school and the 

previous training was received from 

other than a part 141- or a part 142- 

approved aeronautical knowledge 

training course, the credit is limited to 

not more than 25 percent of the 

aeronautical knowledge training 

requirements of the curriculum. 

(5) Completion of previous training 

must be certified in the student’s 

training record by the training provider 

or a management official within the 

training provider’s organization, and 

must contain— 

(i) The kind and amount of training 

provided; and 

(ii) The result of each stage check and 

end-of-course test, if appropriate. 

■ 63. Amend § 141.85 by revising 

paragraphs (a) introductory text and 

(a)(1) to read as follows: 

§ 141.85 Chief instructor responsibilities. 

(a) A chief instructor designated for a 

pilot school or provisional pilot school 

is responsible for: 

(1) Certifying each student’s training 

record, graduation certificate, stage 

check and end-of-course test reports, 

and recommendation for course 

completion, unless the duties are 

delegated by the chief instructor to an 

assistant chief instructor or 

recommending instructor; 

* * * * * 

■ 64. Amend appendix B to part 141 by 

revising paragraph 2; paragraphs 

4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); 

and 5.(a)(1), 5.(b)(1), 5.(c)(1), 5.(d)(1), 

and 5.(e)(1) to read as follows: 

Appendix B to Part 141—Private Pilot 

Certification Course 

* * * * * 

2. Eligibility for enrollment. A person must 

hold either a recreational pilot certificate, 

sport pilot certificate, or student pilot 

certificate before enrolling in the solo flight 

phase of the private pilot certification course. 

* * * * * 

4. * * * 

(b) * * * 

(1) * * * 

(iii) Three hours of flight training in a 

single engine airplane on the control and 

maneuvering of a single engine airplane 

solely by reference to instruments, including 

straight and level flight, constant airspeed 

climbs and descents, turns to a heading, 

recovery from unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

* * * * * 

(2) * * * 

(iii) Three hours of flight training in a 

multiengine airplane on the control and 

maneuvering of a multiengine airplane solely 

by reference to instruments, including 

straight and level flight, constant airspeed 

climbs and descents, turns to a heading, 

recovery from unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

* * * * * 

(5) * * * 

(iii) Three hours of flight training in a 

powered-lift on the control and maneuvering 

of a powered-lift solely by reference to 

instruments, including straight and level 

flight, constant airspeed climbs and descents, 

turns to a heading, recovery from unusual 

flight attitudes, radio communications, and 

the use of navigation systems/facilities and 

radar services appropriate to instrument 

flight; and 

* * * * * 

5. * * * 

(a) * * * 

(1) One solo 100 nautical miles cross 

country flight with landings at a minimum of 

three points and one segment of the flight 

consisting of a straight-line distance of more 

than 50 nautical miles between the takeoff 

and landing locations; and 

* * * * * 

(b) * * * 

(1) One 100 nautical miles cross country 

flight with landings at a minimum of three 

points and one segment of the flight 

consisting of a straight-line distance of more 

than 50 nautical miles between the takeoff 

and landing locations; and 

* * * * * 

(c) * * * 

(1) One solo 100 nautical miles cross 

country flight with landings at a minimum of 

three points and one segment of the flight 

consisting of a straight-line distance of more 

than 25 nautical miles between the takeoff 

and landing locations; and 

* * * * * 

(d) * * * 

(1) One solo 100 nautical miles cross 

country flight with landings at a minimum of 

three points and one segment of the flight 

consisting of a straight-line distance of more 

than 25 nautical miles between the takeoff 

and landing locations; and 

* * * * * 

(e) * * * 

(1) One solo 100 nautical miles cross 

country flight with landings at a minimum of 

three points and one segment of the flight 

consisting of a straight-line distance of more 

than 50 nautical miles between the takeoff 

and landing locations; and 

* * * * * 

■ 65. Amend appendix C to part 141 by 

revising paragraphs 4.(b)(2) through 

4.(b)(4); adding new paragraphs 4.(b)(5) 

and (6); and revising the introductory 

text of paragraph 4.(d) to read as 

follows: 

Appendix C to Part 141—Instrument 

Rating Course 

* * * * * 

4. * * * 

(b) * * * 

(2) Credit for training in a flight simulator 

that meets the requirements of § 141.41(a) 

cannot exceed 50 percent of the total flight 

training hour requirements of the course or 

of this section, whichever is less. 

(3) Credit for training in a flight training 

device that meets the requirements of 

§ 141.41(b) cannot exceed 40 percent of the 

total flight training hour requirements of the 

course or of this section, whichever is less. 

(4) Credit for training in flight simulators 

and flight training devices, if used in 

combination, cannot exceed 50 percent of the 

total flight training hour requirements of the 

course or of this section, whichever is less. 

However, credit for training in a flight 


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training device cannot exceed the limitation 

provided for in paragraph (b)(3) of this 

section. 

(5) Credit for training in an approved 

aviation training device cannot exceed 10 

percent of the total flight training hour 

requirements of the course or of this section, 

whichever is less. 

(6) Credit for training in flight simulators, 

flight training devices, and aviation training 

devices, if used in combination, cannot 

exceed 50 percent of the total flight training 

hour requirements of the course or of this 

section, whichever is less. However, credit 

for training in an aviation training device 

cannot exceed the limitation provided under 

paragraph (b)(5) of this section. 

* * * * * 

(d) Each course must include flight training 

on the areas of operation listed under this 

paragraph appropriate to the instrument 

aircraft category and class rating (if a class 

rating is appropriate) for which the course 

applies: 

* * * * * 

■ 66. Amend appendix D to part 141 by: 

■ a. Revising paragraphs 4.(b)(1)(i) 

through (iv); 

■ b. Revising paragraphs 4.(b)(2)(i), (iii), 

and (iv); 

■ c. Revising paragraphs 4.(b)(3)(i) 

through (iii); 

■ d. Revising paragraphs 4.(b)(4)(i) 

through (iii), 4.(b)(5)(i) through (iii); 

■ e. Revising paragraphs 4.(b)(7)(i) 

through (iii); 

■ f. Redesignating paragraphs 

4.(d)(4)(vi) through (ix) as 4.(d)(4)(vii) 

through (x); 

■ g. Adding a new paragraph 

4.(d)(4)(vi); and 

■ h. Revising the introductory text of 

paragraphs 5.(a), (b), (c), (d), and (e). 

The revisions and addtion read as 

follows: 

Appendix D to Part 141—Commercial 

Pilot Certification Course 

* * * * * 

4. * * * 

(b) * * * 

(1) * * * 

(i) Ten hours of instrument training using 

a view-limiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, and 

intercepting and tracking navigational 

systems. Five hours of the 10 hours required 

on instrument training must be in a single 

engine airplane; 

(ii) Ten hours of training in an airplane 

that has a retractable landing gear, flaps, and 

a controllable pitch propeller, or is turbinepowered; 

(iii) One 2-hour cross country flight in 

daytime conditions in a single engine 

airplane that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; 

(iv) One 2-hour cross country flight in 

nighttime conditions in a single engine 

airplane that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; and 

* * * * * 

(2) * * * 

(i) Ten hours of instrument training using 

a view-limiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, and 

intercepting and tracking navigational 

systems. Five hours of the 10 hours required 

on instrument training must be in a 

multiengine airplane; 

* * * * * 

(iii) One 2-hour cross country flight in 

daytime conditions in a multiengine airplane 

that consists of a total straight-line distance 

of more than 100 nautical miles from the 

original point of departure; 

(iv) One 2-hour cross country flight in 

nighttime conditions in a multiengine 

airplane that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; and 

* * * * * 

(3) * * * 

(i) Five hours on the control and 

maneuvering of a helicopter solely by 

reference to instruments, including using a 

view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems. This 

aeronautical experience may be performed in 

an aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

daytime conditions in a helicopter that 

consists of a total straight-line distance of 

more than 50 nautical miles from the original 

point of departure; 

(iii) One 2-hour cross country flight in 

nighttime conditions in a helicopter that 

consists of a total straight-line distance of 

more than 50 nautical miles from the original 

point of departure; and 

* * * * * 

(4) * * * 

(i) 2.5 hours on the control and 

maneuvering of a gyroplane solely by 

reference to instruments, including using a 

view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems. This 

aeronautical experience may be performed in 

an aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

daytime conditions in a gyroplane that 

consists of a total straight-line distance of 

more than 50 nautical miles from the original 

point of departure; 

(iii) Two hours of flight training in 

nighttime conditions in a gyroplane at an 

airport, that includes 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern); and 

* * * * * 

(5) * * * 

(i) Ten hours of instrument training using 

a view-limiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, and 

intercepting and tracking navigational 

systems. Five hours of the 10 hours required 

on instrument training must be in a poweredlift; 

(ii) One 2-hour cross country flight in 

daytime conditions in a powered-lift that 

consists of a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; 

(iii) One 2-hour cross country flight in 

nighttime conditions in a powered-lift that 

consists of a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; and 

* * * * * 

(7) * * * 

(i) Three hours of instrument training in an 

airship, including using a view-limiting 

device for attitude instrument flying, partial 

panel skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems; 

(ii) One hour cross country flight in 

daytime conditions in an airship that consists 

of a total straight-line distance of more than 

25 nautical miles from the original point of 

departure; 

(iii) One hour cross country flight in 

nighttime conditions in an airship that 

consists of a total straight-line distance of 

more than 25 nautical miles from the original 

point of departure; and 

* * * * * 

(d) * * * 

(4) * * * 

(vi) Ground reference maneuvers; 

* * * * * 

5. * * * 

(a) For an airplane single engine course. 

Ten hours of solo flight time in a single 

engine airplane, or 10 hours of flight time 

while performing the duties of pilot in 

command in a single engine airplane with an 

authorized instructor on board. The training 

must consist of the approved areas of 

operation under paragraph (d)(1) of section 4 

of this appendix, and include— 

* * * * * 

(b) For an airplane multiengine course. Ten 

hours of solo flight time in a multiengine 

airplane, or 10 hours of flight time while 

performing the duties of pilot in command in 

a multiengine airplane with an authorized 

instructor on board. The training must 

consist of the approved areas of operation 

under paragraph (d)(2) of section 4 of this 

appendix, and include— 

* * * * * 

(c) For a rotorcraft helicopter course. Ten 

hours of solo flight time in a helicopter, or 

10 hours of flight time while performing the 

duties of pilot in command in a helicopter 

with an authorized instructor on board. The 

training must consist of the approved areas 

of operation under paragraph (d)(3) of section 

4 of this appendix, and include— 

* * * * * 

(d) For a rotorcraft-gyroplane course. Ten 

hours of solo flight time in a gyroplane, or 

10 hours of flight time while performing the 

duties of pilot in command in a gyroplane 

with an authorized instructor on board. The 

training must consist of the approved areas 

of operation under paragraph (d)(4) of section 

4 of this appendix, and include— 

* * * * * 


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(e) For a powered-lift course. Ten hours of 

solo flight time in a powered-lift, or 10 hours 

of flight time while performing the duties of 

pilot in command in a powered-lift with an 

authorized instructor on board. The training 

must consist of the approved areas of 

operation under paragraph (d)(5) of section 

No. 4 of this appendix, and include— 

* * * * * 

■ 67. Amend appendix E to part 141 by: 

■ a. Revising the introductory text of 

paragraph 2; 

■ b. Removing paragraph 2.(a); 

■ c. Redesignating paragraph 2.(b) as 

new paragraph (a); 

■ d. Revising newly re-designated 

paragraph 2.(a); and 

■ e. Redesignating existing paragraphs 

2.(c) and (d) as paragraph 2(b) and (c). 

The revisions read as follows: 

Appendix E to Part 141—Airline 

Transport Pilot Certification Course 

* * * * * 

2. Eligibility for enrollment. Before 

completing the flight portion of the airline 

transport pilot certification course, a person 

must meet the aeronautical experience 

requirements for an airline transport pilot 

certificate under part 61, subpart G of this 

chapter that is appropriate to the aircraft 

category and class rating for which the course 

applies, and: 

(a) Hold a commercial pilot certificate and 

an instrument rating, or an airline transport 

pilot certificate with instrument privileges; 

* * * * * 

■ 68. Amend appendix I to part 141 by 

revising the appendix heading; and 

revising paragraphs 3 and 4 to read as 

follows: 

Appendix I to Part 141—Additional 

Aircraft Category and/or Class Rating 

Course 

* * * * * 

3. Aeronautical knowledge training. 

(a) For a recreational pilot certificate, the 

following aeronautical knowledge areas must 

be included in a 10-hour ground training 

course for an additional aircraft category and/ 

or class rating: 

(1) Applicable regulations issued by the 

Federal Aviation Administration for 

recreational pilot privileges, limitations, and 

flight operations; 

(2) Safe and efficient operation of aircraft, 

including collision avoidance, and 

recognition and avoidance of wake 

turbulence; 

(3) Effects of density altitude on takeoff 

and climb performance; 

(4) Weight and balance computations; 

(5) Principles of aerodynamics, 

powerplants, and aircraft systems; 

(6) Stall awareness, spin entry, spins, and 

spin recovery techniques if applying for an 

airplane single engine rating; and 

(7) Preflight action that includes how to 

obtain information on runway lengths at 

airports of intended use, data on takeoff and 

landing distances, weather reports and 

forecasts, and fuel requirements. 

(b) For a private pilot certificate, the 

following aeronautical knowledge areas must 

be included in a 10-hour ground training 

course for an additional class rating or a 15- 

hour ground training course for an additional 

aircraft category and class rating: 

(1) Applicable regulations issued by the 

Federal Aviation Administration for private 

pilot privileges, limitations, and flight 

operations; 

(2) Safe and efficient operation of aircraft, 

including collision avoidance, and 

recognition and avoidance of wake 

turbulence; 

(3) Effects of density altitude on takeoff 

and climb performance; 

(4) Weight and balance computations; 

(5) Principles of aerodynamics, 

powerplants, and aircraft systems; 

(6) Stall awareness, spin entry, spins, and 

spin recovery techniques if applying for an 

airplane single engine rating; and 

(7) Preflight action that includes how to 

obtain information on runway lengths at 

airports of intended use, data on takeoff and 

landing distances, weather reports and 

forecasts, and fuel requirements. 

(c) For a commercial pilot certificate, the 

following aeronautical knowledge areas must 

be included in a 15-hour ground training 

course for an additional class rating or a 20- 

hour ground training course for an additional 

aircraft category and class rating: 

(1) Applicable regulations issued by the 

Federal Aviation Administration for 

commercial pilot privileges, limitations, and 

flight operations; 

(2) Basic aerodynamics and the principles 

of flight; 

(3) Safe and efficient operation of aircraft; 

(4) Weight and balance computations; 

(5) Use of performance charts; 

(6) Significance and effects of exceeding 

aircraft performance limitations; 

(7) Principles and functions of aircraft 

systems; 

(8) Maneuvers, procedures, and emergency 

operations appropriate to the aircraft; 

(9) Nighttime and high-altitude operations; 

and 

(10) Procedures for flight and ground 

training for lighter-than-air ratings. 

(d) For an airline transport pilot certificate, 

the following aeronautical knowledge areas 

must be included in a 25-hour ground 

training course for an additional aircraft 

category and/or class rating: 

(1) Applicable regulations issued by the 

Federal Aviation Administration for airline 

transport pilot privileges, limitations, and 

flight operations; 

(2) Meteorology, including knowledge and 

effects of fronts, frontal characteristics, cloud 

formations, icing, and upper-air data; 

(3) General system of weather and NOTAM 

collection, dissemination, interpretation, and 

use; 

(4) Interpretation and use of weather 

charts, maps, forecasts, sequence reports, 

abbreviations, and symbols; 

(5) National Weather Service functions as 

they pertain to operations in the National 

Airspace System; 

(6) Windshear and microburst awareness, 

identification, and avoidance; 

(7) Principles of air navigation under 

instrument meteorological conditions in the 

National Airspace System; 

(8) Air traffic control procedures and pilot 

responsibilities as they relate to en route 

operations, terminal area and radar 

operations, and instrument departure and 

approach procedures; 

(9) Aircraft loading; weight and balance; 

use of charts, graphs, tables, formulas, and 

computations; and the effects on aircraft 

performance; 

(10) Aerodynamics relating to an aircraft’s 

flight characteristics and performance in 

normal and abnormal flight regimes; 

(11) Human factors; 

(12) Aeronautical decision making and 

judgment; and 

(13) Crew resource management to include 

crew communication and coordination. 

4. Flight training. 

(a) Course for an additional airplane 

category and single engine class rating. 

(1) For the recreational pilot certificate, the 

course must include 15 hours of flight 

training on the areas of operations under part 

141, appendix A, paragraph 4(c)(1) that 

include— 

(i) Two hours of flight training to an airport 

and at an airport that is located more than 

25 nautical miles from the airport where the 

applicant normally trains, with three takeoffs 

and three landings, except as provided under 

§ 61.100 of this chapter; and 

(ii) Three hours of flight training in an 

aircraft with the airplane category and single 

engine class within 2 calendar months before 

the date of the practical test. 

(2) For the private pilot certificate, the 

course must include 20 hours of flight 

training on the areas of operations under part 

141, appendix B, paragraph 4(d)(1). A flight 

simulator and flight training device cannot be 

used to meet more than 4 hours of the 

training requirements, and the use of the 

flight training device is limited to 3 hours of 

the 4 hours permitted. The course must 

include— 

(i) Three hours of cross country training in 

a single engine airplane, except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a single engine airplane that includes one 

cross country flight of more than 100 nautical 

miles total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; 

(iii) Three hours of flight training in a 

single engine airplane on the control and 

maneuvering of the airplane solely by 

reference to instruments, including straight 

and level flight, constant airspeed climbs and 

descents, turns to a heading, recovery from 

unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

(iv) Three hours of flight training in a 

single engine airplane within 2 calendar 

months before the date of the practical test. 

(3) For the commercial pilot certificate, the 

course must include 55 hours of flight 

training on the areas of operations under part 

141, appendix D, paragraph 4(d)(1). A flight 

simulator and flight training device cannot be 


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used to meet more than 16.5 hours of the 

training requirements, and the use of the 

flight training device is limited to 11 hours 

of the 16.5 hours permitted. The course must 

include— 

(i) Five hours of instrument training in a 

single engine airplane that includes training 

using a view-limiting device on attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, and 

intercepting and tracking navigational 

systems; 

(ii) Ten hours of training in an airplane 

that has retractable landing gear, flaps, and 

a controllable pitch propeller, or is turbinepowered; 

(iii) One 2-hour cross country flight during 

daytime conditions in a single engine 

airplane, a total straight-line distance of more 

than 100 nautical miles from the original 

point of departure; 

(iv) One 2-hour cross country flight during 

nighttime conditions in a single engine 

airplane, a total straight-line distance of more 

than 100 nautical miles from the original 

point of departure; and 

(v) Three hours in a single engine airplane 

within 2 calendar months before the date of 

the practical test. 

(4) For the airline transport pilot 

certificate, the course must include 25 hours 

flight training, including 15 hours of 

instrument training, in a single engine 

airplane on the areas of operation under part 

141, appendix E, paragraph 4.(c). A flight 

simulator and flight training device cannot be 

used to meet more than 12.5 hours of the 

training requirements; and the use of the 

flight training device is limited to 6.25 hours 

of the 12.5 hours permitted. 

(b) Course for an additional airplane 

category and multiengine class rating. 

(1) For the private pilot certificate, the 

course requires 20 hours flight training on 

the areas of operations under part 141, 

appendix B, paragraph 4.(d)(2). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

a multiengine airplane, except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a multiengine airplane that includes one 

cross country flight of more than 100 nautical 

miles total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; 

(iii) Three hours of flight training in a 

multiengine airplane on the control and 

maneuvering of a multiengine airplane solely 

by reference to instruments, including 

straight and level flight, constant airspeed 

climbs and descents, turns to a heading, 

recovery from unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

(iv) Three hours of flight training in a 

multiengine airplane in preparation for the 

practical test within 2 calendar months 

before the date of the test. 

(2) For the commercial pilot certificate, the 

course requires 55 hours flight training on 

the areas of operations under part 141, 

appendix D, paragraph 4.(d)(2). A flight 

simulator and flight training device cannot be 

used more than 16.5 hours to meet the 

training requirements, and use of the flight 

training device is limited to 11 hours of the 

16.5 hours permitted. The course must 

include— 

(i) Five hours of instrument training in a 

multiengine airplane including training using 

a view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems; 

(ii) Ten hours of training in a multiengine 

airplane that has retractable landing gear, 

flaps, and a controllable pitch propeller, or 

is turbine-powered; 

(iii) One 2-hour cross country flight during 

daytime conditions in a multiengine 

airplane, and a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; 

(iv) One 2-hour cross country flight during 

nighttime conditions in a multiengine 

airplane, and a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; and 

(v) Three hours in a multiengine airplane 

within 2 calendar months before the date of 

the practical test. 

(3) For the airline transport pilot 

certificate, the course requires 25 hours of 

flight training in a multiengine airplane on 

the areas of operation under part 141, 

appendix E, paragraph 4.(c) that includes 15 

hours of instrument training. A flight 

simulator and flight training device cannot be 

used more than 12.5 hours to meet the 

training requirements, and use of the flight 

training device is limited to 6.25 hours of the 

12.5 hours permitted. 

(c) Course for an additional rotorcraft 

category and helicopter class rating. 

(1) For the recreational pilot certificate, the 

course requires 15 hours of flight training on 

the areas of operations under part 141, 

appendix A, paragraph 4.(c)(2) that 

includes— 

(i) Two hours of flight training to and at 

an airport that is located more than 25 

nautical miles from the airport where the 

applicant normally trains, with three takeoffs 

and three landings, except as provided under 

§ 61.100 of this chapter; and 

(ii) Three hours of flight training in a 

rotorcraft category and a helicopter class 

aircraft within 2 calendar months before the 

date of the practical test. 

(2) For the private pilot certificate, the 

course requires 20 hours flight training on 

the areas of operations under part 141, 

appendix B, paragraph 4.(d)(3). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Except as provided under § 61.111 of 

this chapter, 3 hours of cross country flight 

training in a helicopter; 

(ii) Three hours of nighttime flight training 

in a helicopter that includes one cross 

country flight of more than 50 nautical miles 

total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; and 

(iii) Three hours of flight training in a 

helicopter within 2 calendar months before 

the date of the practical test. 

(3) The commercial pilot certificate level 

requires 30 hours flight training on the areas 

of operations under appendix D of part 141, 

paragraph 4.(d)(3). A flight simulator and 

flight training device cannot be used more 

than 9 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6 hours of the 9 hours 

permitted. The course must include— 

(i) Five hours on the control and 

maneuvering of a helicopter solely by 

reference to instruments, and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems. This aeronautical experience may be 

performed in an aircraft, flight simulator, 

flight training device, or an aviation training 

device; 

(ii) One 2-hour cross country flight during 

daytime conditions in a helicopter, a total 

straight-line distance of more than 50 

nautical miles from the original point of 

departure; 

(iii) One 2-hour cross country flight during 

nighttime conditions in a helicopter, a total 

straight-line distance of more than 50 

nautical miles from the original point of 

departure; and 

(iv) Three hours in a helicopter within 2 

calendar months before the date of the 

practical test. 

(4) For the airline transport pilot 

certificate, the course requires 25 hours of 

flight training, including 15 hours of 

instrument training, in a helicopter on the 

areas of operation under part 141, appendix 

E, paragraph 4.(c). A flight simulator and 

flight training device cannot be used more 

than 12.5 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6.25 hours of the 12.5 

hours permitted. 

(d) Course for an additional rotorcraft 

category and a gyroplane class rating. 

(1) For the recreational pilot certificate, the 

course requires 15 hours flight training on 

the areas of operations under part 141, 

appendix A, paragraph 4.(c)(3) that 

includes— 

(i) Two hours of flight training to and at 

an airport that is located more than 25 

nautical miles from the airport where the 

applicant normally trains, with three takeoffs 

and three landings, except as provided under 

§ 61.100 of this chapter; and 

(ii) Three hours of flight training in a 

gyroplane class within 2 calendar months 

before the date of the practical test. 

(2) For the private pilot certificate, the 

course requires 20 hours flight training on 

the areas of operations under part 141, 

appendix B, paragraph 4.(d)(4). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Three hours of cross country flight 

training in a gyroplane, except as provided 

under § 61.111 of this chapter; 


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42568 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

(ii) Three hours of nighttime flight training 

in a gyroplane that includes one cross 

country flight of more than 50 nautical miles 

total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; and 

(iii) Three hours of flight training in a 

gyroplane within 2 calendar months before 

the date of the practical test. 

(3) For the commercial pilot certificate, the 

course requires 30 hours flight training on 

the areas of operations of appendix D to part 

141, paragraph 4.(d)(4). A flight simulator 

and flight training device cannot be used 

more than 6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6 hours of the 9 hours 

permitted. The course must include— 

(i) 2.5 hours on the control and 

maneuvering of a gyroplane solely by 

reference to instruments, and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems. This aeronautical experience may be 

performed in an aircraft, flight simulator, 

flight training device, or an aviation training 

device. 

(ii) One 2-hour cross country flight during 

daytime conditions in a gyroplane, a total 

straight-line distance of more than 50 

nautical miles from the original point of 

departure; 

(iii) Two hours of flight training during 

nighttime conditions in a gyroplane at an 

airport, that includes 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern); and 

(iv) Three hours in a gyroplane within 2 

calendar months before the date of the 

practical test. 

(e) Course for an additional lighter-than-air 

category and airship class rating. 

(1) For the private pilot certificate, the 

course requires 20 hours of flight training on 

the areas of operation under part 141, 

appendix B, paragraph 4.(d)(7). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Three hours of cross country flight 

training in an airship, except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in an airship that includes one cross country 

flight of more than 25 nautical miles total 

distance and 5 takeoffs and 5 landings to a 

full stop (with each landing involving a flight 

in the traffic pattern) at an airport; 

(iii) Three hours of flight training in an 

airship on the control and maneuvering of an 

airship solely by reference to instruments, 

including straight and level flight, constant 

airspeed climbs and descents, turns to a 

heading, recovery from unusual flight 

attitudes, radio communications, and the use 

of navigation systems/facilities and radar 

services appropriate to instrument flight; and 

(iv) Three hours of flight training in an 

airship within 2 calendar months before the 

date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 55 hours of flight training on 

the areas of operation under part 141, 

appendix D, paragraph 4.(d)(7). A flight 

simulator and flight training device cannot be 

used more than 16.5 hours to meet the 

training requirements, and use of the flight 

training device is limited to 11 hours of the 

16.5 hours permitted. The course must 

include— 

(i) Three hours of instrument training in an 

airship that must include training using a 

view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems; 

(ii) One hour cross country flight during 

daytime conditions in an airship that consists 

of, a total straight-line distance of more than 

25 nautical miles from the original point of 

departure; 

(iii) One hour cross country flight during 

nighttime conditions in an airship that 

consists of a total straight-line distance of 

more than 25 nautical miles from the original 

point of departure; and 

(iv) Three hours of flight training in an 

airship within 2 calendar months before the 

date of the practical test. 

(f) Course for an additional lighter-than-air 

category and a gas balloon class rating. 

(1) For the private pilot certificate, the 

course requires eight hours of flight training 

that includes 5 training flights on the areas 

of operations under part 141, appendix B, 

paragraph 4(d)(8). A flight simulator and 

flight training device cannot be used more 

than 1.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 1.2 hours of the 1.6 hours 

permitted. The course must include— 

(i) Two flights of 1 hour each; 

(ii) One flight involving a controlled ascent 

to 3,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of flight training 

that includes eight training flights on the 

areas of operations under part 141, appendix 

D, paragraph 4(d)(8). A flight simulator and 

flight training device cannot be used more 

than 3 hours to meet the training 

requirements, and use of the flight training 

device is limited to 2 hours of the 3 hours 

permitted. The course must include— 

(i) Two flights of 1 hour each; 

(ii) One flight involving a controlled ascent 

to 5,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(g) Course for an additional lighter-than-air 

category and a hot air balloon class rating. 

(1) For the private pilot certificate, the 

course requires eight hours of flight training 

that includes 5 training flights on the areas 

of operations under part 141, appendix B, 

paragraph 4(d)(8). A flight simulator and 

flight training device cannot be used more 

than 1.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 1.2 hours of the 1.6 hours 

permitted. The course must include— 

(i) Two flights of 30 minutes each; 

(ii) One flight involving a controlled ascent 

to 2,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of flight training 

that includes eight training flights on the 

areas of operation under part 141, appendix 

D, paragraph 4(d)(8). A flight simulator and 

flight training device cannot be used more 

than 3 hours to meet the training 

requirements, and use of the flight training 

device is limited to 2 hours of the 3 hours 

permitted. The course must include— 

(i) Two flights of 30 minutes each; 

(ii) One flight involving a controlled ascent 

to 3,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(h) Course for an additional powered-lift 

category rating. 

(1) For the private pilot certificate, the 

course requires 20 hours flight training on 

the areas of operations under part 141, 

appendix B, paragraph 4(d)(5). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Three hours of cross country flight 

training in a powered-lift except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a powered-lift that includes one crosscountry flight of more than 100 nautical 

miles total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; 

(iii) Three hours of flight training in a 

powered-lift on the control and maneuvering 

of a powered-lift solely by reference to 

instruments, including straight and level 

flight, constant airspeed climbs and descents, 

turns to a heading, recovery from unusual 

flight attitudes, radio communications, and 

the use of navigation systems/facilities and 

radar services appropriate to instrument 

flight; 

(iv) Three hours of flight training in a 

powered-lift within 2 calendar months before 

the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 55 hours flight training on 

the areas of operations under part 141, 

appendix D, paragraph 4(d)(5). A flight 

simulator and flight training device cannot be 

used more than 16.5 hours to meet the 

training requirements, and use of the flight 

training device is limited to 11 hours of the 

16.5 hours permitted. The course includes— 

(i) Five hours of instrument training in a 

powered-lift that must include training using 

a view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems; 

(ii) One 2-hour cross country flight during 

daytime conditions in a powered-lift, a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; 

(iii) One 2-hour cross country flight during 

nighttime conditions in a powered-lift, a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; and 

(iv) Three hours of flight training in a 

powered-lift within 2 calendar months before 

the date of the practical test. 


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Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42569 

(3) For the airline transport pilot 

certificate, the course requires 25 hours flight 

training in a powered-lift on the areas of 

operation under part 141, appendix E, 

paragraph 4(c) that includes 15 hours of 

instrument training. A flight simulator and 

flight training device cannot be used more 

than 12.5 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6.25 hours of the 12.5 

hours permitted. 

(i) Course for an additional glider category 

rating. 

(1) For the private pilot certificate, the 

course requires 4 hours of flight training in 

a glider on the areas of operations under part 

141, appendix B, paragraph 4(d)(6). A flight 

simulator and flight training device cannot be 

used more than 0.8 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.6 hours of the 0.8 hours 

permitted. The course must include— 

(i) Five training flights in a glider with a 

certificated flight instructor on the launch/ 

tow procedures approved for the course and 

on the appropriate approved areas of 

operation listed under appendix B, paragraph 

4(d)(6) of this part; and 

(ii) Three training flights in a glider with 

a certificated flight instructor within 2 

calendar months before the date of the 

practical test. 

(2) The commercial pilot certificate level 

requires 4 hours of flight training in a glider 

on the areas of operation under part 141, 

appendix D, paragraph 4.(d)(6). A flight 

simulator and flight training device cannot be 

used more than 0.8 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.6 hours of the 0.8 hours 

permitted. The course must include— 

(j) Course for an airplane additional single 

engine class rating. 

(1) For the private pilot certificate, the 

course requires 3 hours of flight training in 

the areas of operations under part 141, 

appendix B, paragraph 4.(d)(1). A flight 

simulator and flight training device cannot be 

used more than 0.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.4 hours of the 0.6 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

a single engine airplane, except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a single engine airplane that includes one 

cross country flight of more than 100 nautical 

miles total distance in a single engine 

airplane and 10 takeoffs and 10 landings to 

a full stop (with each landing involving a 

flight in the traffic pattern) at an airport; 

(iii) Three hours of flight training in a 

single engine airplane on the control and 

maneuvering of a single engine airplane 

solely by reference to instruments, including 

straight and level flight, constant airspeed 

climbs and descents, turns to a heading, 

recovery from unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

(iv) Three hours of flight training in a 

single engine airplane within 2 calendar 

months before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of flight training on 

the areas of operations under part 141, 

appendix D, paragraph 4.(d)(1). 

(i) Five hours of instrument training in a 

single engine airplane that must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems. 

(ii) Ten hours of flight training in an 

airplane that has retractable landing gear, 

flaps, and a controllable pitch propeller, or 

is turbine-powered. 

(iii) One 2-hour cross country flight during 

daytime conditions in a single engine 

airplane and a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; 

(iv) One 2-hour cross country flight during 

nighttime conditions in a single engine 

airplane and a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; and 

(v) Three hours of flight training in a single 

engine airplane within 2 calendar months 

before the date of the practical test. 

(3) For the airline transport pilot 

certificate, the course requires 25 hours flight 

training in a single engine airplane on the 

areas of operation under appendix E to part 

141, paragraph 4.(c), that includes 15 hours 

of instrument training. A flight simulator and 

flight training device cannot be used more 

than 12.5 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6.25 hours of the 12.5 

hours permitted. 

(k) Course for an airplane additional 

multiengine class rating. 

(1) For the private pilot certificate, the 

course requires 3 hours of flight training on 

the areas of operations of appendix B to part 

141, paragraph 4(d)(2). A flight simulator and 

flight training device cannot be used more 

than 0.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.4 hours of the 0.6 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

a multiengine airplane, except as provided 

under § 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a multiengine airplane that includes one 

cross country flight of more than 100 nautical 

miles total distance in a multiengine 

airplane, and 10 takeoffs and 10 landings to 

a full stop (with each landing involving a 

flight in the traffic pattern) at an airport; 

(iii) Three hours of flight training in a 

multiengine airplane on the control and 

maneuvering of a multiengine airplane solely 

by reference to instruments, including 

straight and level flight, constant airspeed 

climbs and descents, turns to a heading, 

recovery from unusual flight attitudes, radio 

communications, and the use of navigation 

systems/facilities and radar services 

appropriate to instrument flight; and 

(iv) Three hours of flight training in a 

multiengine airplane within 2 calendar 

months before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of training on the 

areas of operations under appendix D of part 

141, paragraph 4(d)(2). A flight simulator and 

flight training device cannot be used more 

than 3 hours to meet the training 

requirements, and use of the flight training 

device is limited to 2 hours of the 3 hours 

permitted. The course must include— 

(i) Five hours of instrument training in a 

multiengine airplane that must include 

training using a view-limiting device on for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems; 

(ii) Ten hours of training in a multiengine 

airplane that has retractable landing gear, 

flaps, and a controllable pitch propeller, or 

is turbine-powered; 

(iii) One 2-hour cross country flight during 

daytime conditions in a multiengine airplane 

and, a total straight-line distance of more 

than 100 nautical miles from the original 

point of departure; 

(iv) One 2-hour cross country flight during 

nighttime conditions in a multiengine 

airplane and, a total straight-line distance of 

more than 100 nautical miles from the 

original point of departure; and 

(iv) Three hours of flight training in a 

multiengine airplane within 2 calendar 

months before the date of the practical test. 

(3) For the airline transport pilot 

certificate, the course requires 25 hours of 

training in a multiengine airplane on the 

areas of operation of appendix E to part 141, 

paragraph 4.(c) that includes 15 hours of 

instrument training. A flight simulator and 

flight training device cannot be used more 

than 12.5 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6.25 hours of the 12.5 

hours permitted. 

(l) Course for a rotorcraft additional 

helicopter class rating. 

(1) For the recreational pilot certificate, the 

course requires 3 hours of flight training on 

the areas of operations under appendix A of 

part 141, paragraph 4.(c)(2) that includes— 

(i) Two hours of flight training to and at 

an airport that is located more than 25 

nautical miles from the airport where the 

applicant normally trains, with three takeoffs 

and three landings, except as provided under 

§ 61.100 of this chapter; and 

(ii) Three hours of flight training in a 

helicopter within 2 calendar months before 

the date of the practical test. 

(2) For the private pilot certificate, the 

course requires 3 hours flight training on the 

areas of operations under appendix B of part 

141, paragraph 4.(d)(3). A flight simulator 

and flight training device cannot be used 

more than 0.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.4 hours of the 0.6 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

a helicopter, except as provided under 

§ 61.111 of this chapter; 

(ii) Three hours of nighttime flight training 

in a helicopter that includes one cross 

country flight of more than 50 nautical miles 

total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; and 

(iii) Three hours of flight training in a 

helicopter within 2 calendar months before 

the date of the practical test. 


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42570 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

(3) For the commercial pilot certificate, the 

course requires 5 hours flight training on the 

areas of operations under appendix D of part 

141, paragraph 4.(d)(3). Use of a flight 

simulator and flight training device in the 

approved training course cannot exceed 1 

hour; however, use of the flight training 

device cannot exceed 0.7 of the one hour. 

The course must include— 

(i) Five hours on the control and 

maneuvering of a helicopter solely by 

reference to instruments, and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems. This aeronautical experience may be 

performed in an aircraft, flight simulator, 

flight training device, or an aviation training 

device; 

(ii) One 2-hour cross country flight during 

daytime conditions in a helicopter and, a 

total straight-line distance of more than 50 

nautical miles from the original point of 

departure; 

(iii) One 2-hour cross country flight during 

nighttime conditions in a helicopter and a 

total straight-line distance of more than 50 

nautical miles from the original point of 

departure; and 

(iv) Three hours of flight training in a 

helicopter within 2 calendar months before 

the date of the practical test. 

(4) For the airline transport pilot 

certificate, the course requires 25 hours of 

flight training in a helicopter on the areas of 

operation under appendix E of part 141, 

paragraph 4.(c) that includes 15 hours of 

instrument training. A flight simulator and 

flight training device cannot be used more 

than 12.5 hours to meet the training 

requirements, and use of the flight training 

device is limited to 6.25 hours of the 12.5 

hours permitted. 

(m) Course for a rotorcraft additional 

gyroplane class rating. 

(1) For the recreational pilot certificate, the 

course requires 3 hours flight training on the 

areas of operations of appendix A to part 141, 

paragraph 4.(c)(3) that includes— 

(i) Except as provided under § 61.100 of 

this chapter, 2 hours of flight training to and 

at an airport that is located more than 25 

nautical miles from the airport where the 

applicant normally trains, with three takeoffs 

and three landings; and 

(ii) Within 2 calendar months before the 

date of the practical test, 3 hours of flight 

training in a gyroplane. 

(2) For the private pilot certificate, the 

course requires 3 hours flight training on the 

areas of operations of appendix B to part 141, 

paragraph 4.(d)(4). A flight simulator and 

flight training device cannot be used more 

than 0.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 0.4 hours of the 0.6 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

a gyroplane; 

(ii) Three hours of nighttime flight training 

in a gyroplane that includes one cross 

country flight of more than 50 nautical miles 

total distance, and 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern) at an 

airport; and 

(iii) Three hours of flight training in a 

gyroplane within 2 calendar months before 

the date of the practical test. 

(3) For the commercial pilot certificate, the 

course requires 5 hours flight training on the 

areas of operations of appendix D to part 141, 

paragraph 4.(d)(4). A flight simulator and 

flight training device cannot be used more 

than 1 hour to meet the training 

requirements, and use of the flight training 

device is limited to 0.7 hours of the 1 hour 

permitted. The course must include— 

(i) 2.5 hours on the control and 

maneuvering of a gyroplane solely by 

reference to instruments, and must include 

training using a view-limiting device for 

attitude instrument flying, partial panel 

skills, recovery from unusual flight attitudes, 

and intercepting and tracking navigational 

systems. This aeronautical experience may be 

performed in an aircraft, flight simulator, 

flight training device, or an aviation training 

device. 

(ii) Three hours of cross country flight 

training in a gyroplane, except as provided 

under § 61.111 of this chapter; 

(iii) Two hours of flight training during 

nighttime conditions in a gyroplane at an 

airport that includes 10 takeoffs and 10 

landings to a full stop (with each landing 

involving a flight in the traffic pattern); and 

(iv) Three hours of flight training in a 

gyroplane within 2 calendar months before 

the date of the practical test. 

(n) Course for a lighter-than-air additional 

airship class rating. 

(1) For the private pilot certificate, the 

course requires 20 hours of flight training on 

the areas of operation under appendix B of 

part 141, paragraph 4.(d)(7). A flight 

simulator and flight training device cannot be 

used more than 4 hours to meet the training 

requirements, and use of the flight training 

device is limited to 3 hours of the 4 hours 

permitted. The course must include— 

(i) Three hours of cross country training in 

an airship, except as provided under § 61.111 

of this chapter; 

(ii) Three hours of nighttime flight training 

in an airship that includes one cross country 

flight of more than 25 nautical miles total 

distance, and 5 takeoffs and 5 landings to a 

full stop (with each landing involving a flight 

in the traffic pattern) at an airport; 

(iii) Three hours of flight training in an 

airship on the control and maneuvering of an 

airship solely by reference to instruments, 

including straight and level flight, constant 

airspeed climbs and descents, turns to a 

heading, recovery from unusual flight 

attitudes, radio communications, and the use 

of navigation systems/facilities and radar 

services appropriate to instrument flight; and 

(iv) Three hours of flight training in an 

airship within 2 calendar months before the 

date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 55 hours of flight training on 

the areas of operation under appendix D of 

part 141, paragraph 4.(d)(7). A flight 

simulator and flight training device cannot be 

used more than 16.5 hours to meet the 

training requirements, and use of the flight 

training device is limited to 11 hours of the 

16.5 hours permitted. The course must 

include— 

(i) Three hours of instrument training in an 

airship that must include training using a 

view-limiting device for attitude instrument 

flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems; 

(ii) One hour cross country flight during 

daytime conditions in an airship that consists 

of a total straight-line distance of more than 

25 nautical miles from the original point of 

departure; 

(iii) One hour cross country flight during 

nighttime conditions in an airship that 

consists of a total straight-line distance of 

more than 25 nautical miles from the original 

point of departure; and 

(iv) Three hours of flight training in an 

airship within 2 calendar months before the 

date of the practical test. 

(o) Course for a lighter-than-air additional 

gas balloon class rating. 

(1) For the private pilot certificate, the 

course requires eight hours of flight training 

that includes 5 training flights on the areas 

of operations under appendix B of part 141, 

paragraph 4.(d)(8). A flight simulator and 

flight training device cannot be used more 

than 1.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 1.2 hours of the 1.6 hours 

permitted. The course must include— 

(i) Two flights of 1 hour each; 

(ii) One flight involving a controlled ascent 

to 3,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of flight training 

that includes eight training flights on the 

areas of operations of appendix D to part 141, 

paragraph 4.(d)(8). A flight simulator and 

flight training device cannot be used more 

than 3 hours to meet the training 

requirements, and use of the flight training 

device is limited to 2 hours of the 3 hours 

permitted. The course must include— 

(i) Two flights of 1 hour each; 

(ii) One flight involving a controlled ascent 

to 5,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(p) Course for a lighter-than-air additional 

hot air balloon class rating. 

(1) For the private pilot certificate, the 

course requires 8 hours of flight training that 

includes 5 training flights on the areas of 

operations of appendix B to part 141, 

paragraph 4.(d)(8). A flight simulator and 

flight training device cannot be used more 

than 1.6 hours to meet the training 

requirements, and use of the flight training 

device is limited to 1.2 hours of the 1.6 hours 

permitted. The course must include— 

(i) Two flights of 30 minutes each; 

(ii) One flight involving a controlled ascent 

to 2,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

(2) For the commercial pilot certificate, the 

course requires 10 hours of flight training 

that includes eight training flight on the areas 

of operation of appendix D to part 141, 

paragraph 4.(d)(8). A flight simulator and 

flight training device cannot be used more 

than 3 hours to meet the training 

requirements, and use of the flight training 


srobinson on DSKHWCL6B1PROD with RULES2
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42571 

device is limited to 2 hours of the 3 hours 

permitted. The course must include— 

(i) Two flights of 30 minutes each. 

(ii) One flight involving a controlled ascent 

to 3,000 feet above the launch site; and 

(iii) Two flights within 2 calendar months 

before the date of the practical test. 

* * * * * 

Issued in Washington, DC, on August 5, 

2009. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. E9–19353 Filed 8–20–09; 8:45 am] 

BILLING CODE 4910–13–P 


srobinson on DSKHWCL6B1PROD with RULES2