[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 80020-80054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22018]



[[Page 80019]]

Vol. 89

Tuesday,

No. 190

October 1, 2024

Part II





Department of Transportation





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Rural Business-Cooperative Service





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14 CFR Parts 11, 61, 63, et al.





Removal of Expiration Date on a Flight Instructor Certificate; 
Additional Qualification Requirements To Train Initial Flight 
Instructor Applicants; and Other Provisions; Final Rule

Federal Register / Vol. 89 , No. 190 / Tuesday, October 1, 2024 / 
Rules and Regulations

[[Page 80020]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11, 61, 63, 65, and 141

[Docket No. FAA-2023-0825; Amdt. Nos. 11-67, 61-155, 63-47, 65-65, and 
141-25]
RIN 2120-AL25


Removal of Expiration Date on a Flight Instructor Certificate; 
Additional Qualification Requirements To Train Initial Flight 
Instructor Applicants; and Other Provisions

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action removes the expiration date on flight instructor 
certificates to align with other airman certificates. Additional 
amendments include updating renewal requirements to recent experience 
requirements, introducing a new method for establishing recent flight 
instructor experience, and allowing instructors with a lapse of no more 
than three months to reinstate privileges via an approved flight 
instructor refresher course instead of a practical test. This final 
rule also adds two new methods for flight instructors to qualify to 
train initial applicants. Finally, this final rule relocates and 
codifies the requirements for relief for U.S. military and civilian 
personnel who seek to renew their expired flight instructor 
certificate.

DATES: This final rule is effective December 1, 2024, except that 
amendatory instruction 10 is effective March 1, 2027.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Allan G. Kash, Training and 
Certification Group, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-1100; email <a href="/cdn-cgi/l/email-protection#6b0a07070a05450c45000a18032b570a4b03190e0d56" http: faa.gov">faa.gov</a>">allan.g.kash@faa.gov</a>.

SUPPLEMENTARY INFORMATION: 

List of Abbreviations and Acronyms Frequently Used In This Document

AATD: Advanced Aviation Training Device
ATD: Aviation Training Device
BATD: Basic Aviation Training Device
FFS: Full Flight Simulator
FIEQTP: Flight Instructor Enhanced Qualification Training Program
FIRC: Flight Instructor Refresher Course
FSTD: Flight Simulation Training Device
FTD: Flight Training Device
NPRM: Notice of Proposed Rulemaking
WINGS: FAA's Pilot Proficiency Program

Table of Contents

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Changes Made in This Final Rule
    C. Summary of the Costs and Benefits
II. Authority for This Rulemaking
III. Background
    A. Statement of the Problem
    B. Summary of the NPRM
    C. General Overview of Comments
IV. Discussion of Comments and the Final Rule
    A. Removal of Expiration Date on Flight Instructor Certificates 
(Sec.  61.19)
    B. Changing the Flight Instructor Certificate Renewal 
Requirements to Flight Instructor Recent Experience Requirements 
(Sec.  61.197)
    C. Recent Experience Based on Instructional Activity in an FAA-
Sponsored Pilot Proficiency Program (Sec.  61.197(b)(2)(v))
    D. Reinstatement of Flight Instructor Privileges by FIRC (Sec.  
61.199)
    E. Instructor Qualifications for Training Initial Flight 
Instructor Applicants (Sec.  61.195(h); Sec.  141.11; Part 141, 
Appendix K)
    F. Conforming Amendments (Sec. Sec.  61.2, 61.56, 61.425, 
61.427)
    G. SFAR No. 100-2 Codification Under Sec.  61.40 and Associated 
Amendments
    H. Miscellaneous Comments
V. Severability
VI. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
VII. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory 
Cooperation
VIII. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

A. Purpose of the Regulatory Action

    This final rule amends part 61 of title 14 of the Code of Federal 
Regulations (14 CFR) by revising the expiration, renewal, and 
reinstatement requirements for flight instructor certificates and 
revising the qualifications for flight instructors training initial 
flight instructor applicants.
    As explained in section III.A. of the preamble, the FAA will remove 
the expiration date on flight instructor certificates to align with 
other airmen certificates. The flight instructor certificate renewal 
requirements will become recent experience requirements, which flight 
instructors must establish at least once every 24 calendar months. The 
final rule also adds a new method for flight instructors to establish 
recent experience by serving as a flight instructor in an FAA-sponsored 
pilot proficiency program. Additionally, while the FAA is not removing 
any existing allowances to renew a flight instructor certificate, as is 
discussed in section III.A. of this preamble, this final rule amends 
the reinstatement requirements of Sec.  61.199 by allowing flight 
instructors to reinstate their flight instructor privileges by taking 
an approved flight instructor refresher course (FIRC), provided their 
recent experience has not lapsed for more than three calendar months.
    As discussed in section IV.E. of the preamble, this final rule also 
revises the qualifications for instructors seeking to train initial 
flight instructor applicants. Specifically, the FAA is updating the 
existing qualification method by adding two new options. The first new 
option is based on training and endorsing successful applicants for 
practical tests. The FAA is also introducing a second new option as a 
method of qualification by completion of a new training program 
designed to prepare flight instructors to train initial flight 
instructor applicants.
    Finally, the FAA will relocate and codify Special Federal Aviation 
Regulation (SFAR) No. 100-2, Relief for U.S. Military and Civilian 
Personnel who are Assigned Outside the United States in Support of U.S. 
Armed Forces Operations, into parts 61, 63, and 65, respectively. The 
codification of SFAR No. 100-2 is further discussed in section IV.F. of 
this preamble.

B. Changes Made in This Final Rule

    This final rule adopts the amendments largely as proposed. The FAA 
notes three revisions to the rule, as explained in section IV. of this 
preamble.
    This final rule revises the recent experience requirements based on 
instructional activity in an FAA-sponsored pilot proficiency program to 
clarify that 15 activities, rather than 15 hours of flight training, 
are required under the pilot proficiency program.
    Additionally, this final rule revises Sec.  61.197(b)(2)(i) to 
clarify that the 80 percent passage rate is based on all practical test 
applicants endorsed by the

[[Page 80021]]

recommending instructor in the preceding 24 calendar months.
    The FAA has identified an unintended omission in the NPRM regarding 
a reference to flight instructor certificate expiration in Sec.  
61.51(h)(2)(ii). To correct this, the FAA will implement a two-phased 
amendment to this rule. The first phase will ensure that flight 
instructors who hold a flight instructor certificate with an expiration 
date and flight instructors who hold a flight instructor certificate 
without an expiration date will remain compliant with the requirements 
of Sec.  61.51 when logging training time in pilot logbooks after the 
effective date of the final rule. The second phase will begin 27 months 
after the effective date of the final rule. This second amendment will 
remove references to the flight instructor certificate expiration date 
from Sec.  61.51. The detailed discussion and rationale behind these 
changes are further discussed in section IV.G. of this preamble.
    Finally, this final rule more precisely describes the timeframe 
that a person may exercise the relief set forth in new Sec.  61.40, 
currently SFAR 100-2, as (1) while the person serves in an operation as 
set forth in Sec.  61.40(b)(1), or (2) six calendar months after 
returning to the United States.
    The FAA notes that there is no cost impact associated with any of 
the changes adopted in this final rule.

C. Summary of the Costs and Benefits

    The FAA estimates this rule to result in $5.6 million, discounted 
over five years, in cost savings to FAA and industry, which includes 
removing the expiration date on the flight instructor certificate as 
well as allowing flight instructors whose recent experience has lapsed 
by no more than three calendar months to reinstate flight instructor 
privileges by taking a FIRC. These cost savings are driven primarily by 
the cost savings to industry of removing the expiration date on the 
flight instructor certificate.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 
106, describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    The FAA is issuing this final rule under the authority described in 
49 U.S.C. 106(f), which establishes the authority of the Administrator 
to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which 
requires the Administrator to promote safe flight of civil aircraft in 
air commerce by prescribing regulations and setting minimum standards 
for other practices, methods, and procedures necessary for safety in 
air commerce and national security; and 49 U.S.C. 44703(a), which 
requires the Administrator to prescribe regulations for the issuance of 
airman certificates when the Administrator finds, after investigation, 
that an individual is qualified for and physically able to perform the 
duties related to the position authorized by the certificate. This 
rulemaking is within the scope of that authority. Finally, the FAA has 
determined that this rule satisfies the requirements of section 820 of 
the FAA Reauthorization Act of 2024, which requires the FAA to 
promulgate this final rule within 18 months after the date of enactment 
of the Act, to at a minimum, update part 61, Code of Federal 
Regulations, to remove the expiration date on the flight instructor 
certificate, and replace the requirement that a flight instructor 
renews their flight instructor certificate with appropriate recent 
experience requirements.\1\
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    \1\ Section 820 of Public Law 118-63, 138 Stat. 1330 (49 U.S.C. 
44939 note).
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III. Background

A. Statement of the Problem

    As discussed in the notice of proposed rulemaking (NPRM),\2\ under 
Sec.  61.19(d), a flight instructor certificate expires 24 calendar 
months from the month in which it was issued, renewed, or reinstated, 
as appropriate, except as provided in Sec.  61.197(b).\3\ Therefore, 
the FAA currently issues physical flight instructor certificates every 
time a flight instructor renews or reinstates their flight instructor 
certificate, which is at least every 24 calendar months, resulting in a 
process that is burdensome, inefficient, and costly to the FAA. 
Specifically, this process requires the FAA to process, print, and mail 
new certificates to all flight instructor certificate holders. Further, 
most airman certificates under part 61 do not have expiration dates; 
rather, a person may exercise the privileges of an airman certificate 
only if that person meets the appropriate recent experience 
requirements of part 61 specific to the operation or activity.
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    \2\ Removal of Expiration Date on a Flight Instructor 
Certificate; Additional Qualification Requirements to Train Initial 
Flight Instructor Applicants; and Other Provisions NPRM, 88 FR 32983 
(May 23, 2023).
    \3\ Section 61.197(b) prescribes requirements for determining 
the expiration month of a renewed flight instructor certificate.
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    Industry advocates have expressed support for removing the 
expiration date on a flight instructor certificate and amending the 
renewal and reinstatement requirements, asserting that an expiration 
date on a flight instructor certificate is overly burdensome, costly, 
and provides no safety benefits. As described in the NPRM, on September 
14, 1999, and again on March 13, 2000, the Aircraft Owners and Pilots 
Association (AOPA) petitioned the FAA to remove the expiration date on 
a flight instructor certificate. AOPA expressed concern that many 
current and former flight instructors perceive the existing FAA 
regulatory requirement for certificate expiration and reinstatement as 
a significant disincentive to renewing an expired flight instructor 
certificate. AOPA's petition also asserted that flight instructor 
certificate expirations have substantially reduced the number of 
otherwise qualified and experienced part-time flight instructors.
    In addition to AOPA's position on the flight instructor expiration, 
AOPA petitioned the FAA to consider adding a three-month grace period 
to allow flight instructors to reestablish recent experience by 
completing an FIRC within those three months. Under the current rules, 
flight instructors who do not renew their certificates before 
expiration must successfully complete a full practical test to 
reinstate their flight instructor certificate, a process that can be 
both expensive and time-consuming. AOPA asserted that a three-month 
grace period would directly benefit the public by encouraging many 
flight instructors with expired certificates to rejoin the 
instructional community and eliminating the need for over 9,700 salary 
hours of unnecessary administrative processing while not adversely 
affecting the quality of flight training or flight safety.
    As discussed in the NPRM to this final rule, the FAA published an 
NPRM in 2007 after receipt of AOPA's petitions \4\ that would have 
issued flight instructor certificates without an expiration date; 
however, the FAA decided to withdraw the proposal and implemented a 
simplified application process. However, this simplified application 
process did not sufficiently address the administrative burden on the 
FAA and flight instructors of renewing flight instructor certificates. 
Additionally, retaining the expiration dates on flight instructor 
certificates is inconsistent with most airman certificates issued under 
part 61, which

[[Page 80022]]

do not have expiration dates. Furthermore, the reinstatement 
requirements continue to provide a disincentive for flight instructors 
to reinstate their flight instructor certificates shortly after 
expiration because the only option available to reinstate a flight 
instructor certificate is to pass a flight instructor practical test.
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    \4\ See 88 FR at 32985 for additional discussion on the 2007 
rulemaking action.
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    The FAA also recognizes the need for more qualified instructors to 
train new flight instructor applicants. Currently, flight instructors 
are required to have a minimum of 24 calendar months of instructional 
experience before they are eligible to train new flight instructor 
applicants. The flight training industry is impacted by the supply of 
flight instructors necessary to support future growth in aviation.
    Finally, in Special Federal Aviation Regulation (SFAR) No. 100-2, 
the FAA recognizes the unique circumstances of certain members of the 
armed forces deployed outside the United States who may be unable to 
renew their certificates due to military commitments. An SFAR is 
typically expected to be effective for a discrete period of time to 
address temporary circumstances. However, as evident from the history 
of SFAR No. 100-2, discussed at length in the NPRM,\5\ the FAA finds an 
ongoing need to retain this relief more permanently due to ongoing 
overseas military operations. Therefore, the FAA has determined that 
the content of SFAR No. 100-2 should be incorporated within part 61 in 
lieu of the SFAR.
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    \5\ 88 FR at 32992.
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B. Summary of the NPRM

    The FAA published an NPRM on May 23, 2023.\6\ The FAA proposed to 
remove the expiration date from flight instructor certificates, revise 
the renewal requirements for flight instructors, amend the flight 
instructor privileges to train initial flight instructor applicants, 
and incorporate the provisions of SFAR No. 100-2 within part 61. The 
initial comment period closed on June 22, 2023.
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    \6\ 88 FR at 32983.
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    Commenters were instructed to provide comments on or before June 
22, 2023 (i.e., 30 days from the date of publication of the NPRM). 
However, during the original comment period, the FAA received a request 
to extend the comment period to provide additional time to the public 
to comment on the proposed rule.\7\ Specifically, the comment proposed 
several recommendations in lieu of the proposed rulemaking. One such 
recommendation urged the FAA to convene a working group and consult 
with the flight training industry and, at a minimum, an extension of 
the comment period until after AirVenture 2023.\8\ The FAA reopened the 
comment period for an additional thirty (30) days, from November 1, 
2023, through December 1, 2023.\9\ This decision aligns with the 
guidance of Executive Order 13563,\10\ which advocates for a minimum 
60-day comment period to ensure the public has a meaningful opportunity 
to comment. With this extension, the total comment period was 60 days.
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    \7\ comment from William Edwards, Docket No. FAA-2023-0825-0132.
    \8\ The Experimental Aircraft Association's AirVenture Oshkosh 
Air Show was held from July 24 through July 30, 2023.
    \9\ Removal of Expiration Date on a Flight Instructor 
Certificate; Additional Qualification Requirements to Train Initial 
Flight Instructor Applicants; and Other Provisions Extension of 
Comment Period, 88 FR 74908 (Nov. 1, 2023).
    \10\ www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
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C. General Overview of Comments

    One hundred sixty commenters responded to this NPRM during the 
initial 30-day comment period. The FAA received nine additional 
comments during the reopened comment period.\11\
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    \11\ Three of the additional comments received were duplicates. 
Therefore, the total number of unique comments received was 166.
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    Nineteen comments were from organizations, and the remainder were 
from individuals. The organizations who commented included industry 
advocacy groups, flight training providers, and flight instructor 
refresher course (FIRC) providers. Commenters included Air Line Pilots 
Association, International (ALPA); Aircraft Owners and Pilots 
Association (AOPA); AceCFI FIRC, American Flyers; Aviation Seminars; 
Eastern Kentucky University; Embry-Riddle Aeronautical University; 
Experimental Aircraft Association (EAA); Gleim Publications, Inc.; King 
Schools, Inc.; Lake Superior Helicopters; LeTourneau University; 
Liberty University School of Aeronautics; National Association of 
Flight Instructors (NAFI); Soaring Safety Foundation (SSF); Society of 
Aviation Flight Educators (SAFE); University of North Dakota; Western 
Michigan University; and Wright Base Flight Training.
    The FAA received 34 comments generally supporting the rule as 
proposed without recommending changes. Fifty-seven commenters opposed 
some portion of the proposed rule, although several of these commenters 
also supported portions of the proposed rule. Ninety commenters 
requested clarifications, changes, or additional provisions. A 
discussion of comments requesting specific clarifications, changes, or 
revisions to the NPRM and the FAA's responses to these requests is in 
section IV. of this preamble.

IV. Discussion of Comments and the Final Rule

A. Removal of Expiration Date on Flight Instructor Certificates (Sec.  
61.19)

    The NPRM proposed to remove the expiration date from flight 
instructor certificates, as most airman certificates issued under part 
61 do not have expiration dates. Instead, a person could exercise the 
privileges of an airman certificate without an expiration date only if 
that person meets the appropriate recent experience requirements of 
part 61 specific to the operation or activity. Therefore, the FAA 
proposed to revise Sec.  61.19(d) by creating two paragraphs under 
Sec.  61.19(d). As proposed, Sec.  61.19(d)(1) would remove the 
expiration date for flight instructor certificates issued on or after 
the final rule's effective date. Section 61.19(d)(2) would retain the 
current requirement and state that flight instructor certificates 
issued before the final rule's effective date would expire 24 calendar 
months from the month in which they were issued, renewed, or 
reinstated, as appropriate. Additionally, the FAA proposed to revise 
Sec.  61.19(a)(2) to reflect that all certificates, not only pilot 
certificates, except those issued with an expiration date, are 
considered valid unless surrendered, suspended, or revoked. The FAA 
further proposed to revise Sec.  61.19(d) to remove the reference to 
Sec.  61.197(b) since the exception no longer applied due to amendments 
to Sec.  61.197(b). While the FAA received many comments on these 
amendments, the FAA adopts the amendments as proposed. The subsequent 
discussion responds to comments received.
    Many commenters supported the proposed removal of the expiration 
date from flight instructor certificates, citing consistency with other 
airman certificates, which do not have an expiration date. Supporters 
agreed that not printing and mailing new certificates every 24 calendar 
months would result in a cost savings to the FAA. However, six 
commenters opposed the proposal because they believed removing the 
expiration date would not provide enough relief in these areas.
    One commenter supported the removal of the expiration date, 
provided that flight instructors are required to maintain instructional 
proficiency. The

[[Page 80023]]

FAA acknowledges this requirement remains and notes that the proposed 
requirement to meet flight instructor recent experience in accordance 
with Sec.  61.197 ensures instructional proficiency.
    Three commenters contended that the only cost savings from removing 
the expiration date from flight instructor certificates is to the FAA 
in the production and mailing of new certificates.
    As explained in Section III.A.1. of the NPRM preamble, the FAA's 
intent is to address industry requests to align the flight instructor 
certificate with other pilot certificates by removing the expiration 
date from the certificate. This final rule achieves this goal in 
addition to reducing the FAA's administrative burden and industry 
expense to reinstate flight instructor privileges. The economic impact 
analysis in section V.A. further details the cost savings to the FAA 
and industry.
Comments Concerning the Impact of the Expiration Date Removal on Flight 
Instructors
    Five commenters opined that the expiration date removal does not 
reduce the administrative burden to instructors, who must still meet 
recent experience requirements that are akin to the previous renewal 
requirements. The FAA maintains that the previous flight instructor 
renewal requirements are retained as recent experience options to 
ensure the quality of flight training remains unaffected by the removal 
of the expiration date on the flight instructor certificate. The recent 
experience options provide instructors flexibility to select from 
several options to maintain recent experience according to their 
individual needs and circumstances. Further consideration of comments 
specific to the proposed recent experience requirements is discussed 
separately.
    Three commenters noted that a failure to comply with recent 
experience requirements would require a flight instructor to reinstate 
their flight instructor privileges before providing flight instruction 
again, resulting in no practical change from a certificate with an 
expiration date.
    The FAA acknowledges that flight instructors may not provide flight 
instruction if their recent experience has lapsed and must reinstate 
their flight instructor privileges before exercising those privileges. 
To mitigate the impact of these requirements, the FAA proposed an 
additional option that allows a flight instructor to reinstate their 
privileges by completing an FIRC within the first three calendar months 
following a lapse of recent experience, as opposed to completing a 
practical test. Further consideration of comments specific to the 
proposed reinstatement requirements is discussed separately.
    Commenters also provided mixed assessments on the effect of 
removing the expiration date, with some supporting the proposal for its 
potential to encourage flight instructors to remain active or encourage 
new flight instructors to pursue certification due to the decreased 
burden. Others expressed concerns that it might drive longtime 
instructors to quit due to the challenges of meeting new recent 
experience requirements or adapting to changes introduced in this 
rulemaking. One other opposing commenter believed the recent experience 
requirements would present new burdens to maintaining privileges.
    The FAA reiterates that all existing renewal options will remain 
available as recent experience options. Flight instructors may complete 
a recent experience option of their choice and then submit an Airman 
Certificate and/or Rating Application (FAA Form 8710-1 or 8710-11, as 
applicable) to validate and record their recent experience.
Comments Concerning Comparison to Other Professional Certification
    Several commenters opposed the removal of the expiration date on a 
flight instructor's certificate, noting that expiration dates are 
common in other professional licenses and certifications and do not 
typically constitute a burden. Some commenters misunderstood the 
proposal, erroneously believing it would relax standards for flight 
instructors.
    In response, the FAA acknowledges that while some flight 
instructors do not perceive the expiration date as burdensome, the 
decision to remove the expiration date came as a result of requests 
from several industry pilot organizations, including AOPA. The FAA 
reiterates that the removal of the expiration date does not relax the 
standards for flight instructors who must continue to complete recent 
experience requirements in lieu of the former renewal requirements, 
ensuring that only proficient flight instructors are qualified to 
provide flight instruction.
Comments Concerning the Verification of Flight Instructor Privileges
    Numerous commenters made recommendations or highlighted concerns 
regarding the proposal's impact on the ability to verify a flight 
instructor certificate and recent experience validity. Four commenters, 
including AOPA and the National Association of Flight Instructors 
(NAFI), supported the proposal but recommended that the FAA should 
provide access to a public database to verify a flight instructor 
certificate and the instructor's recent experience. Another supporting 
commenter recommended that the FAA should notify instructors prior to 
the end of their recent experience period. The Soaring Safety 
Foundation (SSF) requested information on what flight instructor data 
the FAA will make public to identify flight instructors who could use 
their FIRC to renew their certificate.\12\ They expressed concern that 
without an expiration date, FIRC providers will not be able to contact 
and remind instructors that their instructor privileges are about to 
expire.
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    \12\ The SSF referred specifically to the FAA's Pilot Records 
Database (PRD) and sought information on how updates to the PRD will 
accommodate FIRC providers in continuing to notify flight 
instructors about relevant FIRCs. It is important to note that the 
PRD is managed by the FAA and is accessible only to Part 119 
certificate holders and fractional ownerships, not the general 
public. For publicly accessible information on airman certificates, 
including pertinent flight instructor certificate expiration dates, 
one can refer to the FAA's Airmen Certification website at 
www.faa.gov/licenses_certificates/airmen_certification.
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    Several opposing commenters expressed similar concerns. Eleven 
commenters, including two national FIRC providers, expressed concern 
that removing the expiration date could lead to instructors forgetting 
when their recent experience period ends. Six other commenters were 
concerned that without an expiration date on the flight instructor 
certificate, it would be more difficult for clients, flight schools, 
and the flight instructor themselves to determine if a flight 
instructor's privileges are valid.
    The FAA notes that a flight instructor can verify the status of 
their flight instructor certificate online at the FAA's online Airmen 
Certificate Information website or by contacting the FAA Airman 
Certification Branch. This publicly available database will continue to 
serve as a resource for flight instructors to confirm when their 
current recent experience will end, and it will allow the public to 
verify the status of a flight instructor's credentials.
    Four commenters expressed concern that a flight instructor may 
inadvertently provide instruction after their privileges lapse if they 
lose track of the end date of their current recent experience. These 
commenters believe that this could result in potential liability or 
financial consequences to both the instructor and their students if 
invalid instruction is provided or received, respectively.

[[Page 80024]]

    The FAA notes that the removal of the expiration date from flight 
instructor certificates does not increase the risk of this scenario. 
Even with an expiration date on the certificate, a flight instructor 
could inadvertently provide flight instruction after this date. The FAA 
considers flight instructors professionals capable of tracking and 
timely completing their recent experience requirements. An instructor's 
credentials can be verified using the publicly available Airmen 
Certificate Information website.
Comments Concerning the Effect on Flight Instructor Privileges
    The Air Line Pilots Association, International (ALPA) supported the 
proposal yet expressed concerns that some flight instructors might not 
comprehend the ongoing requirement to maintain recent experience or 
face the need for reinstatement. Additionally, several commenters 
seemed to misinterpret the removal of the expiration date from flight 
instructor certificates as implying that flight instructors would no 
longer need to maintain proficiency or might not receive updated 
information. Other commenters seemed to believe the proposal would 
change the requirements to maintain flight instructor privileges and 
currency. One commenter seemed to believe the rule would automatically 
reinstate expired flight instructor certificates.
    The FAA clarifies that the removal of the expiration date from 
flight instructor certificates does not alter flight instructor 
eligibility, aeronautical knowledge, or flight proficiency 
requirements. Initial flight instructor applicants will continue to be 
evaluated to the same standard as before the removal of the expiration 
date on the flight instructor certificate. As previously discussed, 
renewal requirements are retained as recent experience requirements to 
ensure flight instructors continue to maintain instructional knowledge 
and experience. The new requirements provide one additional option to 
meet recent experience, but no other new requirements to maintain 
flight instructor privileges were introduced as part of this rule. 
Finally, the FAA notes that the final rule will not automatically 
reinstate an expired flight instructor certificate. A flight instructor 
with an expired flight instructor certificate must meet one of the 
reinstatement requirements specified in Sec.  61.199 to reinstate their 
privileges.

B. Changing the Flight Instructor Certificate Renewal Requirements to 
Flight Instructor Recent Experience Requirements (Sec.  61.197)

    This final rule retains the current methods for flight instructor 
certificate renewal, as specified in Sec.  61.197(a), but refers to 
them as flight instructor recent experience requirements. Instead of 
renewing their flight instructor certificate every 24 calendar months, 
a flight instructor will now need to establish recent experience at 
least once every 24 calendar months. This change ensures the quality of 
flight training is not adversely affected by retaining the existing 
standard despite the removal of the expiration date from the flight 
instructor certificate. This change also aligns the flight instructor 
certificate with the other airman certificates in part 61 that are 
based on recent experience. The FAA notes these changes do not impose 
new requirements on flight instructors, as they may continue to select 
from one of the five existing methods to satisfy the recent experience 
requirements. Additionally, the final rule adds another option to 
satisfy recent experience, which is further explained in the FAA-
sponsored pilot proficiency program discussion of this preamble.
    Section 61.197 will continue to require flight instructors to 
submit an Airman Certificate and/or Rating Application along with 
associated documentation to the FAA upon completing the recent 
experience requirements. The submission of FAA Form 8710-1 or 8710-11, 
as applicable, remains the only acceptable method for a flight 
instructor to submit their data to the FAA to identify, validate, and 
track the flight instructor's recent experience.
    Retaining this process allows the FAA to continue tracking and 
recording the status of flight instructor certificates by capturing the 
events in which an applicant satisfies the recent experience 
requirements of Sec.  61.197 as revised in this final rule. While the 
flight instructor will not be applying to renew a certificate, using 
FAA Forms 8710-1 and 8710-11 to collect data is necessary to maintain 
an accurate record of flight instructors who are eligible to exercise 
their privileges. This process also supports the FAA's ability to 
provide necessary data to governmental offices and industry upon 
request.
    Seventy-two commenters responded to the proposed recent experience 
requirements, of which thirteen supported and twenty-nine opposed the 
proposal. Thirty commenters made suggestions or comments without 
clearly supporting or opposing this proposal.
Comments Concerning Extension of the Recent Experience Period
    Four commenters recommended extending the 24-calendar month recent 
experience period for establishing recent experience to reduce the 
frequency with which flight instructors must meet these requirements. 
Comments ranged from extending it to 36-48 calendar months, with one 
comment recommending up to 5 years, and another suggesting that flight 
instructors who have held a flight instructor certificate for over 10 
years should be exempt from recent experience requirements. A fifth 
commenter simply opposed the 24-calendar month recent experience period 
because that person believes it is an undue burden.
    However, the FAA finds the 24-calendar month period appropriate, as 
the knowledge and skills pertinent to flight instruction can diminish 
over time. This duration ensures the time between recent experience 
events is suitable for a flight instructor to best retain these 
instructional abilities. Additionally, the FAA notes that the duration 
of the 24-calendar month period is consistent with other common pilot 
recent experience periods, including the Sec.  61.56 flight review. The 
FAA declines to adopt the recommendations to extend the recent 
experience period and will retain the 24-calendar month period to 
ensure flight instructors remain proficient.
Comments Concerning Differences Between Flight Instructor Recent 
Experience and Pilot Recent Experience
    Three commenters opposed the proposed changes because they believed 
the requirements do not align flight instructor requirements with those 
for other pilot certificates, particularly noting that the requirement 
to reinstate flight instructor privileges, if recent experience 
requirements are not met, is unique to flight instructor certificates. 
Because the consequences remain the same as the previous renewal 
requirements, these commenters contended that the proposed recent 
experience requirements provide no practical relief.
    The FAA notes that a flight instructor certificate is different 
than a pilot certificate, and both certificates afford different 
privileges. The flight instructor certificate pertains to instructional 
ability rather than pilot skill. The instructional role of flight 
instructors requires specific, stringent measures to ensure safety and 
the quality of training

[[Page 80025]]

provided. This is analyzed in greater detail in the discussion 
addressing comments regarding reinstatement requirements.
    Three commenters recommended that both teaching and flying skills 
should be assessed as part of meeting recent experience requirements. 
Two of these commenters recommended that flight instructors undergo an 
evaluation similar to the flight review required by Sec.  61.56 and 
receive an endorsement from the instructor who conducted the 
evaluation. One commenter asserted that this review should be limited 
to instructors who did not provide any flight instruction in the 
preceding 24 calendar months.
    As noted earlier, the flight instructor certificate pertains to 
instructional ability rather than pilot skill. Furthermore, requiring 
all instructors to complete a ground and/or flight evaluation conducted 
by another flight instructor to meet recent experience would pose an 
unnecessary burden to instructors. The existing flight review 
requirement in Sec.  61.56 ensures that a flight instructor must 
maintain necessary piloting skills to act as pilot in command during 
flight instruction.
Comments Concerning Determination of the Recent Experience Period
    The SSF requested clarification on the use of the term ``month'' 
within the proposed Sec.  61.197(a)(1) through (3), which defines the 
start of the 24-calendar month recent experience period. The FAA notes 
that ``month'' is intended to identify a specific calendar month as 
referenced in Sec.  61.197(a), ensuring consistency with the method 
previously used in Sec.  61.197(b) for determining the flight 
instructor's expiration month.
    One commenter recommended that all recent experience activities 
should be accomplished within the three calendar months preceding the 
documenting of that recent experience in accordance with Sec.  
61.197(b). The FAA finds that this recommendation would be unsuitable 
for forms of recent experience under Sec.  61.197, other than 
completion of a FIRC. For instance, the Sec.  61.197(b)(2)(i) recent 
experience option of recommending five applicants for a practical test 
with an 80 percent pass rate on the applicants' first attempt considers 
all instructional activity in the preceding 24 calendar months to 
determine that instructor's pass rate. If this was limited to the three 
calendar months preceding the recent experience validation (i.e., 
submission of FAA Form 8710-1 or 8710-11 to a certifying official), it 
is likely very few instructors would qualify for this option. 
Furthermore, the FAA notes that even an FIRC may be started and taken 
over more than three calendar months as long as the flight instructor 
begins the course within their current recent experience period. 
Although Sec.  61.197(b)(2)(iii) requires that the FIRC must be 
completed within the preceding three calendar months of recent 
experience validation, a flight instructor is not precluded from taking 
the course gradually over a prolonged period throughout their current 
24-calendar month recent experience period.
    One commenter recommended that the FAA develop a system to 
automatically notify a flight instructor that they are nearing the end 
of their 24-calendar month recent experience period, such as by sending 
an email. Recognizing the utility of such notifications, the FAA will 
make the end date of a flight instructor's recent experience period 
publicly available through the FAA's online ``Airmen Inquiry Search 
Page'' and by contacting the FAA Airman Certification Branch directly. 
This is similar to the information previously provided regarding flight 
instructor certificate expiration dates. The FAA will continue to use 
this method.
    Additionally, the FAA notes that it does not currently have a 
system capable of all necessary functions to identify flight instructor 
certificate expiration dates or recent experience end dates and then 
send an email reminder or other appropriate notification to that 
airman. However, the FAA is considering developing an automated email 
notification system for flight instructors, like the commenter 
recommended, and will provide further information in the future.
Comments Concerning Recent Experience by Recommending Applicants for 
Practical Tests (Sec.  61.197(b)(2)(i))
    One commenter opposed the Sec.  61.197(b)(2)(i) recent experience 
option of recommending at least five applicants for a practical test 
within the preceding 24 calendar months, with at least 80 percent of 
those applicants passing the test on their first attempt. This 
commenter stated that experience does not guarantee competency and 
believed many flight instructors produce poor pilot applicants.
    The FAA recognizes that while experience alone does not guarantee 
competency, the requirement to recommend a minimum of five applicants 
for a practical test with 80 percent passing on their first attempt is 
intended to provide a verifiable measurement of a flight instructor's 
performance. Under this requirement, flight instructors must have 
demonstrated success as evidenced by the applicants' pass rate on their 
first attempt. This provides additional assurance of the flight 
instructor's competency through the objective evaluation of the 
applicants by the FAA or designated examiner. Therefore, the FAA 
retains this recent experience option.
    National FIRC provider Aviation Seminars asked several questions 
regarding recent experience based on instructional activity, in 
accordance with Sec.  61.197(b)(2)(i). Specifically, they asked if this 
recent experience option would recognize instructors who conduct Sec.  
61.56 flight reviews or the instrument proficiency checks of Sec.  
61.57(d). They also asked how flight instructors maintaining recent 
experience using this option would remain up to date on new 
information. They additionally asked how a flight instructor's activity 
and pass rate are verified during recent experience validation. 
Finally, they asked if the FAA's Integrated Airman Certification and 
Rating Application (IACRA) system would automatically prevent a flight 
instructor who does not meet recent experience requirements from 
signing other pilots' FAA Form 8710-1 or 8710-11, as applicable, as a 
recommending instructor.
    The FAA notes that flight reviews and instrument proficiency checks 
do not satisfy the recent experience option of Sec.  61.197(b)(2)(i) 
because they do not provide the demonstrated record of success 
necessary to validate competency under this specific provision. This 
recent experience requirement measures a flight instructor's competency 
based on the number of practical test endorsements the recommending 
instructor has given during the preceding 24 calendar months and the 
resulting first-time pass rate. The FAA finds that when an instructor 
validates their recent experience using Sec.  61.197(b)(2)(i), they 
would provide the certifying official the records that the flight 
instructor is required by Sec.  61.189 to maintain. Additionally, FAA 
records track and record the flight instructor's recommendations and 
pass rate through data submitted on the applicable Airman Certificate 
and/or Rating Application, FAA Form 8710-1 or 8710-11.
    Regarding the functionality of IACRA, if a flight instructor does 
not reestablish recent experience prior to the end of their recent 
experience period, IACRA will prevent their ability to process 
applications as the recommending

[[Page 80026]]

instructor. However, a brief administrative period is allowed post-
recent experience period to account for any possible delays in 
processing documentation to establish recent experience. This is 
identical to the IACRA system functionality previously used when a 
flight instructor's certificate expired.
    Eighteen commenters, including national FIRC provider Gleim 
Publications, recommended expanding the types of instructional 
activities that qualify under the Sec.  61.197(b)(2)(i) recent 
experience option. They proposed recognizing activities that do not 
necessarily result in an endorsement for a practical test. One 
commenter expressed concern that not recognizing this type of 
instructional activity could lead to a loss of experienced instructors 
who do not meet the requirements for this recent experience option.
    The FAA acknowledges that many important instructional activities 
do not result in an endorsement for a practical test; however, these 
activities do not result in a demonstrated record of success to 
validate the flight instructor's competency. As a result, the FAA 
cannot adopt this recommendation.
    Additionally, it is important for flight instructors to understand 
that the recent experience option based on instructional activity is 
just one of several options available. If an instructor does not meet 
the criteria to establish recent experience through their instructional 
activity, they may establish recent experience through one of five 
other options in Sec.  61.197(b). Therefore, the FAA declines to expand 
this recent experience option to include activities that do not lead to 
a practical test endorsement.
    Two commenters, including LeTourneau University, recommended 
changing the criteria to meet recent experience through instructional 
activity to provide additional tolerance for simple applicant errors 
and instructors whose performance has improved over time. One commenter 
recommended allowing the 80 percent pass rate criterion to be met if 
the applicants pass on their second attempt to prevent simple applicant 
errors from negatively impacting the instructor. Another commenter 
recommended evaluating the first-time pass rate based either on the 
performance of the five most recent applicants or all applicants in the 
preceding 24 calendar months the flight instructor recommended, 
whichever produces a more favorable pass rate. The commenter believed 
this would recognize instructors who improved their performance over 
the 24-month period.
    The FAA acknowledges that simple errors can occur during a 
practical test which is not a direct consequence of the instructor's 
preparation of that applicant. However, the FAA notes that a failure on 
a practical test may be an indication of a flight instructor's 
insufficient preparation or ineffective instruction of the applicant. 
If 80 percent of a flight instructor's applicants needed only to pass a 
practical test on their second attempt, this would not ensure an 
acceptable level of instructional competency to meet recent experience 
requirements. Similarly, considering only the most favorable data over 
a 24-month period could obscure ongoing deficiencies in the 
instructor's competency. Therefore, the FAA finds it necessary to 
consider the instructor's performance over the preceding 24-calendar 
months to ensure that significant deficiencies are not overlooked. The 
FAA has also included a minor change in Sec.  61.197(b)(2)(i) to 
clarifying that the 80 percent pass rate criterion applies to all 
applicants that the flight instructor endorsed for a practical test in 
the preceding 24 calendar months. As a result, the FAA will not adopt 
these recommendations.
    One commenter, a chief flight instructor at a part 141 pilot school 
with examining authority, inquired whether flight instructors who 
instruct in an approved part 141 training course for which that pilot 
school holds examining authority would be allowed to count applicants 
who complete an end of course test towards meeting the Sec.  
61.197(b)(2)(i) instructional activity-based recent experience option.
    An end-of-course test administered under part 141 by a school with 
examining authority is considered equivalent to a practical test for 
the purposes of meeting the Sec.  61.197(b)(2)(i) recent experience 
requirement.\13\ Therefore, flight instructors who provide end-of-
course training are engaged in activities that meet the criteria for 
recent experience, provided the instructor must personally provide an 
endorsement for the end-of-course test for each applicant. The 
instructor's records, maintained in accordance with Sec.  61.189(b)(2), 
must document that the instructor met all criteria of Sec.  
61.197(b)(2)(i). The FAA suggests that the instructor also sign the 
applicant's Airman Certificate and/or Rating Application as the 
recommending instructor for each applicant the instructor recommends 
for an end-of-course test. The instructor's endorsement and 
recommendation would be additional to the separately required air 
agency recommendation on the application.
---------------------------------------------------------------------------

    \13\ Legal Interpretation to Crowe-Palm Beach Helicopters 
(August 28, 2015). drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2015017PDF.0001.
---------------------------------------------------------------------------

    Two commenters expressed concern that the recent experience options 
of Sec.  61.197(b)(2)(i), based on instructional activity, or Sec.  
61.197(b)(2)(ii), by serving in a position involving the regular 
evaluation of pilots, may not adequately ensure that flight instructors 
stay informed about the latest developments in teaching techniques 
necessary to remain proficient as a flight instructor.
    The FAA notes that both options existed under previous renewal 
requirements and have a longstanding precedent of being an acceptable 
means to retain flight instructor privileges. As discussed, the 
instructional activity under the criteria of Sec.  61.197(b)(2)(i) 
requires a demonstrated record of success that attests to the flight 
instructor's instructional competency. To achieve this high level of 
demonstrated success, an instructor would need to keep up to date on 
recent developments and techniques. After satisfactorily completing a 
recent experience requirement, a flight instructor must submit 
documentation of such in a form and manner acceptable to the 
Administrator, in accordance with Sec.  61.197(b)(2). FAA policy 
expresses the form and manner that is acceptable to the Administrator. 
This policy ensures that a flight instructor has knowledge of current 
pilot training standards and FAA certification standards by requiring 
supporting documentation appropriate to the position. This policy is 
expressed in Advisory Circular (AC) 61-65 and FAA guidance directing 
the activities of aviation safety inspectors (ASI).\14\ By ensuring a 
flight instructor has knowledge of current pilot training standards and 
FAA certification standards, the FAA verifies they have remained up to 
date on recent developments in pilot certification. As a result, the 
FAA finds that these two recent experience options provide an

[[Page 80027]]

equivalent level of safety and instructional skill compared to other 
recent experience options.
---------------------------------------------------------------------------

    \14\ Currently, FAA Order 8900.1, Vol 5, Ch 2, Sec 11, paragraph 
5-504B1, list the documentation that an applicant should provide to 
the certifying official to renew their flight instructor certificate 
under Sec.  61.197(a)(2)(ii). This includes a company manual and a 
letter with a company letterhead from management office. The 
employment documentation should clearly show that the applicant is 
in a position involving the regular evaluation of pilots; the 
applicant has satisfactory knowledge of current FAA pilot training 
policies and standards; and the applicant has satisfactory knowledge 
of the FAA certification processes. Paragraph 5-504B1 concludes with 
examples of positions in which applicants may qualify for flight 
instructor certificate renewal under Sec.  61.197(a)(2)(ii).
---------------------------------------------------------------------------

Comments Concerning Recent Experience by Serving in a Position 
Involving the Regular Evaluation of Pilots (Sec.  61.197(b)(2)(ii))
    Several commenters, including NAFI, recommended that the FAA 
recognize additional positions qualifying for the Sec.  
61.197(b)(2)(ii) recent experience option. The positions recommended 
include designated pilot examiners (DPEs); part 142 training center 
instructors; qualification as a part 121, 125 or 135 pilot in command; 
positions within a training organization under part 121, 125, 129, 135, 
141, or 142; or any flight instructor determined to be qualified by an 
FAA aviation safety inspector.
    The phrase ``in a position involving the regular evaluation of 
pilots'' as specified in Sec.  61.197(b)(2)(ii) and FAA policy,\15\ is 
intended to cover a variety of activities that directly involve the 
evaluation of pilot performance and not the routine instructional 
duties typically associated with a flight instructor. A flight 
instructor eligible under the Sec.  61.197(b)(2)(ii) recent experience 
option should be employed in a position for the primary purpose of 
conducting evaluations of other pilots, such as company check pilots or 
instructors in part 121 or 135 operations.
---------------------------------------------------------------------------

    \15\ Ibid.
---------------------------------------------------------------------------

    The FAA further notes that several positions recommended by 
commenters are already recognized for establishing flight instructor 
recent experience, such as designated pilot examiner or a pilot in 
command of a multiple-pilot flightcrew under part 121, 125 or 135. 
These positions are identified in Advisory Circular 61-65, as amended, 
and the FAA intends to continue to accept these positions under the new 
requirements. Additionally, other positions involving the regular 
evaluation of pilots, such as chief flight instructors, may also 
utilize this recent experience option. Furthermore, the FAA requires 
that the instructor provides documentation to support their engagement 
in such roles, to verify they possess satisfactory knowledge of current 
FAA pilot training policies and standards and satisfactory knowledge of 
the FAA certification processes.\16\ Thus, the FAA has decided not to 
amend Sec.  61.197(b)(2)(ii) in response to these recommendations.
---------------------------------------------------------------------------

    \16\ Ibid.
---------------------------------------------------------------------------

    One commenter recommended that the FAA include in the regulations 
the specific positions recognized as involving the regular evaluation 
of pilots, as per Sec.  61.197(b)(2)(ii). The commenter also 
recommended that the FAA not require documentation validating a flight 
instructor's eligibility to establish recent experience on this basis.
    In response, the FAA finds that specifying a list of eligible 
positions under Sec.  61.197(b)(2)(ii) could restrict the flexibility 
needed to accommodate various and potentially new roles that involve 
regular pilot evaluation. This approach avoids the need for additional 
rulemaking to expand or modify the list as new roles emerge. 
Regardless, documentation of a flight instructor's position and their 
knowledge of FAA training and certification policies and processes 
remains essential to ensure the instructor is qualified and prepared to 
provide effective flight instruction.
    One commenter recommended that the FAA establish and require a 
minimum amount of time that a flight instructor must hold a position 
involving the regular evaluation of pilots to establish recent 
experience based on holding that position in accordance with Sec.  
61.197(b)(2)(ii).
    The positions that are accepted per Sec.  61.197(b)(ii) are higher 
level roles with the primary purpose of evaluating other pilots, such 
as check pilots, chief flight instructors, flight instructors in a part 
121 or part 135 operation, and designated pilot examiners. 
Additionally, the FAA finds the requirement to hold the position within 
the preceding 24 calendar months is consistent with the other recent 
experience options. For these reasons, the FAA will not adopt this 
recommendation.
Comments Concerning Recent Experience by Successfully Completing a FIRC 
(Sec.  61.197(b)(2)(iii))
    AOPA requested clarification regarding the meaning of ``within the 
preceding three calendar months'' for satisfying recent experience 
requirements by completion of a FIRC in accordance with Sec.  
61.197(b)(2)(iii). AOPA expressed concern that the FAA intends 
instructors to complete a FIRC every three calendar months to maintain 
recent experience.
    A flight instructor is required to complete a FIRC once within 
their 24-calendar month recent experience period, receive a graduation 
certificate within the three calendar months, and document this recent 
experience by submitting FAA Form 8710-1 or 8710-11, as appropriate, to 
a certifying official.
    National FIRC provider Gleim Publications recommended maintaining 
the FIRC as a valid option for recent experience due to the value of 
training it provides in keeping instructors knowledgeable.
    The FAA has long supported the completion of an approved FIRC as an 
option to meet the former renewal requirements and will continue to do 
so as a recent experience option under the new Sec.  61.197(b)(2)(iii).
    Two commenters expressed concern for the continued acceptance of 
completion of a FIRC to satisfy recent experience requirements. One 
commenter stated that FIRCs often test rote knowledge and trivia, 
rather than promoting or evaluating higher-order learning. This 
commenter also stated that the information provided in FIRCs is often 
outdated and doesn't address important issues or types of instruction 
beyond primary flight training. Furthermore, this commenter noted that 
a flight instructor who doesn't provide dual instruction or log any 
pilot-in-command time during a 24-month period can still renew a flight 
instructor certificate solely by completing a FIRC, a situation they 
believe contradicts the emphasis on currency as proposed in the NPRM to 
this final rule. The other commenter believed that a flight review is a 
more rigorous way to assess an instructor's presentation and airmanship 
skills and suggested that practical instructional and flying skills 
should be prioritized over logging hours in front of a computer screen.
    The FAA finds that FIRCs keep flight instructors informed of the 
changing world of flight training and enhance aviation safety through 
continued up-to-date refresher training of the flight instructor cadre. 
Additionally, the recurrent training provided by a FIRC is essential 
because many attendees may not otherwise be aware of recent changes 
affecting pilot training. For these reasons, the FAA considers 
completion of an approved FIRC a valuable option to maintain flight 
instructor recent experience.
    However, the FAA acknowledges the need to find a balance in 
response to comments received. While some commenters have suggested 
making FIRCs more demanding, others have proposed reducing the total 
hours required or restructuring the FIRC program. In considering these 
differing comments, the FAA notes it retains the ability to modify 
training course outline (TCO) guidance to achieve the appropriate 
training outcome. This approach allows for balancing the FIRC content 
to ensure it effectively meets the training needs of flight 
instructors.
    Eight commenters, including SAFE and NAFI, recommended adopting a

[[Page 80028]]

continuing education model for FIRCs. These commenters suggested this 
model would allow an instructor to complete refresher modules on an 
ongoing basis, rather than within the typically brief period in which a 
FIRC is completed. Several commenters also supported this belief that a 
continuing education model would allow the course to provide more 
relevant information.
    The FAA notes that flight instructors can start an internet-based 
FIRC at any time during their recent experience period and progress 
through the course modules at their own pace, as long as they complete 
and receive the FIRC graduation certificate before they submit their 
recent experience documentation to a certifying official prior to the 
end of their recent experience period. It is important to note that 
although providers that present conventional in-person FIRCs typically 
conduct their courses in two days, internet-based FIRCs allow their 
attendees to complete course modules at their own pace. While all FIRCs 
allow instructors to complete their FIRC at any time during their 
current recent experience period, some online FIRCs may allow ongoing 
training throughout the attendee's current recent experience period. 
However, the following requirements still apply in all cases: (1) The 
attendee must complete the FIRC within the three calendar months 
preceding submitting their documentation. (2) To retain their current 
recent experience end date, the flight instructor attendee must 
complete the FIRC and submit their documentation within three calendar 
months preceding the last month of their current recent experience 
period. Flight instructors seeking to begin a FIRC to receive ongoing 
training during their recent experience period should contact the 
provider before enrollment to ensure that the provider's FIRC meets the 
instructor's individual training plan.
    Furthermore, FIRCs currently provide regularly updated training 
using the most relevant information. For instance, the FAA expects FIRC 
providers to quickly update their presentation materials to reflect 
relevant changes in FAA regulations, policies, and safety-related 
publications, such as FAA Acs and handbooks, to stay completely up to 
date at all times. Moreover, a FIRC provider may update their course as 
needed provided they include all course content that the Administrator 
has determined necessary. AC 61-83, Nationally Scheduled, FAA-Approved, 
Industry-Conducted Flight Instructor Refresher Course, provides 
advisory guidance and recommendations for the preparation and approval 
of TCOs for FAA-approved, industry-conducted FIRCs, Furthermore, AC 61-
83, paragraph 14.1, explains that the FAA approves all proposed 
substantive changes to the TCO before the provider presents them in a 
FIRC. These processes ensure that FIRCs provide timely content and more 
relevant training to course attendees. For these reasons, the FAA finds 
it unnecessary to restructure the FIRC program by adopting a continuing 
education model as recommended by these eight commenters.
    One commenter suggested that the overall FIRC hour requirement 
should be reduced to 8 hours, in addition to adopting a continuing 
education model.
    The FAA believes that reducing the minimum hours required for a 
FIRC presentation from 16 to 8 hours would not allow for the effective 
delivery of all required training content and attendees would receive 
less information during the course. As previously noted, two other 
commenters suggested even more rigorous standards for approved FIRCs. 
The FAA finds that the current policy requiring no fewer than 16 hours 
of ground and/or flight instruction maintains a sufficient standard for 
a flight instructor to remain updated and establish recent experience.
    One commenter suggested that the completion of a FIRC at any time 
within a flight instructor's 24-calendar month recent experience period 
should retain the same end month of the instructor's current recent 
experience period and extend the recent experience period for an 
additional 24 calendar months.
    This recommendation, if applied, could effectively result in nearly 
48-months of continued recent experience before the flight instructor 
is required to reestablish recent experience again. However, the recent 
experience requirements are intended to ensure a flight instructor 
retains instructional knowledge and proficiency, which degrades over 
time. As a result, the FAA finds it necessary to limit the provision of 
Sec.  61.197(a)(3) to ensure a flight instructor establishes recent 
experience without an excessively long interval between recent 
experience events.
    Two commenters recommended that the FAA develop and directly 
administer FIRC rather than rely on approved FIRC providers to offer 
these courses.
    The FAA considers a FIRC provider as a professional educator with 
skill in training the trainers. Although the FAA's responsibility for 
the presentation of FIRCs was transferred to certain qualified industry 
organizations, the FAA maintains oversight of the FIRC program to 
include specifying the course content and structural guidelines as 
provided in AC 61-83. Before a FIRC can serve as a basis for flight 
instructor recent experience, the FAA must approve the TCO and issue a 
letter of authorization. This process allows the FAA to ensure FIRC 
providers offer courses which meet FIRC TCO development, training, and 
testing standards. Notably, the FAA finds that the history of flight 
instructor renewals demonstrates that FAA-approved, industry-conducted 
FIRCs have been successful for more than four decades. Therefore, the 
FAA declines to adopt this recommendation and will continue to 
authorize FIRC providers to offer these courses.
Comments Concerning Recent Experience by Passing a U.S. Armed Forces 
Military Instructor Pilot or Pilot Examiner Proficiency Check (Sec.  
61.197(b)(2)(iv))
    Two commenters, including AOPA, recommended that the FAA amend the 
proposed Sec.  61.197(a)(2)(iv), which allows a flight instructor to 
meet recent experience based on completion of a U.S. Armed Forces 
military instructor pilot or pilot examiner proficiency check, to 
include civilian contractor pilots engaged in military instruction.
    The FAA clarifies that the term ``military instructor,'' as used in 
Sec.  61.197(a)(2)(iv), encompasses both military and civilian flight 
instructors who provide flight training within the U.S. Armed Forces. 
If a civilian who acts as a military flight instructor (e.g., as a 
contractor) for the U.S. Armed Forces receives a military instructor 
pilot or pilot examiner proficiency check, they are indeed eligible to 
exercise this recent experience option. Flight instructors must present 
an official military record documenting that they passed such 
proficiency checks within the preceding 24 calendar months to be 
eligible for this recent experience option.
Comments Recommending Additional Recent Experience Options
    Four commenters, including NAFI and SAFE, recommended that 
accreditation as a master flight instructor by NAFI or through SAFE's 
Master Instructor Continuing Education Program should count to 
establish recent experience under the final rule.
    The FAA notes that regulations cannot show preference toward any 
specific industry group or organization by codifying their name or 
program into regulations. Nevertheless, any industry group or 
organization wishing such approval may submit a request to the FAA for 
consideration of its program as

[[Page 80029]]

a qualifying means to satisfy members' flight instructor recent 
experience. The FAA would then review the request and documentation to 
ensure that their program meets the applicable requirement of Sec.  
61.197 and, if so, subsequently continues to meet authorization 
requirements during each reauthorization cycle.
    However, master instructors accredited by these organizations may 
still qualify to establish recent experience under existing options, 
such as Sec.  61.197(b)(2)(i) by recommending at least five applicants 
for a practical test for a certificate or rating with at least 80 
percent passing on their first attempt. Alternatively, if they hold a 
higher-level position with the primary purpose of evaluating pilots, 
such as a designated pilot examiner or a check pilot under part 121 or 
135, they may qualify under Sec.  61.197(b)(2)(ii).
    Several commenters recommended additional methods of recent 
experience. Two commenters suggested allowing the flight instructor 
enhanced qualification training program (FIEQTP) to satisfy recent 
experience requirements for flight instructors.
    The FAA notes that although the FIEQTP is a comprehensive course 
designed to prepare a flight instructor to teach initial flight 
instructor applicants, its purpose is distinct from that of a FIRC. 
Unlike a FIRC, the FIEQTP does not expose flight instructors to the 
latest in-flight training techniques, the newest technologies, the 
latest operational safety procedures, or the latest regulatory and 
policy changes. By preparing flight instructors to teach initial flight 
instructor applicants, the FIEQTP serves a different purpose than the 
proposed recent experience options. Therefore, the FAA does not 
consider the FIEQTP appropriate for satisfying the recent experience 
requirements and, therefore, declines to adopt this recommendation.
    One commenter suggested allowing the annual instructor currency 
training under part 142 to count toward the recent experience 
requirements.
    Although a part 142 training center instructor must complete 
training every 12 calendar months in accordance with Sec.  142.53, the 
specific training content required annually does not ensure the broad 
level of knowledge intended for recent experience. The FAA expects 
flight instructors to also have knowledge of part 61 pilot 
certification requirements and the associated Airman Certification 
Standards or Practical Test Standards. Thus, the FAA declines to adopt 
this recommendation.
    One commenter recommended allowing aviation educators to develop a 
new ``teaching proficiency'' course that includes three hours of ground 
training and three hours of flight training to improve instructional 
abilities and qualify as recent experience.
    The FAA welcomes industry initiatives that lead pilots to seek 
additional training and greater proficiency. However, this 
recommendation appears to overlap with the intent of approved FIRCs. 
Currently, FAA policy in AC 61-83, paragraph 10.10, allows for 
consideration of FIRCs with a flight component when coordinated with 
and approved by the FAA. The FAA will consider approval of FIRCs with a 
flight component on a case-by-case basis. As a result, the FAA will not 
adopt this recommendation.
    One commenter recommended that a flight instructor who holds a 
current Sec.  61.56 flight review and has endorsed another pilot for a 
certificate or rating, or conducted a Sec.  61.56 flight review for 
another pilot, should be eligible to satisfy the recent experience 
requirement.
    The FAA notes that a flight review refreshes pilot knowledge and 
skill, not instructional proficiency. Additionally, the recommendation 
to endorse only one pilot for a certificate or rating is significantly 
less than the five required to qualify for the proposed recent 
experience option based on instructional activity in Sec.  
61.197(b)(2)(i). Furthermore, conducting a flight review does not 
result in a demonstrated record of success validating the flight 
instructor's competency because it is not objectively evaluated by the 
FAA or an examiner. The FAA cannot adopt this recommendation since it 
does not ensure the flight instructor's proficiency nor produce a 
demonstrated record of success.
    LeTourneau University recommended an option to establish recent 
experience for flight instructors who provide 100 hours of training 
within the preceding 12 months in training courses under part 61, 141, 
or 142. They believed this would recognize active flight instruction as 
a method of recent experience.
    The FAA notes that the recent experience option of Sec.  
61.197(b)(2)(i) recognizes active flight instruction and requires a 
demonstrated record of success based on applicants recommended for 
practical tests and the resulting rate of applicants who pass on their 
first attempt. The suggested approach does not produce the same 
demonstrated success attesting to the instructor's competency. As a 
result, the FAA will not adopt the recommended amendment.
Comment Concerning Removal of Reference to Flight Instructor 
Certificate Expiration From Sec.  61.51(h)(2)(ii)
    In their comment, Western Michigan University identified an 
additional section in part 61 which would require amendment to 
accommodate the proposed removal of flight instructor certificate 
expiration dates. Currently, Sec.  61.51(h)(2)(ii) requires that the 
training time a person receives must be logged in a logbook and must 
include ``. . . the authorized instructor's signature, certificate 
number, and certificate expiration date.'' The commenter requested 
amending this section to allow logbook training time descriptions 
endorsed by authorized flight instructors who hold a flight instructor 
certificate without an expiration date.
    The FAA agrees with this commenter in that the identified section 
requires amendment to accommodate flight instructor certificates 
without expiration dates. As a result, Sec.  61.51(h)(2)(ii) will be 
amended in two phases. In the first phase, the rule will be amended to 
require a logbook entry with a description of the training given that 
includes either the flight instructor's certificate expiration date or 
the flight instructor's recent experience end date, consistent with the 
requirements of Sec.  61.197. The first phase will commence on the 
effective date of the final rule. In the second phase, 27 calendar 
months after the effective date of the final rule, Sec.  
61.51(h)(2)(ii) will be further amended to require a logbook entry with 
a description of the training given that includes only the flight 
instructor's recent experience end date with the authorized 
instructor's signature, and certificate number. This two-phased 
approach will ensure that flight instructors who hold a flight 
instructor certificate with an expiration date within the 27 calendar 
months after the effective date of the final rule will remain compliant 
with the requirements of Sec.  61.51 until those flight instructors are 
required to meet the renewal requirements of this final rule. This 27-
calendar month period after the effective date of the final rule will 
accommodate flight instructors who choose to renew their flight 
instructor certificate early, in accordance with current Sec.  
61.197(b)(2).\17\ This approach

[[Page 80030]]

ensures a smooth transition and maintains compliance throughout the 
amendment process.
---------------------------------------------------------------------------

    \18\ Current section 61.197(b)(2) allows flight instructors to 
renew their flight instructor certificate within the three calendar 
month preceding the expiration month of the current flight 
instructor certificate. Flight instructors exercising this option 
would receive a new flight certificate within an expiration date 24 
calendar months from their previous month of expiration.
---------------------------------------------------------------------------

Comments Concerning the Requirement To Validate Recent Experience by 
Submitting FAA Form 8710-1 or 8710-11 to the Administrator
    Several commenters, including AOPA and SSF, requested clarification 
regarding how recent experience will be documented under the proposed 
rule. Other commenters misunderstood who would review supporting 
documentation and validate an application to establish recent 
experience.
    The process for validating and establishing recent experience under 
Sec.  61.197(b)(2) mirrors the procedural steps previously required to 
renew a flight instructor certificate. Flight instructors are required 
to submit an Airman Certificate and/or Rating Application (FAA Form 
8710-1 or 8710-11, as applicable) to the FAA along with associated 
documentation that shows the flight instructor satisfactorily completed 
one of the recent experience requirements. These forms are submitted 
through the IACRA or via a printed paper application and must be 
reviewed and validated by a certifying official. Certifying officials 
may include an FAA ASI or an FAA designee, such as an appropriately 
authorized designated pilot examiner or airman certification 
representative (ACR). Once the application and any supporting 
documentation is reviewed and approved, that certifying official signs 
the application and submits it to the Airman Certification Branch for 
review, final approval, and record retention. Submission of FAA Forms 
8710-1 or 8710-11, as applicable, remains the exclusive form and manner 
acceptable to the Administrator to submit flight instructor data to 
identify, validate, and track the flight instructor's recent experience 
period.
    One commenter asked how instructors will document recent 
experience. Specifically, the commenter asked whether recent experience 
would be documented in the flight instructor's personal records such as 
their pilot logbook or retention of a FIRC graduation certificate.
    The FAA maintains that the use of FAA Forms 8710-1 and 8710-11 is 
necessary. These forms allow the FAA to track flight instructors who 
are eligible to exercise the privileges of their flight instructor 
certificates and allow the FAA to validate that flight instructors meet 
the recent experience requirements. This information will be accessible 
online via the Airmen Certificate Information website, enabling 
verification of recent experience by flight instructors, their clients, 
and other interested parties.
    Two commenters, LeTourneau University and SSF, requested 
clarification on who will sign the Form 8710 validating recent 
experience. SSF also asked if another flight instructor would be 
considered qualified to approve the form, similar to a flight 
instructor signing an application for a student pilot certificate.
    The FAA reiterates that certifying officials, such as an FAA ASI, 
DPE, or ACR, will continue to review and sign Form 8710-1 or 8710-11 to 
validate a flight instructor's recent experience. The FAA finds these 
personnel are properly trained and authorized to review a flight 
instructor's recent experience and sign Form 8710-1 or 8710-11. Unlike 
the role of flight instructors in verifying student pilot certificate 
applications, which primarily involves confirming identity and basic 
eligibility, validating recent experience for flight instructors 
requires a greater responsibility and procedural knowledge than 
reviewing an application for a student pilot certificate.
    AOPA asked if flight instructors who use the FAA WINGS pilot 
proficiency program to establish recent experience in accordance with 
Sec.  61.197(b)(2)(v) will need to submit FAA Form 8710-1 or 8710-11, 
as applicable, or whether WINGS would automate the process. 
Additionally, they asked if flight instructors would have to validate 
recent experience by submitting Form 8710-1 or 8710-11 after every 
qualifying activity.
    The FAA notes that the WINGS pilot proficiency program will not 
automatically submit recent experience documentation for participating 
instructors. Instructors must submit FAA Form 8710-1 or 8710-11 to a 
certifying official upon satisfactorily completing all Sec.  
61.197(b)(2)(v) requirements including conducting at least 15 
activities recognized under the FAA-sponsored pilot proficiency program 
to at least 5 pilots.
    Three commenters opposed the requirement to submit an 8710-1 or 
8710-11 to document recent experience in accordance with Sec.  
61.197(b)(2) because they believed a Notice of Disapproval could be 
issued to flight instructors who submitted an application to validate 
recent experience. These commenters expressed concerns about the 
perceived consequences of a flight instructor providing training after 
the time of application and before receiving the Notice of Disapproval.
    In the NPRM for this rule, the FAA stated that if a flight 
instructor does not sufficiently show a recent experience requirement 
has been met, or does not meet the recent experience requirements, the 
FAA would deny the applicant's application and issue a Letter of 
Disapproval. The FAA determined that the NPRM did not clearly describe 
the actions FAA would take if an instructor does not validate recent 
experience requirements. Additionally, the FAA notes that it 
inadvertently used the term Letter of Disapproval but intended to state 
Notice of Disapproval.
    To clarify this process, if a flight instructor chooses to meet 
recent experience requirements by completing a practical test in 
accordance with Sec.  61.197(b)(1) and the evaluator determines the 
instructor did not meet the required standards for required task(s) for 
that test, the evaluator would issue FAA Form 8060-5, Notice of 
Disapproval, to that flight instructor. The flight instructor would 
then have 60 days to successfully pass the remainder of the practical 
test in accordance with Sec.  61.43(f).
    Furthermore, a flight instructor documenting recent experience for 
any option under Sec.  61.197(b)(2) not involving a practical test 
would not receive a Notice of Disapproval. Instead, if the flight 
instructor did not meet one of the eligibility requirements, the 
certifying official would inform the flight instructor of the reasons 
they are ineligible and return the application to the instructor. The 
flight instructor could resubmit documentation once they fully meet 
eligibility for their chosen recent experience option of Sec.  
61.197(b)(2). This notification would occur at the time the flight 
instructor first submitted the application to the certifying official.
    Finally, if the flight instructor did not meet their eligibility to 
reestablish recent experience but is still within their previous 24 
calendar month recent experience period, they could continue to provide 
instruction until the end of the recent experience period. After 
correcting the eligibility issue and establishing their new recent 
experience period, the instructor could continue providing instruction 
throughout the new period.
    Twenty-one commenters opposed the requirement to document recent 
experience by submitting an 8710-1 or 8710-11 application. These 
commenters included national FIRC providers King Schools and AceCFI, 
and one designated pilot examiner. These commenters believed that this 
requirement did not relieve the

[[Page 80031]]

administrative burden to the instructor or the FAA as compared to the 
previous renewal requirements. Of these commenters, ten additionally 
opposed the requirement because they believed it is inconsistent with 
other forms of pilot recent experience. Six commenters recommended that 
recent experience should be documented solely in the flight 
instructor's logbook or by retaining their FIRC graduation certificate, 
as applicable, with no requirement to submit Form 8710-1 or 8710-11.
    For the reasons previously stated, the FAA has determined that the 
requirement to submit Forms 8710-1 and 8710-11 must be retained. 
Requiring flight instructors to submit these forms allows for 
validation of recent experience and the data collected ensures the 
public can verify the instructor's privileges. Furthermore, many other 
sources, such as governmental offices and industry, frequently ask the 
FAA to provide this data.
    One commenter recommended that FIRC providers interface directly 
with the FAA to transmit a flight instructor's graduation certificate, 
bypassing the requirement for that instructor to document recent 
experience by submitting an application.
    The holder of a flight instructor certificate bears the 
responsibility to establish recent experience and submit documentation 
in accordance with Sec.  61.197. To help reduce the burden of document 
submission to flight instructors, the FAA authorizes FIRCs to use an 
ACR to help process their recent experience documentation.\18\ ACRs 
previously performed this function for the renewal of flight instructor 
certificates and will continue to perform a comparable role in 
documenting recent experience under the new requirements. The FAA 
declines to adopt this recommendation.
---------------------------------------------------------------------------

    \18\ The FAA requires documentation to be submitted in 
accordance with Section 61.197(b). The documentation must be 
submitted in a form and manner acceptable to the Administrator, 
which means Form 8710-1 or 8710-11. Therefore, any required 
documentation must be attached to either Form 8710-1 or 8710-11, as 
applicable.
---------------------------------------------------------------------------

    One commenter recommended that the FAA Forms 8710-1 and 8710-11 
Aviation Safety Inspector or Technician Report blocks should be 
repurposed to allow the certifying official to document any recent 
experience activity type and the date the activity was completed.
    The FAA notes that other recent experience options would not have a 
single date of completion comparable to a FIRC, nor would such a date 
have a meaningful use for other options. Since only the completion of a 
FIRC would necessitate data entered in the FIRC-specific blocks, the 
FAA finds it unnecessary to modify Forms 8710-1 and 8710-11 based on 
this recommendation.

C. Recent Experience Based on Instructional Activity in an FAA-
Sponsored Pilot Proficiency Program (Sec.  61.197(b)(2)(v))

    The NPRM proposed to codify the use of the FAA's WINGS-Pilot 
Proficiency Program as an approved program that flight instructors can 
use to satisfy flight instructor certificate renewal requirements under 
Sec.  61.197(b)(2)(v). Historically, the WINGS Program is accepted as a 
certificate renewal method for flight instructors under FAA policy, as 
outlined in FAA Order 8900.1, Volume 5, Chapter 2, Section 11, due to 
its familiarity and emphasis on the current flight training standards 
and procedures.\19\
---------------------------------------------------------------------------

    \19\ drs.faa.gov/browse/excelExternalWindow/DRSDOCID173242699920230309222925.0001?modalOpened=true.
---------------------------------------------------------------------------

    Rather than codifying the WINGS Program by name, the FAA will adopt 
language in Sec.  61.197(b)(2)(v) that allows a flight instructor to 
satisfy recent experience by serving as a flight instructor in an FAA-
sponsored pilot proficiency program, provided certain requirements are 
met. The phrase ``FAA-sponsored pilot proficiency program'' is intended 
to provide flexibility for the incorporation of comparable FAA-
sponsored programs that may be developed in the future.
    Ten commenters, including AOPA, the Experimental Aircraft 
Association (EAA), and SAFE, generally supported the proposed recent 
experience option. EAA stated that this change is long overdue. AOPA 
expressed support and suggested that a future pilot proficiency program 
or an extensive update to the WINGS program would improve the user 
experience and further benefit program participants.
    As discussed in the NPRM, the FAA's intent is to formalize the use 
of an FAA-sponsored pilot proficiency program as a method to establish 
flight instructor recent experience. The FAA appreciates the AOPA's 
feedback on the WINGS user experience. There is currently an ongoing 
effort unrelated to this rulemaking to modernize the FAASTeam 
FAASafety.gov website thereby improving user experience.
    In the NPRM, the FAA included a requirement for a flight instructor 
to provide at least 15 hours of flight training under the FAA-sponsored 
pilot proficiency program to at least five pilots. In response to 
comments, the FAA acknowledges an error in the initial proposal that 
mistakenly required ``15 hours'' of flight training instead of ``15 
activities.'' The final rule will revise the proposed regulatory text 
in Sec.  61.197(b)(2)(v)(C) from ``Has given at least 15 hours of 
flight training under the FAA-sponsored pilot proficiency program'' to 
``Has conducted at least 15 flight activities recognized under the FAA-
sponsored pilot proficiency program, during which the flight instructor 
evaluated at least five different pilots and has made the necessary 
endorsements in the logbooks of each pilot for each activity.''
    Three commenters, including Gleim Publications, recommended 
reducing or eliminating the requirement to evaluate 15 flight 
activities for at least five pilots. They noted that a flight 
instructor may complete more than one level of the WINGS Program with 
the same pilot. Two commenters stated that some instructors may not 
have a broad enough client base to provide training to five different 
pilots but nevertheless provide the same amount of flight training to 
fewer individual pilots.
    The FAA maintains that providing the specified flight training to 
at least five different pilots has long been an established part of FAA 
policy and is consistent with the recent experience option of proposed 
Sec.  61.197(b)(2)(i), which is based on successful instructional 
activity. This requirement ensures a flight instructor provides flight 
training to various individuals under the WINGS Program. By training 
and evaluating at least five different pilots, the flight instructor 
encounters different instructional experiences. Although a flight 
instructor may provide more than one WINGS flight activity to the same 
pilot, that instructor would not be exercising or improving their 
ability to diversify their teaching techniques. For this reason, the 
FAA finds it necessary to retain the requirement as proposed.
    Two commenters discussed the use of the term ``FAA-sponsored pilot 
proficiency program'' within proposed Sec.  61.197(b)(2)(v). These 
commenters questioned whether the FAA would recognize a flight 
instructor's participation in an industry organization's pilot 
proficiency program as qualifying toward this recent experience option. 
One commenter recommended that the FAA add language to the proposed 
regulation to allow acceptance of industry pilot proficiency programs. 
Another commenter asked if the FAA intends to acknowledge industry 
programs as ``equivalent to the current WINGS

[[Page 80032]]

system for purposes of establishing instructional currency.'' \20\
---------------------------------------------------------------------------

    \20\ Comment from Bruce Williams, Docket No. FAA-2023-0825-0090.
---------------------------------------------------------------------------

    While industry-sponsored pilot proficiency programs are valuable 
resources to pilots and instructors, the FAA does not intend to accept 
a flight instructor's participation in an industry program as 
satisfying this recent experience option. The FAA's involvement is a 
critical component of the WINGS Program and would be equally critical 
in any program that may be recognized under Sec.  61.197(b)(2)(v) in 
the future. Therefore, the FAA will not expand this recent experience 
option to Include industry programs at this time.
    One commenter opposed this recent experience option because they 
believed it may not be a viable option for most instructors. The 
commenter stated that both the requirement to provide 15 hours of 
instruction and the requirement for the instructor to complete a phase 
of the WINGS Program may be difficult for a flight instructor not 
associated with a flight school or without access to an aircraft. 
Another commenter opposed the proposal, believing the WINGS Program is 
overly complicated and ineffective and that it should not serve as a 
basis for flight instructor recent experience.
    The FAA finds that the WINGS Program structure and requirements are 
a valid means of renewing a flight instructor certificate. Through this 
final rule, the FAA codifies and retains a flight instructor's WINGS 
Program participation as a recent experience option. It is important to 
note that flight instructors are not obligated to participate in the 
WINGS Program under this amendment. All other previous renewal options 
are retained as recent experience options allowing flight instructors 
to maintain their privileges without WINGS Program participation if 
they so choose.
    Furthermore, changes to the WINGS Program are beyond the scope or 
intent of this rulemaking. The FAA, along with many commenters, finds 
the WINGS Program a valuable recent experience options for 
participating instructors. Accordingly, the FAA will retain this 
proposed option.

D. Reinstatement of Flight Instructor Privileges by FIRC (Sec.  61.199)

    Currently, Sec.  61.199 prescribes the requirements for those who 
wish to reinstate their expired flight instructor certificates. These 
include (1) satisfactory completion of a flight instructor 
certification practical test as per Sec.  61.183 for one of the ratings 
on the expired flight instructor certificate, or (2) satisfactory 
completion of a flight instructor certification practical test for an 
additional rating.\21\ In addition, a military instructor pilot may 
reinstate an expired flight instructor certificate by meeting certain 
U.S. Armed Forces instructor pilot or pilot examiner 
qualifications.\22\
---------------------------------------------------------------------------

    \21\ Sec.  61.199(a)(1) and (2).
    \22\ Sec.  61.199(a)(3). Specifically, the military instructor 
pilot must provide a record showing that, within the preceding 6 
calendar months from the date of application for reinstatement, the 
person either (1) passed a U.S. Armed Forces instructor pilot or 
pilot examiner proficiency check or (2) completed a U.S. Armed 
Forces' instructor pilot or pilot examiner training course and 
received an additional aircraft rating qualification as a military 
instructor pilot or pilot examiner that is appropriate to the flight 
instructor rating sought.
---------------------------------------------------------------------------

    This final rule revises the requirements for reinstating flight 
instructor privileges due to the removal of the expiration date from a 
flight instructor certificate. As discussed in the NPRM, this change 
necessitates revising the reinstatement requirements set forth by Sec.  
61.199, removing expiration terminology and replacing it with recent 
experience terminology as adopted in Sec.  61.197. This final rule 
retains all former reinstatement options, now relocated in Sec.  
61.199(a)(2) and (3), for flight instructors seeking to reinstate their 
privileges when they have not reestablished recent experience prior to 
the last month of their flight instructor recent experience period.
    Additionally, this final rule adds a new reinstatement option in 
Sec.  61.199(a)(1). This option creates a three-calendar-month 
reinstatement period immediately after lapse of the flight instructor's 
recent experience period during which flight instructors can reinstate 
their privileges by completing an FAA-approved FIRC as opposed to 
completing a practical test.
    Flight instructors are not authorized to exercise the privileges of 
their flight instructor certificate when their recent experience has 
lapsed. For example, if an instructor's 24-calendar month period ended 
on June 30, 2026, the flight instructor's recent experience would lapse 
on July 1, 2026. The flight instructor would have until September 30, 
2026, to complete an FAA-approved FIRC and submit an application for 
reinstatement. They are not permitted to exercise the privileges of the 
flight instructor certificate during this lapsed period. Successful 
completion of the FIRC and timely submission of the reinstatement 
application by September 30, 2026, will result in the reinstatement of 
their privileges. If reinstatement is not achieved by this deadline, 
the instructor must then satisfy the requirements of Sec.  61.199(a)(2) 
or (a)(3) based on their circumstances.
    The FAA received 37 comments pertaining to reinstatement of flight 
instructor privileges. Fifteen commenters supported the proposal, 
including AOPA, EAA, Liberty University School of Aeronautics, SSF, and 
LeTourneau University. Ten commenters opposed this proposal, including 
national FIRC provider AceCFI. Twelve commenters, including NAFI, made 
further suggestions or comments without clear support for, or 
opposition to, the proposal.
Comments Concerning Reinstating Flight Instructor Privileges by FIRC 
Within Three Calendar Months or Less
    Fifteen commenters, including AOPA, EAA, and SSF, supported the 
proposal to add a three-calendar-month reinstatement period. AOPA 
stated the proposal would save time and provide incentive to 
instructors holding recently-expired certificates or privileges that 
have lapsed to rejoin the flight instruction community. EAA emphasized 
that this relief would aid instructors whose certificates inadvertently 
lapse simply because there is no longer an expiration date to reference 
on the certificate.
Comments Concerning the Duration of Reinstating Flight Instructor 
Privileges by FIRC
    Some commenters questioned the selection of a three-calendar-month 
period for the proposed option to reinstate flight instructor 
privileges by completing a FIRC as being arbitrary. Three of these 
commenters asserted that the FAA did not provide data supporting why 
this option should be limited to a three-month period. They also 
maintained that the FAA did not provide data showing that a flight 
instructor's knowledge and skills do in fact decline over time when 
unused. Many commenters recommended extensions to six-calendar-months, 
24-calendar-months, or even allowing indefinite reinstatement via FIRC 
completion. Several of these commenters stated that an extended period 
would provide additional flexibility and further incentive for 
instructors to retain their privileges. Additionally, some commenters 
likened an indefinite option to reinstate by FIRC to the process of a 
long-inactive pilot becoming current through a flight review.\23\ Three 
commenters suggested extending the option to reinstate by FIRC beyond 
three months when exercised in conjunction with an

[[Page 80033]]

additional requirement to receive flight and/or ground training. For 
instance, one commenter recommended logging three hours of ground and 
flight training with another flight instructor to refresh instructional 
skills. Another commenter addressing this topic recommended changing 
the three-month period to a 12-month period when the flight instructor 
has provided instruction within the past 120 days and then require a 
practical test after 12 months of lapsed privileges. The third 
commenter recommended that, in lieu of reinstating privileges by 
completing a practical test, the flight instructor complete a FIRC at 
any time, and then complete suitable flight training with another 
qualified flight instructor and receive an endorsement.
---------------------------------------------------------------------------

    \23\ See 14 CFR 61.56.
---------------------------------------------------------------------------

    The FAA does not agree with extending this proposed reinstatement 
option beyond three calendar months because doing so would compromise 
safety. Furthermore, the FAA notes that these commenters did not 
provide any supporting evidence to show that their recommendations 
would provide an equivalent level of safety without requiring a 
practical test conducted by an impartial examiner after three calendar 
months.
    As discussed in the NPRM, AOPA initially recommended a three-month 
period to allow a flight instructor to reestablish recent experience by 
completing a FIRC. The FAA also considered this option after concluding 
that requiring a flight instructor to take a practical test shortly 
after their flight instructor certificate expires or recent experience 
ends imposes undue personal and financial burdens on that flight 
instructor. Thus, the FAA determined that there is a need for an 
alternative reinstatement option and proposed a three-calendar-month 
reinstatement period because flight instructor knowledge and skills do 
not necessarily degrade the day after their certificate expires or, as 
adopted by this final rule, their recent experience ends.
    The FAA notes that skill degradation is a documented phenomenon 
that has long been a source of concern for many industries including 
the aviation industry. Industry concerns include serious safety issues 
that arise due to the degradation of skills that occur after a period 
of nonuse. Consequently, many leading industry organizations have 
conducted studies and published reports to understand and mitigate 
skill degradation for industry professionals to maintain proficiency. 
For example, the European Union Aviation Safety Agency's (EASA's) 
Safety Issue Report regarding skill and knowledge degradation during 
the COVID-19 pandemic explains that skill degradation poses serious 
challenges to pilots and flight instructors. In this report citing 
numerous references and studies, EASA states, ``Despite the initial 
recovery over the summer of 2021, flying activities are still not 
taking place at the pace required to keep all aviation professionals 
current. While organizations are making the effort to ramp up their 
training activity, they have faced a multitude of challenges such as 
the closure of training centers, lack of simulators, and lack of 
available instructors and trainers whose instructional knowledge may 
have also eroded during this period. Furthermore, new or updated 
operational procedures have been developed to cope with the changes in 
operations. With the aforementioned training constraints, aviation 
professionals may not be effectively trained in the updated systems and 
procedures upon their return to work.'' \24\
---------------------------------------------------------------------------

    \24\ See www.easa.europa.eu/community/system/files/2021-08/
Safety%20Issue%20Report%20-
%20%20Skills%20and%20Knowledge%20Degradation_REV2%20Clean_0.pdf.
---------------------------------------------------------------------------

    The FAA chose a three-calendar-month period because it is a brief 
enough period to reinstate flight instructor privileges before any 
significant proficiency degradation occurs. This period aligns with 
other similar currency requirements within part 61 and reflects an 
established understanding that instructional skills, while durable, do 
require periodic confirmation through structured training or assessment 
to ensure safety standards are maintained. This approach applies a 
safety standard consistent with other three-month pilot and flight 
instructor currency periods that have proven effective over time.
    Further, the three-calendar-month period to reinstate a flight 
instructor's privilege by FIRC intends to accommodate persons who have 
encountered unforeseen circumstances that may have prevented them from 
renewing their certificates before the expiration date. A three-
calendar-month period is sufficient to address various situations that 
might prevent an instructor from meeting their recent experience 
requirements. The rationale behind this specific timeframe is to 
provide instructors with a reasonable window to resolve personal 
matters, emergencies, or minor oversights that may have led to the 
lapse of their recent experience. For this reason, the FAA maintains 
that extending the reinstatement period by completing a FIRC is not 
appropriate in cases of lapses Beyond three calendar months of meeting 
recent experience or certificate renewal requirements.
Comments Concerning Alternative Reinstatement Options
    Five commenters recommended additional options to reinstate flight 
instructor privileges. Of these five, one commenter recommended that 
any Sec.  61.197 recent experience option should qualify an instructor 
to reinstate privileges during the proposed three-calendar-month period 
following the lapse of flight instructor privileges. LeTourneau 
University recommended an option to reinstate by receiving one hour of 
ground training, one hour of flight training and an endorsement from 
another flight instructor during the proposed three-calendar-month 
period. Two commenters recommended additional reinstatement options 
without specifying that the options should be limited to the proposed 
three-calendar-month period. One of these two recommendations was to 
allow the FIEQTP course to be used as a basis for reinstatement. The 
other recommendation was to allow a pilot proficiency or competency 
check, such as those required for pilots operating under part 121 or 
135, to qualify a flight instructor for reinstatement. Finally, one 
commenter recommended that check pilot observations under Sec.  
135.339(a)(2) should qualify as a method to reinstate flight instructor 
privileges, equating this with the military pilot examiner 
reinstatement process outlined in Sec.  61.199(a)(3)(i).
    Upon review, the FAA has decided to retain the reinstatement method 
of completing a practical test conducted by the FAA or a designated 
pilot examiner and using an FAA-approved FIRC within the first three 
calendar months after a lapse of recent experience. The FAA based this 
decision on the recognition that a FIRC is an FAA-approved recurrent 
training program. The FIRC updates flight instructors on significant 
developments and changes in general aviation flight training that 
occurred since the instructor's last recent experience period. 
Additionally, a FIRC provides flight instructors with the necessary 
refresher training that exposes flight instructors to the latest in-
flight training techniques, the newest technologies, and the latest 
operational safety procedures. FIRCs also emphasize the development and 
improvement of the instructor skills necessary to effectively convey 
information to pilots-in-training and build a foundational culture of 
safety within them.
    An approved FIRC is unique among the recent experience options in 
that it provides this refresher training, making

[[Page 80034]]

it suitable for this relieving option. Instructors who choose one of 
the other recent experience options do not receive this training. 
Therefore, the FAA considers it necessary for an instructor who has 
experienced a brief lapse in recent experience of up to three calendar 
months to receive, at a minimum, the training provided by an approved 
FIRC. Consequently, in the final rule, the FAA has decided not to 
include other methods of recent experience to qualify a flight 
instructor certificate for reinstatement during the three-month period.
    Furthermore, the FAA finds the additional reinstatement options 
recommended by commenters as unsuitable. Historically, a flight 
instructor has not held the authority to endorse another instructor for 
renewal or reinstatement. The authority to reinstate a flight 
instructor certificate is reserved for the FAA or its designees. 
Therefore, the FAA finds that the recommendation for a flight 
instructor to have the authority to evaluate and provide an endorsement 
to reinstate another flight instructor whose recent experience has 
lapsed would not be appropriate.
    Similarly, the FAA finds that an FIEQTP would be unsuitable to 
reinstate a flight instructor certificate. The FIEQTP is designed to 
train relatively inexperienced flight instructors how to teach new 
flight instructors and is not designed to meet the needs of 
reinstatement. Further, a flight instructor with lapsed privileges 
would not be the appropriate audience for such a course, since it is 
intended for individuals who actively provide instruction and have held 
a flight instructor certificate for less than 24 calendar months.
    The recommendation to allow pilot proficiency and competency checks 
completed under part 121, 135, or the proficiency check of Sec.  61.58 
would also be inappropriate to reinstate a flight instructor 
certificate. The FAA notes that these checks focus on piloting skills 
rather than instructional abilities, thus not adequately assessing a 
flight instructor's educational competencies. Similarly, the 
recommendation to allow check pilot observations to reinstate flight 
instructor privileges would be unsuitable. These observations conducted 
under parts 121 and 135 require assessment of the check pilot's 
abilities as an evaluator; however, they do not assess the check 
pilot's instructional knowledge and skills. Although the FAA has long 
recognized that passing a U.S. Armed Forces instructor pilot or pilot 
examiner proficiency check provides the necessary standards for 
reinstating a flight instructor's privilege, the FAA does not find 
observations conducted under parts 121 and 135, or the proficiency 
check of Sec.  61.58, acceptable options to reinstate flight instructor 
privileges. Consequently, the FAA declines to adopt the recommendations 
for additional reinstatement options.
Comments Concerning General Opposition to Any Reinstatement Relief
    Two commenters opposed the proposal because they believed 
instructors should be held to higher standards and the additional 
relief granted to reinstatement by FIRC is contrary to this standard. 
The FAA agrees that instructors should be held to a high standard and 
the FAA believes the proposed reinstatement option retains such a 
standard. The FAA finds that the limited relief offered by completing a 
FIRC, during the initial three-calendar-month period in which their 
privileges have lapsed, does not compromise the long-held standard for 
instructional proficiency. Instead, this new relief encourages 
experienced instructors to reinstate their privileges and remain active 
in flight instruction if circumstances prevent them from re-
establishing their recent experience prior to the end of their recent 
experience period. As previously noted, the FAA has retained the 
requirement to complete a practical test to reinstate flight instructor 
privileges after the initial three-calendar-month period, due to the 
need to ensure that instructional knowledge and skills have not 
degraded over prolonged periods of inactivity.
Comments Concerning Opposition To Reinstatement by Practical Test
    Five commenters opposed the requirement to reinstate a flight 
instructor's privileges or certificate by practical test after the 
three-calendar-month period to reinstate privileges by completing a 
FIRC. Of these commenters, two recommended replacing the flight 
instructor reinstatement practical test with a proficiency check, 
similar to the instrument proficiency check specified under Sec.  
61.57. Another opposing commenter stated that requiring a test to 
reinstate flight instructor privileges does not align with the other 
pilot recent experience requirements.
    The fundamental role an instructor plays in training pilots 
directly impacts aviation safety. The effectiveness of the instruction 
provides the foundation of the knowledge and skill of the pilot 
receiving the training. For this reason, the FAA finds it necessary to 
require a practical test to reinstate flight instructor privileges 
after the three-calendar-month period allowing reinstatement by 
completing a FIRC. Although other forms of pilot recent experience do 
not require the equivalent of a reinstatement practical test for those 
who fail to maintain currency, it is the critical importance of the 
instructor role in aviation safety that necessitates a practical test 
in the case of an instructor who is more than three-calendar-months 
past the end of their last recent experience period.
Comments Concerning a Recommendation To Incorporate by Reference the 
Flight Instructor Airman Certification Standards for Reinstatement
    One commenter recommended Sec.  61.199(a)(2)(i) incorporate by 
reference the proposed Flight Instructor for Airplane Category Airman 
Certification Standards reinstatement requirements, which were 
published in an NPRM docket for a separate rule.\25\ The FAA notes that 
the Airman Certification Standards or Practical Test Standards 
appropriate for the category rating sought would apply to a 
reinstatement practical test, regardless of reference to a specific 
document.
---------------------------------------------------------------------------

    \25\ Airman Certification Standards and Practical Test Standards 
for Airmen; Incorporation by Reference, Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

Comments Concerning the Difference Between the Three Calendar Month 
Period for Reinstatement by FIRC to the Relief Provided by SFAR No. 
100-2
    One commenter opposed the proposal because they believed it does 
not align with SFAR No. 100-2, which provides relief to certain 
military service personnel that could extend comparable relief up to 
six months after returning from overseas deployment. The commenter 
questioned why these personnel receive additional relief as opposed to 
the three-calendar-month period to reinstate by FIRC.
    The relief provided by SFAR No. 100-2 has existed since the FAA 
issued SFAR No. 96 on May 6, 2002.\26\ Since then, the relief was 
expanded to include all personnel serving abroad in support of U.S. 
military operations.<SUP>27 28</SUP> SFAR No. 100-2 is effective until 
further

[[Page 80035]]

notice.\29\ This relief continues to be necessary to avoid penalizing 
U.S. personnel who are unable to meet the regulatory time limits of 
their privileges because they served outside the United States in 
support of U.S. Armed Forces operations. Consequently, the FAA proposed 
to codify this relief in new Sec.  61.40 without any substantive 
changes. This relief allows a flight instructor with an expired 
certificate, or whose recent experience has lapsed, to reestablish 
their flight instructor privileges when they satisfy the appropriate 
requirements.
---------------------------------------------------------------------------

    \26\ Relief for Participants in Operation Enduring Freedom 67 FR 
30524 (May 6, 2002).
    \27\ Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations final rule; request for comments 68 FR 36902 (Jun. 20, 
2003).
    \28\ Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations final rule, 70 FR 37946 (Jun. 30, 2005).
    \29\ Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations direct final rule, 75 FR 9763 (Mar. 4, 2010). Relief for 
U.S. Military and Civilian Personnel Who Are Assigned Outside the 
United States in Support of U.S. Armed Forces Operations 
confirmation of effective date, 75 FR 19877 (Apr. 16, 2010).
---------------------------------------------------------------------------

    The initial three-calendar-month period allowing reinstatement by 
FIRC is intended to address limited unique circumstances that may 
prevent a flight instructor from establishing recent experience prior 
to the end of their recent experience period. Conversely, a military 
deployment has longer-term impact than addressed by the three-month 
period provided by Sec.  61.199(a)(1). The FAA notes that the relief 
provided by Sec.  61.40 and Sec.  61.199 respond to two distinctly 
different circumstances that necessitate separate solutions. As a 
result, the FAA finds it inappropriate to extend the three-calendar-
month period to align with the relief available to U.S. military and 
civilian personnel assigned outside the United States in support of 
U.S. Armed Forces operations.
Comments Concerning the Relief Provided by the Proposed Reinstatement 
Requirements
    One commenter, a national FIRC provider, opposed the proposal 
believing that the new requirements will only shift dates but result in 
the same consequences after the three-calendar-month period allowing 
reinstatement by FIRC. The commenter contended that this is not a 
burden reduction to instructors.
    The FAA maintains that the three-calendar-month period will provide 
relief in many situations. Examples range from minor personal 
challenges to larger issues such as a natural disaster that could 
prevent a flight instructor from completing recent experience 
requirements prior to the end of their recent experience period. The 
FAA intends this relief to address these limited circumstances. As 
previously noted, numerous commenters supported the proposal and 
provided rationale which agrees with this intent. In its supporting 
comment, EAA stated that this option provides ``a reasonable pathway 
for instructors who have inadvertently allowed a lapse in their flight 
instructor recent experience.'' SSF said flight instructors would 
benefit from the additional method of reinstatement.

E. Instructor Qualifications for Training Initial Flight Instructor 
Applicants (Sec.  61.195(h); Sec.  141.11; Part 141, Appendix K)

    This final rule revises the qualification requirements for flight 
instructors seeking to train initial flight instructor applicants by 
adding two additional methods.
    Section 61.195(h) contains the qualification requirements for 
flight instructors seeking to instruct initial flight instructor 
applicants. The NPRM proposed to restructure Sec.  61.195(h)(2) to 
contain general qualifications for all flight instructors providing 
flight training to initial applicants for a flight instructor 
certificate, including flight instructors providing training under FAA-
approved courses. This final rule retains these general requirements, 
which include the requirement for the flight instructor to meet the 
eligibility requirements of Sec.  61.183 and hold the appropriate 
flight instructor certificate and rating. The FAA also proposed to 
require the flight instructor to meet the requirements of the part 
under which the flight training was conducted. In addition to these 
general requirements, the final rule provides three different 
qualification options.
    The first option retains the existing requirements of current Sec.  
61.195(h)(2)(iii), (iv) and (v), which include the requirements for the 
flight instructor to have held the flight instructor certificate for at 
least 24 calendar months and to have given at least 200 hours of flight 
training as a flight instructor for training in preparation for an 
airplane, rotorcraft, or powered-lift rating (or 80 hours of flight 
training if training in preparation for a glider rating). This option 
is retained as Sec.  61.195(h)(2)(i)(A) and (B).
    The second qualification option modifies the previous Sec.  
61.195(h)(3). Previously, Sec.  61.195(h)(3) allowed a person to serve 
as a flight instructor in an FAA-approved course for initial flight 
instructor applicants if that person has trained and endorsed at least 
five applicants for a practical test, at least 80 percent of those 
applicants passed the practical test on their first attempt, and the 
flight instructor has given at least 400 hours of flight training for 
training in an airplane, rotorcraft, or powered-lift rating (or 100 
hours of flight training for training in a glider rating). This final 
rule modifies these requirements in the new Sec.  61.195(h)(2)(ii) by 
removing the minimum flight training hour requirement and removing the 
requirement for the flight instructor to be serving in an FAA-approved 
course. Section 61.195(h)(2)(ii) now requires a flight instructor to 
have trained and endorsed, in the preceding 24 calendar months, at 
least five applicants for a practical test for a pilot certificate or 
rating, and at least 80 percent of those applicants must have passed 
that test on their first attempt. This will allow more flight 
instructors to exercise this qualification option as compared to the 
similar option previously available under Sec.  61.195(h)(3).
    For the third qualification, this final rule adds a new 
qualification method in Sec.  61.195(h)(2)(iii). This option requires a 
flight instructor to have graduated from an FAA-approved flight 
instructor enhanced qualification training program (FIEQTP). 
Additionally, they must have given at least 200 hours of flight 
training as a flight instructor for training in preparation for an 
airplane, rotorcraft, or powered-lift rating (or 80 hours of flight 
training if in preparation for a glider rating) before being eligible 
to complete the FIEQTP.
    The modified Sec.  61.195(h)(2)(ii) and the new Sec.  
61.195(h)(2)(iii) are intended to expand the qualification options to 
instruct initial flight instructor applicants to include those serving 
under part 61 as well as those serving under an FAA-approved course 
under part 141 or 142.
    Additionally, to allow part 141 pilot schools to provide the 
FIEQTP, the FAA proposed to revise Sec.  141.11 by adding the training 
program to the list of special preparation courses in Sec.  
141.11(b)(2). The FAA also proposed to add the new training program to 
appendix K of part 141, which prescribes the minimum curriculum for the 
special preparation courses listed in Sec.  141.11.
    Due to the specific nature of each provision, the FAA discusses 
each amendment separately.
Comments Concerning the Qualification Option of Holding a Flight 
Instructor Certificate for at Least 24 Calendar Months With Minimum 
Hours of Instruction (Sec.  61.195(h)(2)(i))
    Currently under Sec.  61.195(h)(2), a flight instructor must, in 
addition to other requirements, have held a flight instructor 
certificate for at least 24 months and have given at least 200 hours of 
flight training as a flight

[[Page 80036]]

instructor for an airplane, rotorcraft, or powered-lift rating (or 80 
hours of flight training if in preparation for a glider instruction 
rating) to provide flight training to an initial flight instructor 
applicant under part 61. The FAA proposed to retain this qualification 
method under paragraph (h)(2)(i). The FAA received an array of comments 
supporting and opposing the retention of this qualification method.
    Two commenters recommended lowering the eligibility requirements to 
qualify under this option. One of these commenters stated that the 24-
calendar-month requirement presents an unnecessary obstacle to training 
initial flight instructor applicants and should be removed. Another 
commenter recommended reducing the minimum time to qualify to train an 
initial flight instructor in gliders from 80 to 20 hours of flight 
training, stating that the ``80 hours of glider instruction'' 
requirement is excessive, given the seasonal nature of soaring 
operations and the short duration of pattern tows and aerotows.\30\
---------------------------------------------------------------------------

    \30\ Comment from Lawrence Spinetta, Docket No. FAA-2023-0825-
0013.
---------------------------------------------------------------------------

    Several commenters expressed the opinion that this qualification 
option may not be restrictive enough. Three commenters opposed this 
option due to doubts about whether these criteria assure sufficient 
instructional experience. Another commenter said that flight instructor 
experience differs from pilot experience and noted that 200 hours of 
instructional experience may not guarantee the flight instructor has 
the necessary qualifications to train an initial flight instructor 
applicant effectively. One commenter proposed increasing the hours of 
instructional experience from 200 to 500 hours.
    While the FAA considered all the commenters' concerns and 
recommendations, the FAA does not agree that retaining this 
qualification requirement as it currently exists is either too 
restrictive or not restrictive enough. The FAA notes that over the 
years this existing requirement has proven to be an appropriate and 
effective standard. Adopted in a 1973 final rule, the flight instructor 
requirement has remained unchanged, which has allowed 50 years for both 
the FAA and industry to assess its effectiveness in achieving the 
intended safety standard.\31\ Given that proposed Sec.  61.195(h)(2) 
retains this standard established in 1973 and has proven to provide a 
sufficient level of experience, the FAA believes that requiring more 
experience would impose an undue burden on the flight training industry 
as the FAA does not have data to demonstrate such a change would have a 
corresponding increase in safety. Conversely, reducing this 
qualification standard could lead to a decrease in the level of 
instructional skills, which in turn would diminish safety. As a result, 
the final rule retains the existing standard without modification.
---------------------------------------------------------------------------

    \31\ Miscellaneous Amendments 38 FR 3156 (Feb. 1, 1973).
---------------------------------------------------------------------------

    To provide additional relief while maintaining the existing 
standard, the FAA addresses the flight training industry's need for 
qualified instructors by introducing two alternative qualification 
methods that allow a flight instructor to train an initial flight 
instructor applicant in less than 24 months or with fewer than 200 
hours of flight instruction (or 80 hours in the case of glider 
instruction) while retaining equivalent instructor experience to this 
existing qualification option.
    One commenter proposed that the FAA should codify the issuance of 
gold seal flight instructor certificates in the regulations and allow 
only instructors with such certificates to be permitted to train 
initial flight instructor applicants. The gold seal flight instructor 
certificate, under current practice, is issued to instructors who 
exceed the standard regulatory requirements required for a flight 
instructor certificate and demonstrate high personal qualifications and 
exemplary records as active flight instructors. While this gold seal 
denotes a level of distinction to recognize instructors who have high 
personal qualifications and good records as active flight instructors, 
it does not confer additional flight instructor privileges.
    Currently, the issuance of gold seal flight instructor certificates 
is based on FAA policy rather than regulatory authority.\32\ Thus, 
adopting the commenter's recommendation would require additional 
rulemaking to codify gold seal flight instructor certificates into 
regulation. The FAA concludes that the commenter's recommendation would 
reduce the number of flight instructors that would be eligible to train 
initial flight instructor applicants. There are a relatively small 
number of instructors who qualify or hold a gold seal on their flight 
instructor certificate, which would result in an insufficient number of 
available flight instructors qualified to provide training to an 
initial flight instructor applicant. For these reasons, the FAA will 
not adopt this recommendation.
---------------------------------------------------------------------------

    \32\ FAA Order 8900.1, Volume 5, Chapter 2, Section 13.
---------------------------------------------------------------------------

Comments Concerning Qualification By Successfully Endorsing Applicants 
for Practical Tests (Sec.  61.195(h)(2)(ii))
    Under this final rule, the FAA provides a modified Sec.  
61.195(h)(3) qualification option for flight instructors who wish to 
provide training to initial flight instructor applicants. As per the 
Sec.  61.195(h)(2)(ii), a flight instructor may qualify to instruct an 
initial flight instructor applicant if that flight instructor has 
trained and endorsed at least five applicants for a practical test 
during the preceding 24 calendar months, and at least 80 percent of 
those applicants passed that test on their first attempt.
    Several commenters, including Liberty University and Eastern 
Kentucky University, expressed support for this new qualification 
option. Liberty University stated the qualification option based on 
applicants endorsed for practical tests is ``very encouraging as it 
rewards excellent instruction and student success.'' Eastern Kentucky 
University said that both new options ``provide much needed relief for 
the flight training industry.''
    AOPA commented that the current 400-hour requirement for part 141/
142 flight instructors is excessively burdensome. They recommended that 
the parts 141 and 142 requirement be lowered to 200 hours to align with 
the part 61 requirement.
    In response, the FAA clarifies that under the new Sec.  
61.195(h)(2)(ii), the requirement to provide a specific number of 
flight training hours has been removed, addressing AOPA's concern. 
Furthermore, all qualification options available under Sec.  61.195(h) 
apply equally to any instructor, regardless of whether the instruction 
is provided within an FAA-approved course.
    Five commenters, including ALPA, opposed this qualification option, 
as they perceived this option would lower experience requirements, 
possibly resulting in reduced proficiency of initial flight instructor 
applicants.
    In response, the FAA notes that an eligible flight instructor is 
required to have a record of demonstrated success training applicants 
under this qualification option. When a flight instructor recommends an 
applicant for a practical test, the applicant is independently 
evaluated by the FAA or designated examiner. This applicant assessment 
provides a performance measure that attests to the endorsing flight 
instructor's experience and instructional ability. At the end of each 
practical test, the FAA or examiner submits the applicant's paperwork 
and

[[Page 80037]]

other relevant documentation to the Airmen Certification Branch. Here, 
it undergoes a final review, is officially accepted, and retained as 
part of the airman's FAA record. This process results in a reliable 
method to measure the instructor's competency through the rate of 
applicants who pass on their first attempt. For these reasons, the FAA 
finds that the Sec.  61.195(h)(2)(ii) qualification option provides an 
equivalent level of experience to the existing standard of holding a 
flight instructor certificate for 24 calendar months and providing 200 
hours of flight instruction.
    Six commenters, including AOPA, NAFI, and SAFE, expressed concerns 
regarding instructors obtaining sufficient experience under the 
proposed option. These commenters provided examples such as a flight 
instructor endorsing applicants they trained only in the later stages 
of the applicants' training or flight instructors endorsing applicants 
they trained in an accelerated course of training, such as a course to 
add an additional class rating to an existing pilot certificate.
    Several commenters expressed concern about an instructor qualifying 
under this option with limited experience and recommended adding 
additional requirements to address this concern. Recommendations 
included increasing the minimum number of applicants an instructor must 
endorse for a practical test from five to ten, extending the period an 
instructor must have held their flight instructor certificate to at 
least 24 months, specifying a minimum number of hours of flight 
training provided, or requiring the instructor to complete the entire 
course of training for each applicant they endorse.
    In addressing these concerns, the FAA notes that the efficacy of a 
flight instructor is not solely dependent on the cumulative hours of 
flight instruction provided but is also significantly influenced by the 
quality of instruction and the resultant success of their students. An 
essential aspect of an instructor's role is their ability to prepare 
and assess whether the applicant is competent. To recommend an 
applicant for a practical test, an instructor must assess the 
applicant's competence in the appropriate aeronautical knowledge areas 
and proficiency in the appropriate areas of operation. The flight 
instructor must then attest to the adequacy of their assessment in 
their endorsement when recommending the applicant for the test.
    The successful evaluation of the applicants endorsed by the 
instructor and then validated by the FAA or designated examiner further 
confirms the instructor's record of success in training initial 
applicants. For these reasons, the FAA finds that this qualification 
option provides an equivalent level of experience to the existing 
standard of holding a flight instructor certificate for 24 calendar 
months and providing 200 hours of flight instruction.
    One commenter expressed concern regarding their understanding of 
the Sec.  61.195(h)(2)(ii) qualification option, specifically regarding 
the requirement for flight instructors to demonstrate their experience 
``during the preceding 24 calendar months.'' The commenter interpreted 
this as a perpetually ongoing requirement and expressed concern that 
this would pose a burden to flight instructors.
    The FAA agrees that if an instructor utilizes this qualification 
option, they must meet the required experience within the 24 calendar 
months preceding the training or endorsement they wish to provide to an 
initial flight instructor applicant. However, this requirement is not 
intended to be an ongoing mandate to requalify. Once that instructor 
meets an alternate qualification method, they would no longer need to 
meet the activity level required by Sec.  61.195(h)(2)(ii) within the 
preceding 24 calendar months to continue to train initial flight 
instructor applicants.
    For instance, an instructor who has held their flight instructor 
certificate for at least 24 calendar months and has given 200 hours of 
flight instruction (or 80 hours in the case of glider) is then 
qualified to train an initial flight instructor under Sec.  
61.195(h)(2)(i). In this example, the activity level required under 
Sec.  61.195(h)(2)(ii) would no longer apply. For this reason, the FAA 
does not anticipate the Sec.  61.195(h)(2)(ii) option to qualify to 
train an initial flight instructor to be prohibitive to the flight 
instructor community.
    Four commenters including the University of North Dakota, Embry-
Riddle Aeronautical University, and Western Michigan University, sought 
clarification on whether flight instructors who instruct in an approved 
part 141 training course for which the pilot school holds examining 
authority could utilize the qualification option under Sec.  
61.195(h)(2)(ii). Specifically, they recommended clarifying whether the 
end-of-course test in a course with examining authority is considered a 
practical test.
    The FAA has established that an end-of-course test under part 141 
administered by a school with examining authority is a practical test 
and may be considered for the purposes of Sec.  61.195(h)(2)(ii).\33\ 
Therefore, a flight instructor in part 141 courses with examining 
authority may qualify to train an initial flight instructor applicant 
in accordance with Sec.  61.195(h)(2)(ii).
---------------------------------------------------------------------------

    \33\ See Legal Interpretation to Crowe-Palm Beach Helicopters 
(August 28, 2015). drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2015017PDF.0001.
---------------------------------------------------------------------------

Comments Concerning Qualification Based on an FAA-Approved FIEQTP 
(Sec.  61.195(h)(2)(iii) and (h)(3))
    The third qualification option, Sec.  61.195(h)(2)(iii), provides 
another alternative to the 24 calendar month experience requirement. 
This qualification option permits a flight instructor to qualify to 
instruct initial flight instructor applicants if the flight instructor 
has given at least 200 hours of flight training (or 80 hours of flight 
training if in preparation for a glider rating) and has graduated from 
an FAA-approved FIEQTP conducted under part 141 or 142. This training 
program must satisfy the requirements in Sec.  61.195(h)(3) and is 
intended to develop a flight instructor's ability to instruct initial 
flight instructor applicants.
    ALPA expressed concerns regarding the FIEQTP, questioning whether 
the program provides equivalent experience to the current requirements.
    In addressing ALPA's concern, the FAA notes that the FIEQTP 
replaces the requirement to hold a flight instructor certificate for 24 
months. Instructors are still required to have provided 200 hours of 
flight training (or 80 hours of flight training if in preparation for a 
glider rating). These hour requirements have long been the standard 
flight instructor experience to train initial flight instructor 
applicants and have proven effective. Therefore, before taking the 
FIEQTP, the new flight instructor will acquire hands-on experience as a 
flight instructor in the aircraft. This experience, combined with the 
knowledge and skills acquired from completing the FIEQTP would prepare 
and qualify the flight instructor to instruct initial flight instructor 
applicants.
    Embry-Riddle Aeronautical University and Liberty University 
commented on the required FIEQTP training content, expressing similar 
opinions that the course appears to be flight instructor remedial 
training. One commenter also presented a series of questions about the 
FIEQTP training content and testing standards. This commenter 
specifically questioned how much of the FIEQTP would repeat

[[Page 80038]]

testing and training the flight instructor received during their own 
commercial pilot and initial flight instructor training. Another 
commenter recommended that the FIEQTP should be limited to only ground 
instruction and available as an online course to increase access to 
flight instructors.
    The FAA notes that FIEQTP course content, as detailed in Sec.  
61.195(h)(3), is not intended to be remedial or simply a review of what 
attendees have previously learned. The FIEQTP provides specialized 
training to develop the attendee's ability to instruct initial flight 
instructor applicants. Furthermore, the recommendation to eliminate the 
flight training component from the course has been carefully evaluated. 
The FAA believes that excluding this aspect would undermine the 
training program's effectiveness, as flight training is integral in 
preparing attendees to competently provide practical flight training to 
initial flight instructor applicants. Therefore, the FAA will not limit 
this course to only ground instruction.\34\
---------------------------------------------------------------------------

    \34\ For additional guidance and recommendations on the 
preparation and approval of an FIEQTP required under Sec.  
61.195(h)(3), refer to Advisory Circular 61-145.
---------------------------------------------------------------------------

    One commenter recommended that the required content of the FIEQTP 
found in Sec.  61.195(h)(3) should be less prescriptive and instead 
focus on course outcomes.
    The FAA notes that specific ground subjects and flight tasks 
outlined in Sec.  61.195(h)(3)(i) and (ii) are required to be included 
in the FIEQTP to ensure clarity and consistency across various course 
providers. The FAA finds that defining the specific content aids both 
the course providers and the approving FAA officials in determining 
what is required for the FIEQTP.
    Embry-Riddle Aeronautical University recommended a reduction in the 
required hours for both ground and flight training in the FIEQTP 
because the flight instructors enrolled in the course would have 
received similar training during their own initial flight instructor 
training. Additionally, another commenter raised concerns about the 
time commitment required in the FIEQTP, suggesting it could limit the 
availability of qualified instructors.
    As discussed in the NPRM, the FAA expects that the requirement of 
25 hours of ground training and 10 hours of flight training would 
promote standardization among the training programs. The FAA believes 
that reducing minimum course hours would potentially compromise the 
depth and breadth of the knowledge, skills, and abilities that 
attendees are expected to acquire. Therefore, the FAA declines to adopt 
these recommendations.
    AOPA and Liberty University questioned the anticipated utilization 
of completing an FIEQTP to qualify to train an initial flight 
instructor due to the associated cost and complexity of qualifying to 
train a limited segment of the pilot population. Another commenter 
expressed similar sentiment about limited access to the course for 
instructors outside the part 141 or 142 certificate holder offering the 
course and suggested allowing other entities to seek FIEQTP course 
approval under part 61.
    The FAA acknowledges these concerns but emphasizes that the FIEQTP 
is designed as an option to qualify to train initial flight instructor 
applicants. While the FIEQTP might appeal to the course provider's own 
instructors, it is important to note that the FIEQTP is open to all 
flight instructors, irrespective of their current affiliations. The 
intent is to provide an additional qualification option to all flight 
instructors to maximize flexibility.
    The decision to limit approval to parts 141 and 142 certificate 
holders is based on the specific capabilities inherent to these 
entities, which are equipped with the necessary organizational 
structure, systems, and qualified management personnel. Furthermore, by 
limiting approval to parts 141 and 142 certificate holders, the FAA has 
oversight and can mandate changes to ensure that programs meet the 
intended course objectives.
    The University of North Dakota and Embry-Riddle Aeronautical 
University recommended that a part 141 chief instructor should be 
authorized to designate who may teach in an approved FIEQTP to provide 
a greater pool of instructors for these courses. Another commenter 
similarly expressed concerns about the difficulty in finding qualified 
instructors for the FIEQTP due to the significant time commitment 
involved in the course.
    Given the specialized nature of the FIEQTP, the FAA finds that a 
higher level of expertise and experience is required. The designated 
groups--chief and assistant chief instructors at part 141 pilot schools 
and program managers and assistant training center program managers at 
part 142 training centers--are deemed to have the requisite experience 
and expertise for this advanced training role. Additionally, those 
instructors who fulfill the qualifications of a chief instructor or 
assistant chief instructor pursuant to Sec.  141.36(d) are also 
eligible to instruct the FIEQTP. The FAA recognizes that these 
instructors possess the necessary qualifications to be a chief 
instructor or assistant chief instructor, even if they do not currently 
hold these titles due to reasons unrelated to their instructional 
abilities.
    Considering the specialized nature of the FIEQTP, the FAA does not 
support the recommendation to allow a part 141 chief instructor to 
designate personnel with potentially less experience or knowledge than 
those specified in the approved groups to teach within an FIEQTP. 
Therefore, the FAA declines to reduce FIEQTP instructor requirements.
Use of Flight Simulation Training Devices in FIEQTPs
    Appendix K of part 141 contains limitations for special preparation 
courses utilizing full flight simulators (FFSs) and flight training 
devices (FTDs) that are more restrictive than Sec.  61.195(h)(3)(iv) 
and (v) permit. Specifically, paragraph 4.(b) of appendix K provides 
that an FFS may only be credited for a maximum of 10% of the total 
flight training hour requirements of the approved course, and paragraph 
4.(c) provides that an FTD may be credited for a maximum of 5 percent 
of the total flight training hour requirements of the approved course. 
However, Sec.  61.195(h)(3)(iv) and (v) proposed to permit all flight 
training hours to occur in an FFS or FTD and 5 hours of flight training 
to occur in an advanced aviation training device. Therefore, to 
eliminate the conflict between the provisions, the NPRM proposed to 
revise paragraph 4.(b) to except the FIEQTP from the FFS credit 
limitations of appendix K, and proposed to revise paragraph 4.(c) to 
except the FIEQTP from the FTD credit limitations of appendix K. The 
FAA did not receive any comments specific to the use of flight 
simulation training devices in FIEQTPs and is therefore adopting these 
provisions.
    Additionally, part 141 prescribes the circumstances under which 
aviation training devices (ATDs) may be utilized for flight training 
credit. However, appendix K of part 141 only contemplates the use of an 
FFS and an FTD for special preparation flight training, not an ATD. 
Because an advanced aviation training device (AATD) may be used in 
flight training for FIEQTPs, the FAA proposed to revise appendix K, 
paragraph 4. Specifically, paragraph 4.(a) would include a provision 
that only permits an FIEQTP to utilize AATDs in accordance with 
appendix K, paragraph 14, and Sec.  61.195(h)(3)(v). The FAA did not 
receive any comments regarding these provisions and is adopting them as 
final.

[[Page 80039]]

F. Conforming Amendments (Sec. Sec.  61.2, 61.56, 61.425, 61.427)

    The FAA proposed to make conforming amendments to Sec. Sec.  61.2, 
61.56, 61.425, 61.427, and Special Federal Aviation Regulation (SFAR) 
No. 100-2 to ensure consistency with the FAA's proposal to amend 
Sec. Sec.  61.197 and 61.199.
    Section 61.2(b) requires persons to meet the appropriate airman and 
medical recent experience requirements to exercise privileges of an 
airman certificate, rating, endorsement, authorization, or foreign 
pilot license. Currently, Sec.  61.2(b) refers to the recent experience 
requirements of part 61 as ``recency'' requirements rather than 
``recent experience'' requirements. The FAA recognizes that it uses the 
terms ``recency,'' ``recent flight experience,'' and ``recent 
experience'' requirements interchangeably in the regulations. However, 
the terms ``recent flight experience'' and ``recent experience'' are 
used more frequently than ``recency.'' The FAA proposed to revise Sec.  
61.2(b) to use the term ``recent experience'' requirements to create 
consistency within part 61 and conform to the proposed changes to Sec.  
61.197. The FAA did not receive any comments on this proposed revision 
and is adopting it as final.
    Section 61.56 prescribes the requirements for a flight review, 
which must consist of a minimum of 1 hour of flight training and 1 hour 
of ground training. Except as specified in Sec.  61.56(d), (e), and 
(g), a person may not act as pilot-in-command (PIC) of an aircraft 
unless that person has accomplished a flight review in the 24 calendar 
months preceding the month in which the pilot acts as PIC.\35\
---------------------------------------------------------------------------

    \35\ 14 CFR 61.56(c).
---------------------------------------------------------------------------

    Therefore, Sec.  61.56(d) contains certain exceptions to the flight 
review requirements. Under Sec.  61.56(d)(2), a person need not 
accomplish a flight review if the person has passed a practical test 
conducted by an examiner for one of the following: the issuance of a 
flight instructor certificate, an additional rating on a flight 
instructor certificate, renewal of a flight instructor certificate, or 
the reinstatement of a flight instructor certificate. Therefore, the 
FAA proposed to revise the language of Sec.  61.56(d)(2) to conform to 
the changes proposed in Sec. Sec.  61.197 and 61.199. The FAA did not 
receive any comments on this conforming amendment and is adopting it as 
final.
    Additionally, the FAA proposed a minor editorial change to Sec.  
61.56(e) to remove the word ``award'' in the description of the FAA-
sponsored pilot proficiency program. The FAA did not receive any 
comments on this editorial change and is adopting it as final.
    Section 61.56(f) provides an exception to the ground training 
portion of the flight review requirement. Under current Sec.  61.56(f), 
a person who has satisfactorily renewed their flight instructor 
certificate under current Sec.  61.197 is not required to accomplish 
the one hour of ground training required for a flight review. Because 
proposed Sec.  61.197 would contain recent experience requirements for 
a flight instructor certificate rather than renewal requirements, the 
FAA proposed to make conforming amendments to Sec.  61.56(f). 
Therefore, Sec.  61.56(f) would except a flight instructor from the 
ground training requirements of a flight review if that flight 
instructor has met the recent experience requirements for a flight 
instructor certificate under Sec.  61.197. Further, the FAA proposed to 
revise Sec.  61.56(f) to except any persons who reinstate their flight 
instructor privileges from the ground training portion of the flight 
review by completing an approved FIRC within the three-calendar-month 
reinstatement period proposed in Sec.  61.199(a)(1). The FAA did not 
receive comments on these provisions and is adopting them as proposed.
    Currently, Sec. Sec.  61.425 and 61.427 prescribe renewal and 
reinstatement requirements for persons who hold a flight instructor 
certificate with a sport pilot rating. Under Sec.  61.425, a person who 
holds a flight instructor certificate with a sport pilot rating may 
renew that certificate in accordance with Sec.  61.197. Section 61.427 
allows a person to exchange their expired flight instructor certificate 
with a sport pilot rating for a new certificate with a sport pilot 
rating and any rating on that certificate by passing a practical test 
as prescribed in Sec.  61.405(b) or Sec.  61.183(h) for one of the 
ratings listed on their expired flight instructor certificate.
    To ensure consistency with the proposed amendments to Sec. Sec.  
61.197 and 61.199, the FAA proposed to make conforming amendments to 
Sec. Sec.  61.425 and 61.427. The FAA proposed to bifurcate Sec.  
61.425 into two paragraphs. Section 61.425(a) would govern flight 
instructor certificates issued without expiration dates. Section 
61.425(b) would govern flight instructor certificates issued prior to 
the final rule becoming effective, which would contain expiration 
dates. Thus, Sec.  61.425(a) would require a person who holds a flight 
instructor certificate with a sport pilot rating issued after the final 
rule's effective date to establish recent experience in accordance with 
Sec.  61.197 (i.e., within the 24 preceding months, the person has 
satisfied one of the recent experience requirements in Sec.  
61.197(b)). For persons who hold unexpired flight instructor 
certificates with a sport pilot rating issued before the final rule 
becomes effective, Sec.  61.425(b) would allow those persons to renew 
their certificate by establishing recent experience in accordance with 
Sec.  61.197 prior to the expiration month listed on their flight 
instructor certificate.
    In addition, the FAA proposed to revise Sec.  61.427 to align with 
the proposed amendments to Sec.  61.199. Therefore, proposed Sec.  
61.427 would address how to reinstate flight instructor privileges if a 
person fails to establish recent experience for a flight instructor 
certificate with a sport pilot rating. Consistent with proposed Sec.  
61.199, a person who holds a flight instructor certificate with a sport 
pilot rating must reinstate their flight instructor privileges by 
successfully completing an approved FIRC if three calendar months or 
less have passed since the last month of their recent experience 
period. Section 61.427(a) would contain this proposed requirement. If 
more than three calendar months have passed since the last month of the 
flight instructor's recent experience period, the flight instructor 
with a sport pilot rating would be required to pass a practical test in 
accordance with proposed Sec.  61.427(b) to reinstate their flight 
instructor privileges.
    The FAA did not receive comments specific to these provisions as 
they relate to sport pilots, as differentiated from other pilots. 
Therefore, the FAA is adopting these provisions as discussed 
previously.

G. SFAR No. 100-2 Codification Under Sec.  61.40 and Associated 
Amendments

    Currently, SFAR No. 100-2 provides relief to U.S. military and 
civilian personnel who have served outside the United States in support 
of U.S. Armed Forces operations during some time beginning on or after 
September 11, 2001. SFAR No. 100-2 allows these persons to present an 
expired flight instructor certificate to show eligibility for renewal 
of a flight instructor certificate under Sec.  61.197; an expired 
written test report to show eligibility to take a practical test under 
parts 61, 63, and 65; and an expired inspection authorization to show 
eligibility for renewal under Sec.  65.93. To exercise the relief 
provided by SFAR No. 100-2, the person must renew their flight 
instructor certificate or inspection authorization, as appropriate, or 
pass

[[Page 80040]]

the appropriate practical test within six calendar months after 
returning to the United States. The FAA proposed to codify the general 
contents of SFAR No. 100-2 as new Sec.  61.40.
    The initial intent of SFAR No. 100-2, as documented in the 
preambles of earlier SFARs such as SFAR No. 96 \36\ and SFAR No. 
100,\37\ was to alleviate the challenges faced by military and civilian 
personnel whose certificates expired while they were deployed. However, 
ambiguities in the language of SFAR No. 100-2 have led to confusion 
about the exact timing of when certain documents must have expired to 
qualify for this relief. As written in SFAR No. 100-2 currently, and 
proposed in Sec.  61.40(b)(2), the regulation broadly requires that the 
documents expire ``some time'' between September 11, 2001, and no later 
than 6 calendar months after returning to the U.S., which the FAA finds 
could introduce confusion as to whether the expiration must have 
occurred during the person's service outside the U.S or immediately 
following the person's return.
---------------------------------------------------------------------------

    \36\ The final rule for SFAR No. 96 stated, ``if an inspection 
authorization expires while a person is assigned to Operation 
Enduring Freedom . . .'' (67 FR at 30525).
    \37\ The final rule for SFAR No. 100 stated, ``[b]ecause of the 
expected duration of these assignments, the FAA determined that the 
flight instructor certificates, inspection authorizations, and 
airman written test reports held by some U.S. military and civilian 
personnel may expire before they return to the United States.'' (68 
FR at 36903).
---------------------------------------------------------------------------

    In response to these ambiguities, the FAA revises Sec.  61.40(b)(2) 
in this final rule to clarify the expiration period of the relevant 
certificates as (1) while the person serves in an operation as set 
forth in Sec.  61.40(b)(1), or (2) six calendar months after returning 
to the United States.
    One commenter responded with an opposing comment. The commenter 
opposed the underlying inspection authorization renewal options of 
Sec.  65.93(a)(1) and (2). The commenter recommended that these options 
should be combined to allow an inspection authorization to be renewed 
based on a combination of annual inspections and major repairs or 
alterations. However, this commenter's recommendation exceeds the scope 
of this rulemaking, which focuses solely on relocating and codifying 
the existing content of SFAR No. 100-2 into the regulations. This 
rulemaking did not contemplate nor intend changing the underlying 
inspection authorization renewal requirements. Therefore, the FAA 
declines to adopt this recommendation.
    The FAA proposed to revise certain sections of parts 61, 63, and 65 
to enable persons to exercise the relief provided by proposed Sec.  
61.40. More specifically, the FAA proposed to revise Sec.  61.39, which 
contains the prerequisites for practical tests under part 61, by adding 
new Sec.  61.39(e) to allow applicants for an airman certificate or 
rating under part 61 to take a practical test with an expired knowledge 
test if that applicant meets the requirements of proposed Sec.  61.40. 
The FAA also proposed to include exception language referencing new 
Sec.  61.39(e) in Sec.  61.39(a), (b), and (c), which would implement 
the relief provided by proposed Sec.  61.40. With respect to part 63, 
the FAA proposed to revise Sec. Sec.  63.35(d) and 63.53 to allow 
applicants for flight engineer certificates or ratings and applicants 
for flight navigator certificates to take their practical tests under 
part 63 with expired written test reports in accordance with Sec.  
61.40.\38\ With respect to part 65, the FAA proposed to revise 
Sec. Sec.  65.55 and 65.71 \39\ to allow applicants for aircraft 
dispatcher certificates and mechanic certificates or ratings to take 
their practical tests under part 65 with expired written test reports 
in accordance with Sec.  61.40. Section 65.55(b) and (c) was proposed 
to add an exception to allow eligible persons to take a practical test 
for an aircraft dispatcher certificate under part 65 with an expired 
written test report in accordance with Sec.  61.40. Section 65.75(d) 
was proposed to except eligible persons from the requirement that a 
certificated mechanic must pass the required tests within a period of 
24 months. These revisions would ensure the relief currently provided 
by SFAR No. 100-2 would remain unchanged under the FAA's proposal to 
relocate and codify the relief in the regulations.
---------------------------------------------------------------------------

    \38\ Additionally, the FAA proposed to revise Sec.  63.35(c) to 
remove a gender reference and clarify that the 24 month period is 
calendar months.
    \39\ The FAA also proposed to revise Sec.  65.71(a)(4) to remove 
a gender reference and clarify that the 24 month period is calendar 
months.
---------------------------------------------------------------------------

    Lastly, in Sec.  61.40(a)(6) the FAA proposed to allow persons to 
renew an expired inspection authorization under Sec.  65.93. Because 
Sec.  65.93 does not currently allow for this relief, the FAA proposed 
to add new paragraph (d) and to include exception language in current 
Sec.  65.93(a) to expressly allow an eligible person to renew an 
expired inspection authorization under part 65 in accordance with Sec.  
61.40.
    The FAA did not receive comments directly related to these 
provisions and is adopting them as final.

H. Miscellaneous Comments

    LeTourneau University requested changes to Advisory Circular (AC) 
61-65, particularly to reassess the sample endorsements for student 
solo (A.4, A.6, and A.7), which they believed do not align with the 
interpretation letter from the FAA's Office of the Chief Counsel to 
James McHenry dated May 21, 2015.\40\ This legal interpretation stated 
that Sec.  61.87(n) and (p) apply only to the solo logbook endorsement.
---------------------------------------------------------------------------

    \40\ See Legal Interpretation to James McHenry (May 21, 2015). 
drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2015044PDF.0001.
---------------------------------------------------------------------------

    The FAA understands the University's comment to mean that they 
believe the sample endorsements in AC 61-65 do not align with the 
McHenry (2015) legal interpretation. However, the University did not 
provide a detailed explanation for this belief.
    The FAA notes that the McHenry (2015) legal interpretation 
characterizes daytime solo endorsements as one type of endorsement, 
while the nighttime solo endorsement is characterized as a separate 
endorsement. The FAA believes that retaining each solo endorsement 
recommended in AC 61-65 ensures that the flight instructor who provided 
the required training certifies that the training was indeed provided. 
As a result, the FAA declines to change these suggested endorsements.
    One commenter asked if the standards to receive and retain a gold 
seal flight instructor certificate would change because of this 
rulemaking. Another commenter recommended that the FAA revise the 
eligibility criteria for gold seal flight instructor certificates and 
take into consideration more than just recommendations for a practical 
test to determine eligibility.
    As discussed in section IV.D. of this preamble, gold seal flight 
instructor certificates are not issued under regulatory authority, but 
instead issued under FAA policy. The FAA did not contemplate changing 
this policy as part of this rulemaking. Adopting the commenter's 
recommendation to change the existing standard would require additional 
rulemaking to codify gold seal flight instructor certificates. 
Additionally, the FAA policy for the issuance of a gold seal flight 
instructor certificate relies on a flight instructor's recommendations 
for practical tests because these recommendations result in a 
demonstrated record of success training pilots, as assessed by the FAA 
or designated examiner. This assessment provides a performance measure 
that attests to the endorsing flight instructor's proficiency and 
instructional ability. Eligibility criteria not relying on this 
performance measure would not ensure the flight instructor meets the 
intended standards. For these

[[Page 80041]]

reasons, the FAA will not adopt this recommendation and will retain 
existing gold seal flight instructor certificate policy.
    One commenter suggested that the FAA address the personal liability 
associated with flight instruction, which the commenter believes has 
resulted in flight instructors quitting active flight instruction.
    Although the FAA understands this commenter's concern and interest 
in retaining experienced flight instructors, addressing personal 
liability is not within the scope of this rulemaking nor the FAA's 
authority and role. The FAA regulates U.S. civil aviation to promote 
safety in air commerce.
    One commenter recommended that the FAA increase the requirements 
for a flight instructor to qualify to endorse a student pilot for solo 
flight.
    Currently, a flight instructor with a valid flight instructor 
certificate may endorse a student pilot for solo flight when the 
student has met the aeronautical knowledge and pre-solo flight training 
requirements of Sec.  61.87. The FAA did not intend to change these 
limitations or establish new requirements for a flight instructor to 
endorse a student pilot for solo flight as part of this rulemaking. The 
FAA believes that the requirements of Sec.  61.87, along with the 
eligibility requirements to obtain a flight instructor certificate, 
establish an acceptable standard. The FAA will not adopt this 
recommendation.
    One commenter proposed three recommendations to improve a flight 
instructor's ``ability to teach safety and safely.'' \41\ The 
suggestions included restructuring the Aviation Instructor's Handbook, 
conducting regular reviews of flight instructors offering flight 
instruction under part 61, and addressing the issue of designated pilot 
examiners who conduct a high number of practical tests per year at 
``$900 to $1,000 per ride-with what appears to be profit-driven 
motive.''
---------------------------------------------------------------------------

    \41\ Comment from Timothy Heron, Docket No. FAA-2023-0825-0133.
---------------------------------------------------------------------------

    The FAA appreciates the feedback on the Aviation Instructor's 
Handbook. However, this document is not within the purview of this 
rulemaking and will not be restructured as a result of it. The 
commenter's recommendation to ``review'' flight instructors providing 
instruction under part 61 seems to comment on the FAA's flight 
instructor surveillance policy.\42\ The existing part 61 flight 
instruction oversight policy cannot be revised through this rulemaking. 
Finally, this rulemaking did not intend changes to designated pilot 
examiner authorization or oversight, nor can it address the commenter's 
specific concerns about the cost of practical tests conducted by DPEs. 
Current FAA policy addresses DPE activities and oversight. Therefore, 
the FAA will not adopt these recommendations as they fall outside the 
scope of this rulemaking.
---------------------------------------------------------------------------

    \42\ See FAA Order 8900.1, Volume 6, Chapter 1, Section 5. 
drs.faa.gov/browse/excelExternalWindow/DRSDOCID184370682820230531144311.0001.
---------------------------------------------------------------------------

    One commenter requested that the FAA reevaluate DPE eligibility 
standards to address a shortage of DPEs. As discussed, this rulemaking 
did not intend to change or address DPE policy, and this policy is 
beyond the scope of this rulemaking.
    Two commenters, including SAFE and one individual, recommended the 
FAA update the WINGS Program's FAASafety.gov website. The FAA 
appreciates this feedback, however changes to the FAASafety.gov website 
is beyond the scope of this rulemaking.
    One commenter recommended expansion of ground instructor privileges 
by allowing them to act as a certifying official on student pilot 
certificate applications. Additionally, the commenter recommended 
allowing ground instructors to verify identity and citizenship 
requirements for pilots seeking flight training in accordance with 
Transportation Security Administration (TSA) requirements.
    Section 61.85(b) establishes the certifying officials who may 
accept an application for a student pilot certificate. Notably, ground 
instructors are not included. The FAA did not intend to change ground 
instructor privileges as part of this rulemaking and believes the 
existing certifying officials are sufficient to process student pilot 
certificate applications. The FAA declines to adopt this 
recommendation. This commenter's additional recommendation to allow 
ground instructors to verify citizenship to meet TSA requirements found 
in 49 U.S.C. part 1552 is beyond the scope of this rulemaking.
    One commenter recommended that flight instructor eligibility 
requirements should not require a practical test to obtain a flight 
instructor certificate. The commenter recommended that only the 
currently required knowledge tests should be required for the issuance 
of a flight instructor certificate. The commenter believed that this 
recommendation would address the perceived difficulty and expense of 
flight instructor certification.
    The FAA notes that the flight instructor practical test ensures 
that the instructor applicant has the instructional knowledge and skill 
to meet standards. Removing the practical test requirement would have 
an adverse impact on safety because it would no longer ensure a flight 
instructor meets the flight instructor instructional knowledge and 
skill standards. Additionally, this rulemaking did not contemplate a 
change to flight instructor eligibility requirements, currently found 
in Sec.  61.183, or Sec.  61.405 for flight instructors with a sport 
pilot rating. The FAA will not adopt this recommendation.
    One commenter supported proposed rulemaking but recommended ``a 24-
month recovery opportunity for instructors who were sidelined due to 
COVID-related issues.'' The FAA finds that the proposed reinstatement 
options would allow flight instructors impacted by COVID-19 to 
reinstate their flight instructor privileges by practical test. The FAA 
declines to adopt the recommendation for additional relief.
    In their comment, AOPA asked how the proposed rule would affect 
part 141 chief and assistant chief instructors, who are currently 
required to complete a FIRC every 12 months. The FAA notes that this 
rulemaking does not change part 141 chief flight instructor or 
assistant chief flight instructor requirements. In accordance with 
Sec.  141.79(c), those instructors would need to complete an approved 
syllabus of training consisting of ground or flight training, or both, 
or an approved FIRC every 12 months. These instructors may also choose 
to reestablish recent experience based on completion of this approved 
FIRC.

[[Page 80042]]

    One commenter believed that an industry group received an 
opportunity to comment on the draft proposal prior to publication of 
the NPRM and other industry groups were excluded. The FAA affirms that 
no industry groups or individuals were given advance opportunity to 
review and comment on this rulemaking prior to publication of the NPRM.
    One individual recommended extending the comment period. In this 
case, the commenter recommended that the FAA withdraw this proposal, 
convene a working group, and consult with the flight training industry 
to get their input; or at least extend the comment period until after 
July 2023. To respond to this commenter's request to extend the comment 
period, the FAA reopened the comment period for an additional thirty 
(30) days, from November 1, 2023, through December 1, 2023. Under the 
guidance of Executive Order 13563,\43\ which provides that the public 
must be afforded a meaningful opportunity to comment with a comment 
period that should generally be at least 60 days, the FAA finds that 
the additional 30 day comment period provided sufficient opportunity 
for the public to comment (i.e., a total period of 60 days). 
Additionally, the FAA found that the APA process of notice and comment 
was sufficient to gather relevant perspectives and continue the 
rulemaking process. Therefore, the FAA will neither convene an Aviation 
Rulemaking Committee nor a working group as part of this rulemaking 
action.
---------------------------------------------------------------------------

    \43\ See www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
---------------------------------------------------------------------------

V. Severability

    As discussed in section II. Of this preamble, Congress authorized 
the FAA by statute to promote safe flight of civil aircraft in air 
commerce by prescribing, among other things, regulations and minimum 
standards for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce.\44\ Consistent with that 
mandate, the FAA promulgates the regulations described herein to remove 
the flight instructor certificate expiration date and to substitute the 
renewal requirement with a recency requirement. However, the FAA 
recognizes that certain provisions of this final rule make additional 
unrelated changes to the regulations. Therefore, the FAA finds that the 
various provisions of this final rule are severable and able to operate 
functionally if severed from each other. In the event a court were to 
invalidate one or more of this final rule's unique provisions, the 
remaining provisions should stand, thus allowing the FAA to proceed 
with revising flight instructor certificates within its Congressionally 
authorized role of promoting safe flight of civil aircraft in air 
commerce.
---------------------------------------------------------------------------

    \44\ 49 U.S.C. Subtitle VII, Subpart i of part A, Section 40113, 
Administrative, and Subpart iii, Section 44701, General 
Requirements; Section 44702, Issuance of Certificates; Section 
44703, Airman Certificates; Section 44704, Type Certificates, 
Production Certificates, Airworthiness Certificates, and Design and 
Production Organization Certificates; Section 44705, Air Carrier 
Operating Certificates; and Section 44707, Examination and Rating of 
Air Agencies.
---------------------------------------------------------------------------

VI. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866, Executive Order 13563, and Executive Order 14094 
(``Modernizing Regulatory Review''), direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the 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. 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 that may 
result in the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $183,000,000, using the 
most current (2023) Implicit Price Deflator for the Gross Domestic 
Product. This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not a significant 
regulatory action as defined under section 3(f)(1) of Executive Order 
12866; will not have a significant economic impact on a substantial 
number of small entities; will not create unnecessary obstacles to the 
foreign commerce of the United States; and will not impose an unfunded 
mandate on State, local, or Tribal governments, or on the private 
sector.

A. Regulatory Evaluation

    The FAA will amend part 61 of title 14 of the Code of Federal 
Regulations by (1) removing the expiration date on the flight 
instructor certificate; (2) allowing flight instructors whose recent 
experience has lapsed by no more than three calendar months to 
reinstate their flight instructor privileges by taking a FIRC; (3) 
identifying an FAA-sponsored pilot proficiency program (e.g., WINGS-FAA 
Pilot Proficiency Program) as an additional method for a flight 
instructor to meet recent experience requirements; (4) revising the 
qualifications for flight instructors seeking to train initial flight 
instructor applicants under 14 CFR 61.195(h)(2); and (5) codifying SFAR 
No. 100-2, with clarifying revisions.
    The FAA estimates this rule to result in $5.6 million, discounted 
over five years, in cost savings to FAA and industry, which includes 
removing the expiration date on the flight instructor certificate as 
well as allowing flight instructors whose recent experience has lapsed 
by no more than three calendar months to reinstate flight instructor 
privileges by taking a FIRC. These cost savings are driven primarily by 
the cost savings to industry of removing the expiration date on the 
flight instructor certificate.
    This final rule includes two changes not originally proposed. The 
first change corrects Sec.  61.197(b)(2)(v) by replacing a requirement 
for ``15 hours'' to ``15 activities.'' The second change corrects Sec.  
61.51(h)(2)(ii) by aligning pilot logbook training time descriptions 
with the removal of the flight instructor certificate expiration date. 
The FAA notes that there is no cost impact associated with either of 
these changes.
    None of the comments received resulted in any changes to the FAA 
assessment of cost savings or costs. For instance, one commenter 
claimed that the FIEQTP may not be a popular program with parts 141 and 
142 flight training centers or CFIs due to the cost and complexity 
associated with it. According to the commenter, the FAA estimated that 
it would cost a school an average of over $5,000 in the first year to 
establish the course. In subsequent years, it would then cost slightly 
over $2,000 per year in course revisions, approvals, and record keeping 
expenses. Although the FAA estimated costs for this new training 
program, the FAA also pointed out that participation in FIEQTP will not 
be mandatory; instead, it will be one option to become qualified to 
instruct initial flight instructor applicants. Three commenters 
contended that the only cost savings from removing the expiration date 
from

[[Page 80043]]

flight instructor certificates is to the FAA in the production and 
mailing of new certificates. In the detailed analysis in the following 
section, the FAA points out that it also estimated cost savings to 
industry of approximately $2.7 million present value at a 2 percent 
discount rate for this provision. Therefore, there have been no changes 
to this analysis as it was proposed except for updates with more recent 
data on the number of initial flight instructor certificates, the 
number of flight instructor certificate renewals, the number of pilot 
schools and the number of training centers. Additionally, this final 
rule has been updated from the NPRM to convert to 2024 dollars from 
2022 dollars and to add a present value discounted at two percent for 
cost savings and costs.
1. Removing the Expiration Date on the Flight Instructor Certificate
    Currently, a flight instructor certificate expires 24 calendar 
months from the month in which the FAA issued, renewed, or reinstated 
that certificate. The FAA will remove the expiration date from the 
flight instructor certificate, which will eliminate the need to renew 
that certificate prior to its expiration date by passing a practical 
test or by submitting a completed and signed application with the FAA 
and satisfactorily completing one of the currently enumerated renewal 
requirements. These current renewal requirements will become recent 
experience requirements. Consequently, the FAA will no longer need to 
create new physical flight instructor certificates upon each 
applicant's recent experience cycle after that person receives their 
permanent certificate without an expiration date.
    To estimate the cost savings associated with removing the 
expiration date from flight instructor certificates, the FAA begins 
with estimating the baseline number of certificates and associated 
costs avoided. The FAA estimates that from 2013 to 2023 the number of 
initial flight instructor certificates grew from 2,348 to 9,280 \45\ 
(i.e., the average annual growth rate from 2013 to 2023 was 14.73 
percent). Using this 14.73 percent annual growth rate, the FAA 
forecasts the initial flight instructor certificates over the next 
years. Similarly, the FAA estimates that from 2013 to 2023, the number 
of flight instructor certificate renewals grew from 41,467 to 61,782 
\46\ (i.e., the average annual growth rate from 2013 to 2023 was 4.07 
percent). Using this 4.07 percent annual growth rate, the FAA forecasts 
the flight instructor certificate renewals over the next years.
---------------------------------------------------------------------------

    \45\ Source: FAA Airman Certification Branch.
    \46\ Ibid.
---------------------------------------------------------------------------

    The FAA determined the cost of issuing the physical flight 
instructor certificates by estimating the mean labor cost for the 
applicants that complete and submit FAA Form 8710 applications.\47\ The 
FAA finds that the variety of people with various pay levels that work 
on issuing flight instructor certificates are classified using the May 
2022 North American Industry Classification System under NAICS code 
\48\ 481200, ``Nonscheduled Air transportation.'' \49\ Therefore, the 
FAA assumes that the mean hourly wage of $47.13 of all occupations is 
representative of pilots and representative occupations. The FAA then 
applies the appropriate multipliers for overhead (this includes health 
benefits, vacation, sick time, etc.). More specifically, the FAA 
increases the base hourly rate by 42.25 percent, which is based on the 
percent of total compensation for transportation employees,\50\ 
resulting in a fully burdened wage rate of approximately $67.04 per 
hour. FAA estimates the time to produce each physical flight instructor 
certificate is 6 minutes, or 0.1 hours.\51\
---------------------------------------------------------------------------

    \47\ This includes FAA Form 8710-1, Airman Certificate and/or 
Rating Application and Form FAA 8710-11, Airman Certificate and/or 
Rating application--Sport Pilot.
    \48\ The NAICS code is the standard used by Federal statistical 
agencies in classifying business establishments for the purpose of 
collecting, analyzing, and publishing statistical data related to 
the U.S. business economy.
    \49\ U.S. Bureau of Labor Statistics, NAICS 481200--Nonscheduled 
Air Transportation www.bls.gov/oes/2022/may/naics4_481200.htm.
    \50\ Percent of total compensation = 29.7%. Source: Bureau of 
Labor Statistics News Release. Employer Costs for Employee 
Compensation--December 2020. www.bls.gov/news.release/archives/ecec_03182021.htm.
    \51\ Source: www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.
---------------------------------------------------------------------------

    Using the preceding information, the FAA estimates that during the 
first five years, the cost savings to industry will be approximately 
$2.7 million present value at a 2 percent discount rate, with 
annualized savings of $573 thousand. The results are presented in Table 
1.

                                                          Table 1--Total Industry Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Time to                            Present value at
                                                    Initial       Flight      Average      process                --------------------------------------
                      Year                           flight     instructor    wage per   each flight      Cost
                                                   instructor    renewals       hour      instructor    savings         2%           3%           7%
                                                   (forecast)   (forecast)                (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................       10,647       64,295       $67.04          0.1     $502,411     $502,411     $502,411     $502,411
2...............................................       12,216       66,910        67.04          0.1      530,461      520,060      515,010      495,758
3...............................................       14,015       69,632        67.04          0.1      560,769      538,994      528,579      489,798
4...............................................       16,080       72,465        67.04          0.1      593,606      559,368      543,233      484,559
5...............................................       18,449       75,412        67.04          0.1      629,244      581,324      559,075      480,047
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................       71,407      348,714  ...........  ...........  ...........    2,702,157    2,648,308    2,452,573
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 14.73 percent per year; (ii) Flight instructor renewal forecast based on historic
  rate of 4.07 percent per year; and (iii) estimates may not total due to rounding.

    Using the initial flight instructor certificates forecast and the 
flight instructor certificate renewals forecast, the FAA estimates the 
costs savings to the Federal Government. The FAA determined the cost of 
issuing physical airman certificates by estimating the mean labor cost 
for clerks. The FAA estimates the salaries for the clerks based on the 
2024 General Schedule Locality Pay Tables using the Rest of the United 
States locality pay multiplier. The FAA uses 36.25 percent to calculate 
the overhead benefits multiplier. The total salary, including overhead, 
is $92,597 ($44.52 per hour). The time to produce each flight 
instructor certificate is estimated at 0.1 hours.\52\ Using this 
information, the FAA estimates that during the first five years, the 
FAA cost savings will be approximately $1.8 million present value at a 
2 percent discount rate, with annualized savings of $381 thousand. The 
results are presented in Table 2.
---------------------------------------------------------------------------

    \52\ Source: www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.

[[Page 80044]]



                                                             Table 2--Total FAA Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Time to                            Present value at
                                                    Initial       Flight      Average      process                --------------------------------------
                      Year                           flight     instructor    wage per   each flight      Cost
                                                   instructor    renewals       hour      instructor    savings         2%           3%           7%
                                                   (forecast)   (forecast)                (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................       10,647       64,295       $44.52          0.1     $333,642     $333,642     $333,642     $333,642
2...............................................       12,216       66,910        44.52          0.1      352,269      345,362      342,009      329,223
3...............................................       14,015       69,632        44.52          0.1      372,396      357,936      351,019      325,265
4...............................................       16,080       72,465        44.52          0.1      394,202      371,466      360,751      321,787
5...............................................       18,449       75,412        44.52          0.1      417,869      386,047      371,271      318,790
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................       71,407      348,714  ...........  ...........  ...........    1,794,453    1,758,692    1,628,707
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 14.73 percent per year; (ii) Flight instructor renewal forecast based on historic
  rate of 4.07 percent per year; and (iii) estimates may not total due to rounding.

2. Flight Instructor Refresher Course
    Allowing flight instructors whose recent experience has lapsed by 
no more than three calendar months to reinstate flight instructor 
privileges by taking a FIRC will result in cost savings for flight 
instructors. Under the previous rule, flight instructor applicants 
typically would incur the costs of taking a practical test. This 
expenditure generally included the applicant's time for the test-which 
consisted of oral testing and a flight test (about 2-3 hours flight 
portion), the cost of a designated examiner to conduct the test,\53\ 
and the aircraft operational or rental costs \54\ incurred while taking 
the test. The estimates provided here are based on a comprehensive 
review of (1) numerous flight schools throughout the United States, (2) 
the price designated pilot examiners charge across the country, and (3) 
the cost of taking FAA approved FIRCs conducted by current providers. 
This review was conducted by FAA personnel familiar with the training 
requirements and associated costs. The research conducted during this 
review indicates that a practical test to reinstate a flight instructor 
certificate could cost anywhere from about $800 to thousands of dollars 
when a rental aircraft is used for the practical test. Conversely, the 
cost of an online FIRC may be provided free of charge or cost as much 
as $299 for a live classroom FIRC. By averaging these options ($0 and 
$299), the FAA assumes a cost of $149.50 per hour for the cost of 
taking a FIRC.
---------------------------------------------------------------------------

    \53\ Based on the research conducted by the Airmen Certification 
and Training Branch of Flight Standards Service, this cost can range 
from about $500 to $1,000. The FAA estimates $750/hour (average of 
$500 and $1,000) for the cost of a designated pilot examiner to 
conduct the test.
    \54\ One of the most popular aircraft, the Cessna 172 airplane, 
(four seat/single four-cylinder engine) rents from about $120/hour 
to $220/hour wet (with fuel and oil), depending on its age and 
equipment. The FAA estimates $170/hour (average of $120 and $220) 
for the rental cost. Additional cost may include the flight 
instructor's fee (typically $30-$60 per hour). The FAA estimates 
$45/hour (average of $30 and $60) for the flight instructor's fee.
---------------------------------------------------------------------------

    To estimate the cost savings associated with taking a FIRC instead 
of a practical test, the FAA forecasts that on average 85 flight 
instructors will reinstate their flight instructor certificate within 
the first three-month period from the expiration of their 
certificate.\55\ The FAA determined the difference in cost between 
taking a practical test and taking a FIRC as $2,656.\56\ Therefore, the 
FAA estimates that during the first five years, the cost savings will 
be approximately $1.1 million present value at a 2 percent discount 
rate, with annualized savings of $231 thousand. The results are 
presented in Table 3.
---------------------------------------------------------------------------

    \55\ Flight Instructors that reinstated their flight instructor 
certificate within the first three-month period from the expiration 
of their certificate: 2019 = 92, 2020 = 79, 2021 = 80, 2022 = 96, 
and 2023 = 70. Source: Federal Aviation Administration Airmen 
Certification Branch (AFB-720). Average of 92, 79, 80, 96, and 70 = 
85. Received data on March 19, 2024. For the NPRM, the FAA only had 
data points from 2019 to 2021, which were used to calculate the 
average.
    \56\ Difference in cost between taking a practical test and 
taking a FIRC = $2,805 - $149.50 = $2,655.5 Average cost of taking a 
flight instructor reinstatement practical test: $2,805. Assumptions 
for the practical test: Airplane, not Helicopter; Airplane rental 
for training in preparation for the practical test = 6 hours x $170 
= $1,020; Prep time for test with flight instructor = 6 hours x $45 
= $270 prep time; Airplane rental to and from test = 2 x $170 = 
$340; Airplane rental for the flight test (2-3 hours = 2.5 hours 
flight test x $170 = $425; Designated examiner to conduct the test 
average = $750.
    Note: This example reflects the most common practical 
reinstatement by practical test. However, each individual has 
different circumstances.
    Average cost for taking a FIRC = $149.50 (average of $0 and 
$299).

                                             Table 3--Total Flight Instructor Refresher Course Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Flight instructors that                                       Present value at
                                                                  will reinstate their                            --------------------------------------
                                                                   flight instructor       Cost of
                                                                   certificate within     practical       Cost
                             Year                                 first 3 month period    test minus    savings
                                                                 from the expiration of    cost of                      2%           3%           7%
                                                                   their certificate         FIRC
                                                                       (forecast)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................                       85       $2,656     $226,822     $226,822     $226,822     $226,822
2.............................................................                       85       $2,656     $226,822     $222,375     $220,216     $211,984
3.............................................................                       85        2,656      226,822      218,015      213,802      198,115
4.............................................................                       85        2,656      226,822      213,740      207,575      185,155
5.............................................................                       85        2,656      226,822      209,549      201,529      173,042
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................                      427  ...........  ...........    1,090,501    1,069,944      995,118
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.

    The FAA estimates that during the first five years, the combined 
cost savings (industry + FAA) will be approximately $5.6 million 
present value at a 2 percent discount rate, with an annualized savings 
of $1.2 million. The results are presented in Table 4.

[[Page 80045]]



                            Table 4--Total Cost Savings for the Industry and the FAA
----------------------------------------------------------------------------------------------------------------
                                                                 Present value at                   Annualized
                  Cost savings                   ---------------------------------------------------------------
                                                        2%              3%              7%              2%
----------------------------------------------------------------------------------------------------------------
Industry........................................      $3,792,659      $3,718,253      $3,447,692        $804,644
FAA.............................................       1,794,453       1,758,692       1,628,707         380,708
                                                 ---------------------------------------------------------------
    Total.......................................       5,587,111       5,476,944       5,076,398       1,185,353
----------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.

3. FAA-Sponsored Pilot Proficiency Programs
    This new paragraph will add the FAA-sponsored pilot proficiency 
programs as a method to establish recent experience under Sec.  
61.197(a) and will codify the FAA's current practice of permitting 
flight instructors to use the WINGS Program to satisfy Sec.  61.197. 
Codifying FAA-sponsored pilot proficiency programs to allow flight 
instructors an additional method to establish flight instructor recent 
experience is essentially an enabling provision for flight instructors, 
which was triggered by the need to provide a regulatory basis for a 
policy that has allowed flight instructors to renew their certificate 
by means of the WINGS program.
4. Revising Flight Instructor Qualifications Under 14 CFR 61.195(h)(2)
    Currently, prior to instructing initial flight instructor 
applicants, a flight instructor must have held their flight instructor 
certificate for at least 24 calendar months and have given a requisite 
number of hours of flight training. This Final Rule will create two 
additional options for a flight instructor to qualify to instruct 
initial flight instructor applicants. Under the first new option, 
flight instructors would have the option to qualify by training and 
endorsing at least five applicants for a practical test for a pilot 
certificate or rating, with at least 80 percent of those applicants 
passing the test on their first attempt. As another option, flight 
instructors may complete an FAA-approved FIEQTP and give a requisite 
number of hours of flight training. These two new qualification options 
will allow flight instructors to be eligible to instruct initial flight 
instructor applicants sooner than 24 calendar months. This provision 
will provide additional flexibility to instructors and, thus, the FAA 
finds it will provide a small cost savings.\57\
---------------------------------------------------------------------------

    \57\ Section 61.195(h)(2)(iii) currently requires a flight 
instructor seeking to instruct an initial flight instructor 
applicant to have held their flight instructor certificate for at 
least 24 months.
---------------------------------------------------------------------------

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider the effects of the 
regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    Most of the parties affected by this rule will be small businesses 
such as flight instructors, aeronautical universities, FAA designated 
pilot examiners, parts 61 and 141 flight schools, and part 142 training 
centers. There were 131,577 \58\ flight instructors alone in 2023. 
Therefore, this final rule will affect a substantial number of small 
entities. However, it does not impose costs net of cost savings. This 
Final Rule is expected to provide cost savings to industry of about $4 
million present value at 2 percent during the first 5 years. If an 
agency determines that a rulemaking will not result in a significant 
economic impact on a substantial number of small entities, the head of 
the agency may so certify under section 605(b) of the RFA. Therefore, 
as provided in section 605(b) and based on the foregoing, the head of 
FAA certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \58\ U.S. Civil Airmen Statistics [verbar] Federal Aviation 
Administration (faa.gov).
---------------------------------------------------------------------------

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this final rule and 
determined that the rule will have only a domestic impact and, 
therefore, no effect on international trade.

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or Tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. The FAA determined that the final rule will not result in 
the expenditure of $183,000,000 or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

[[Page 80046]]

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there will be a new requirement for information collection associated 
with this rule for the FIEQTP. The FAA notes that the Office of 
Management and Budget assigned OMB control number 2120-0816 to this 
information collection. As required by the Paperwork Reduction Act, the 
FAA has submitted this information collection request to OMB for its 
review. The new information collection would be entitled Flight 
Instructor Enhanced Qualification Training Program (FIEQTP): 
Preparation and Approval. The following discussion provides details on 
this information collection requirement.
    Summary: Flight instructors seeking to provide flight training to 
initial flight instructor applicants may complete an approved Flight 
Instructor Enhanced Qualification Training Program (FIEQTP) that will 
develop the flight instructor's instructional ability. Participation in 
this new training program is not mandatory; instead, it is one option 
to become qualified to instruct initial flight instructor applicants. 
Any part 141 pilot school or part 142 training center wishing to offer 
the new training program is required to submit the curriculum to the 
FAA for approval.
    Use: The information collected for the FIEQTP will ensure flight 
instructors seeking to provide flight training to initial flight 
instructor applicants are adequately trained in the knowledge and 
skills of the intricacies of providing flight training to initial 
flight instructor applicants. The requirement to submit the FIEQTP 
curriculum to the FAA for approval ensures that the FIEQTP meets the 
regulatory requirements of such program and provides greater oversight 
of the training programs to ensure consistency of both course and 
instructional quality among pilot schools and training centers.
    Burden Estimate: As of May 2024, FAA records show 539 active part 
141 pilot schools and 50 active part 142 training centers.\59\ The FAA 
estimates that 25 percent of these pilot schools and training centers 
would take advantage of the provision in this rule that would trigger 
an estimated 147 responses to this new information collection for Sec.  
61.195(h)(3). Therefore, in the first year, the FAA estimates that 
about 134.75 pilot schools and 12.50 training centers would submit a 
training program for approval for a total of 147 respondents in the 
first year. Further, the FAA estimates that the development of each 
FIEQTP will take approximately 80 hours and that the task would be 
performed by the pilot school's or training center's chief flight 
instructor. The Bureau of Labor Statistics estimates that the mean 
annual salary for a chief flight instructor is $90,330, from which the 
FAA estimates an average wage of $43.43 per hour.\60\ This wage was 
obtained using the North American Industry Classification System 
(NAICS) industry code 611500; occupation code 53-2010 designate for 
aircraft pilots and flight engineers. This wage estimate was derived by 
dividing $90,330 by 2,080 hours (assuming a 40-hour work week for 52 
weeks), which is $43.43 per hour. Next, a fringe benefit multiplier 
1.42 was included. This results in an annual salary of $128,128 and 
hourly wage of $61.60.\61\
---------------------------------------------------------------------------

    \59\ The FAA obtained a list of active part 141 pilot schools 
and a list of active part 142 training centers from its internal 
record system, WebOPSS, on March 18, 2024.
    \60\ The code was determined to be the appropriate code as the 
NAICS code for training and development specialists' states ``flight 
instructors are included with ``Aircraft Pilots and Flight 
Engineers'' (53-2010)''. Source: Technical and Trade Schools--May 
2022 OEWS Industry-Specific Occupational Employment and Wage 
Estimates (bls.gov).
    \61\ Percent of total compensation = 29.5%. Source: Bureau of 
Labor Statistics News Release. Employer Costs for Employee 
Compensation--March 2022. Employer Costs for Employee Compensation 
Archived News Releases: U.S. Bureau of Labor Statistics (bls.gov).

                                   Table 5--Industry Salary Including Overhead
----------------------------------------------------------------------------------------------------------------
                Job category                    Annual wage       Multiplier         Total         Hourly wage
----------------------------------------------------------------------------------------------------------------
Chief Flight Instructor.....................     \1\ $90,330         \2\ 1.42         $128,128       \3\ $61.60
----------------------------------------------------------------------------------------------------------------
Sources:
\1\ NAICS Code 611500; occupation code 53-2010. Technical and Trade Schools--May 2022 OEWS Industry-Specific
  Occupational Employment and Wage Estimates (bls.gov).
\2\ Overhead benefit percent of total compensation = 29.5%. June 2022. https://www.bls.gov/bls/news-release/ecec.htm.
\3\ Using 2,080 working hours in one year.

    This would result in a first-year burden of about 11,780 hours and 
about $725,648 ((134.75 pilot schools +12.50 training centers) x 80 
hours x $61.60) for affected pilot schools and training centers to 
prepare and submit new training programs. For subsequent years, the FAA 
assumes a growth rate of one percent for both pilot schools and 
training centers. The FAA estimates that 25 percent of those 
institutions would submit FIEQTP to the FAA for revisions, resulting in 
approximately 1.47 new respondents and an additional burden of about 
118 hours and $7,256 in subsequent years. The FAA also estimates that 
each year at least 50 percent of the pilot schools and training centers 
that provide the FIEQTP curriculum would require at least one revision 
to address any updates or deficiencies identified by the FAA, pilot 
school, or training center. As a result, the FAA estimates the total 
annual burden to pilot schools and training centers of submissions, 
including growth and revisions, at 4,749 hours and $292,553.
    The FAA reviewed the number of initial flight instructors 
certificated in the previous three years, which was reported as: 2023 
(11,337), 2022 (8,364), and 2021 (7,759) equaling a total of 27,460 
newly certificated flight instructors.\62\ Using the most recent year 
of these newly certificated flight instructors, the FAA estimates 
11,337 student records would be generated in the first year. The FAA 
further assumes that 25 percent of the students would enroll in a 
FIEQTP regardless of other alternatives. The FAA, therefore, estimates 
that 2,834 students \63\ would enroll in a FIEQTP in the first year. 
The FAA further estimates that the student population growth rate would 
be 0.6 percent.\64\ In addition, the FAA estimates each record would 
require five minutes of processing time and that recordkeeping 
functions would be the responsibility of the chief flight

[[Page 80047]]

instructor. This would result in an annual recordkeeping burden of 79 
hours and $4,888.
---------------------------------------------------------------------------

    \62\ The number of initial flight instructors are from U.S. 
Civil Airmen Statistics [verbar] Federal Aviation Administration 
(faa.gov); March 18, 2024.
    \63\ 11,337 x 25% = 2,834 students.
    \64\ Source: FAA Airman Certification Branch.
---------------------------------------------------------------------------

    The annual industry burden and cost of this information requirement 
for plan submission and revision and student recordkeeping is about 
4,829 hours and $297,441.

                       Table 6--Industry FIEQTP Development and Revision Burden and Costs
                                        [Information used for estimates]
----------------------------------------------------------------------------------------------------------------
               Category                           Element                              Estimate
----------------------------------------------------------------------------------------------------------------
Pilot Schools........................  Number of pilot schools......  539
                                       Portion of pilot schools       25%
                                        affected.
                                       Number of pilot schools        (539 x 0.25 =) 134.75
                                        affected.
                                       Growth rate of pilot schools.  1%
Training Centers.....................  Number of training centers...  50
                                       Portion of training centers    25%
                                        affected.
                                       Number of training centers     (50 x 0.25 =) 12.50
                                        affected.
                                       Growth rate of training        1%
                                        centers.
FIEQTP...............................  Time needed to develop and     80 hours
                                        submit original.
                                       Time for revisions...........  10 hours
                                       Percent revisions per year...  50% \65\
Wage Rate............................  Chief flight instructor......  $61.60
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the annual burden and cost to the Federal 
Government for the review and authorization of the FIEQTP would be 
2,809 hours and $251,924. This burden and cost was determined by 
estimating the time required for FAA personnel to review FIEQTP 
curriculums and authorize an applicant's program through the issuance 
of an approval letter. The FAA estimates FAA aviation safety inspectors 
(ASIs) would spend 40 hours on each review and 10 hours on each 
revision. Additionally, FAA clerks would spend 30 minutes on issuance 
of an approval letter. The FAA estimates the salaries for the ASIs and 
clerks based on the 2024 General Schedule Locality Pay Tables using the 
Rest of the United States locality pay multiplier. The FAA uses 36.25 
percent to calculate the overhead benefits multiplier. The total 
salary, including overhead, is $188,696 ($90.72 per hour) for ASIs and 
$92,597 ($44.52 per hour) for clerks. The analysis uses the same number 
of responses estimated for industry FIEQTP submission and revision to 
estimate the burden and cost to the FAA of reviews and approvals.
---------------------------------------------------------------------------

    \65\ Estimated as 50% of the total affected pilot schools and 
training centers per year adjusted for growth.

                                    Table 7--FAA Salaries Including Overhead
----------------------------------------------------------------------------------------------------------------
               Job category                     Aviation safety inspector                    Clerk
----------------------------------------------------------------------------------------------------------------
Grade and Step...........................  GS-14 Step 5......................  GS-9 Step 5.
Annual Base Salary.......................  $118,552 \1\......................  $58,176.\1\
Locality Multiplier......................  1.1682 \2\........................  1.1682.\2\
Salary Adjusted by Locality Pay..........  $138,492..........................  $67,961.
Overhead Benefit Multiplier..............  1.3625 \3\........................  1.3625.\3\
Salary including Overhead................  $188,696..........................  $92,597.
Hourly Wage..............................  $90.72 \4\........................  $44.52.\4\
----------------------------------------------------------------------------------------------------------------
 Sources:
\1\ 2024 General Schedule Pay. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2024/GS.pdf.
\2\ FAA locality rate for the Rest of the United States.
\3\ https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf.
\4\ Using 2,080 working hours in one year.

    The combined (industry + FAA) annual burden and cost is 7,637 hours 
and $549,365. The following provides additional detail of response, 
burden, and cost estimates to industry and the FAA (some estimates may 
not exactly total due to rounding).

                                              Table 8--Annual Burden and Costs for the Industry and the FAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Burden hours
               Category                     Total         Hours per   ----------------------------------------------------------------------------------
                                          responses       response        Reporting      Recordkeeping      Disclosure         Total           Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry: 61.195(h)(3):
    Development Cost--Pilot Schools..           45.82              80           3,666  .................  ..............           3,666        $225,798
    Development Cost--Training                   4.25              80             340  .................  ..............             340          20,946
     Centers.........................
    Cost--Revisions..................           74.36              10             744  .................  ..............             744          45,808
    Industry Recordkeeping Costs.....          956.12           0.083  ..............                 79  ..............              79           4,888
                                      ------------------------------------------------------------------------------------------------------------------

[[Page 80048]]

 
        Total Industry Costs for       ..............  ..............           4,749                 79               0           4,829         297,441
         61.195(h)(3)................
FAA: 61.195(h)(3):
    Review cost of FIEQTP curriculums           50.07              40           2,003  .................  ..............           2,003         181,692
    Revision cost of FIEQTP                     74.36              10             744  .................  ..............             744          67,462
     curriculums.....................
    Cost of issuing approval letter..          124.43             0.5              62  .................  ..............              62           2,770
                                      ------------------------------------------------------------------------------------------------------------------
        Total FAA Costs for            ..............  ..............           2,809                  0               0           2,809         251,924
         61.195(h)(3)................
    Total Industry and FAA Costs for   ..............  ..............           7,558                 79               0           7,637         549,365
     61.195(h)(3)....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Details may not add to row or column totals due to rounding.

    Finally, Sec.  61.195(h)(3)(vii) will require part 141 pilot 
schools and part 142 training centers to issue a graduation certificate 
to each flight instructor who successfully completes the FIEQTP. While 
part 141 already requires pilot schools to issue a graduation 
certificate to each student who completes an approved course of 
training,\66\ this will be a new requirement for part 142 training 
centers, and only required for training centers in the context of 
FIEQTPs. The FAA does not know how many part 141 pilot schools or how 
many part 142 training centers will choose to provide the FIEQTP 
course. Additionally, the FAA does not know how many flight instructors 
will seek to attend this course at a part 141 pilot school, which is 
already required to issue a graduation certificate; or how many flight 
instructors will seek to attend this course at a part 142 training 
center, which are not currently required to issue graduation 
certificates. Therefore, the FAA is unable to quantify the costs to 
provide a graduation certificate.
---------------------------------------------------------------------------

    \66\ See Sec.  141.95.
---------------------------------------------------------------------------

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

G. Environmental Analysis

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

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

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

B. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\67\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\68\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes; or to affect uniquely or significantly 
their respective Tribes. At this point, the FAA has not identified any 
unique or significant effects, environmental or otherwise, on Tribes 
resulting from this final rule.
---------------------------------------------------------------------------

    \67\ 65 FR 67249 (Nov. 6, 2000).
    \68\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

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

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

D. Executive Order 13609, Promoting International Regulatory 
Cooperation

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

VIII. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this final rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at 
www.federalregister.gov and the Government Publishing Office's website 
at www.govinfo.gov. A copy

[[Page 80049]]

may also be found at the FAA's Regulations and Policies website at 
www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. 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. A small entity with questions regarding this 
document may contact its local FAA official, or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

14 CFR Part 61

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

14 CFR Part 63

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

14 CFR Part 65

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

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

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

PART 11-GENERAL RULEMAKING PROCEDURES

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113, 
44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-50923.

0
2. Amend Sec.  11.201 in the table in paragraph (b) by revising the 
entry for part 61 to read as follows:


Sec.  11.201  Office of Management and Budget (OMB) control numbers 
assigned under the Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
 14 CFR part or section identified
           and described                 Current OMB control number
------------------------------------------------------------------------
 
                              * * * * * * *
Part 61...........................  2120-0021, 2120-0034, 2120-0543,
                                     2120-0571, 2120-0816
 
                              * * * * * * *
------------------------------------------------------------------------

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

0
3. The authority citation for part 61 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307, Pub. L. 
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 318, Pub. L. 
115-254, 132 Stat. 3186 (49 U.S.C. 44703 note); and Sec. 820, Pub. 
L. 118-63, 138 Stat. 1330 (49 U.S.C. 44939 note).

Special Federal Aviation Regulation No. 100-2 [Removed]

0
4. Remove Special Federal Aviation Regulation No. 100-2 from part 61.

0
5. Amend Sec.  61.2 by revising paragraphs (b)(1) and (2) to read as 
follows:


Sec.  61.2  Exercise of Privilege.

    (b) * * *
    (1) Exercise privileges of an airman certificate, rating, 
endorsement, or authorization issued under this part unless that person 
meets the appropriate airman recent experience and medical 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 Sec.  61.3(b), 
unless that person meets the appropriate airman recent experience and 
medical requirements of the country that issued the license, specific 
to the operation.

0
6. Amend Sec.  61.19 by revising paragraphs (a)(2), (c)(1), (d) and (e) 
to read as follows:


Sec.  61.19  Duration of pilot and instructor certificates and 
privileges.

    (a) * * *
    (2) Except for a certificate issued with an expiration date, a 
certificate issued under this part is valid unless it is surrendered, 
suspended, or revoked.
    (c) * * *
    (1) A pilot certificate (including a student pilot certificate 
issued after April 1, 2016) issued under this part is issued without an 
expiration date.
    (d) Flight instructor certificate. (1) A flight instructor 
certificate issued under this part on or after December 1, 2024, is 
issued without an expiration date.
    (2) A flight instructor certificate issued before December 1, 2024, 
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 an expiration date.
* * * * *

0
7. Amend Sec.  61.39 by:
0
a. Revising paragraphs (a) introductory text, (b) introductory text, 
(b)(3), (c) introductory text, and (c)(2);
0
b. Redesignating paragraphs (e) through (g) as paragraphs (f) through 
(h); and
0
c. Adding new paragraph (e).
    The revisions and addition read as follows:


Sec.  61.39  Prerequisites for practical tests.

    (a) Except as provided in paragraphs (b), (c), (e), and (f) of this 
section, to be eligible for a practical test for a certificate or 
rating issued under this part, an applicant must:
* * * * *
    (b) Except as provided in paragraph (e) of this section, an 
applicant for an airline transport pilot certificate with an airplane 
category multiengine class rating or an airline transport pilot 
certificate obtained concurrently with a multiengine airplane type 
rating may

[[Page 80050]]

take the practical test with an expired knowledge test only if the 
applicant passed the knowledge test after July 31, 2014, and is 
employed:
* * * * *
    (3) By the U.S. Armed Forces as a flightcrew member in U.S. 
military air transport operations at the time of the practical test and 
has satisfactorily completed the pilot in command aircraft 
qualification training program that is appropriate to the pilot 
certificate and rating sought.
    (c) Except as provided in paragraph (e) of this section, an 
applicant for an airline transport pilot certificate with a rating 
other than those ratings set forth in paragraph (b) of this section may 
take the practical test for that certificate or rating with an expired 
knowledge test report, provided that the applicant is employed:
* * * * *
    (2) By the U.S. Armed Forces as a flightcrew member in U.S. 
military air transport operations at the time of the practical test and 
has satisfactorily completed the pilot in command aircraft 
qualification training program that is appropriate to the pilot 
certificate and rating sought.
* * * * *
    (e) An applicant for an airman certificate or rating issued under 
this part 61 may take a practical test with an expired knowledge test 
if the applicant meets the requirements specified in Sec.  61.40.
* * * * *

0
8. Add Sec.  61.40 to read as follows:


Sec.  61.40  Relief for U.S. Military and civilian personnel who are 
assigned outside the United States in support of U.S. Armed Forces 
operations.

    (a) Relief. A person who satisfies the requirements of paragraph 
(b) of this section may use the following documents to demonstrate 
eligibility to renew a flight instructor certificate, establish recent 
flight instructor experience, take a practical test, or renew an 
inspection authorization, as appropriate:
    (1) For flight instructor certificates issued before December 1, 
2024, an expired flight instructor certificate to show eligibility for 
renewal of a flight instructor certificate under Sec.  61.197;
    (2) Except as provided in paragraph (a)(3) of this section, for 
flight instructor certificates issued after December 1, 2024, a record 
demonstrating the last recent experience event accomplished under Sec.  
61.197 to show eligibility to reestablish recent experience under Sec.  
61.197;
    (3) For persons who were issued a flight instructor certificate 
after December 1, 2024, and who served in a U.S. military or civilian 
capacity outside the United States in support of a U.S. Armed Forces 
operation for some period of time during the 24 calendar months 
following the issuance of the person's flight instructor certificate, a 
flight instructor certificate demonstrating the date of issuance to 
show eligibility to establish recent experience under Sec.  61.197;
    (4) An expired written test report to show eligibility under this 
part to take a practical test;
    (5) An expired written test report to show eligibility to take a 
practical test required under part 63 of this chapter; and
    (6) An expired written test report to show eligibility to take a 
practical test required under part 65 of this chapter or an expired 
inspection authorization to show eligibility for renewal under Sec.  
65.93.
    (b) Eligibility. A person is eligible for the relief specified in 
paragraph (a) of this section if that person meets the following 
requirements:
    (1) The person must have served in a U.S. military or civilian 
capacity outside the United States in support of a U.S. Armed Forces 
operation during some period of time beginning on or after September 
11, 2001;
    (2) One of the following occurred while the person served in an 
operation as set forth in paragraph (b)(1) of this section or within 6 
calendar months after returning to the United States--
    (i) The person's flight instructor certificate issued before 
December 1, 2024, airman written test report, or inspection 
authorization expired; or
    (ii) For flight instructor certificates issued after December 1, 
2024, the person has not met the flight instructor recent experience 
requirements within the preceding 24 calendar months in accordance with 
Sec.  61.197; and
    (3) The person complies with Sec.  61.197 or Sec.  65.93 of this 
chapter, as appropriate, or completes the appropriate practical test 
within 6 calendar months after returning to the United States.
    (c) Required documents. To exercise the relief specified in 
paragraph (a) of this section, a person must complete and sign an 
application appropriate to the relief sought and send the application 
to the appropriate Flight Standards office. The person must include 
with the application one of the following documents, which must show 
the date of assignment outside the United States and the date of return 
to the United States:
    (1) An official U.S. Government notification of personnel action, 
or equivalent document, showing the person was a civilian on official 
duty for the U.S. Government outside the United States and was assigned 
to a U.S. Armed Forces operation some time on or after September 11, 
2001;
    (2) Military orders validating the person was assigned to duty 
outside the United States and was assigned to a U.S. Armed Forces 
operation some time on or after September 11, 2001; or
    (3) A letter from the person's military commander or civilian 
supervisor providing the dates during which the person served outside 
the United States and was assigned to a U.S. Armed Forces operation 
some time on or after September 11, 2001.

0
9. Amend Sec.  61.51 by revising paragraph (h)(2)(ii) to read as 
follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (h) * * *
    (2) * * *
    (ii) Include a description of the training given, the length of the 
training lesson, and the authorized instructor's signature, certificate 
number, and certificate expiration date or recent experience end date, 
consistent with the requirements of Sec.  61.197.
* * * * *

0
10. Effective March 1, 2027, amend Sec.  61.51 by revising paragraph 
(h)(2)(ii) to read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (h) * * *
    (2) * * *
    (ii) Include a description of the training given, the length of the 
training lesson, and the authorized instructor's signature, certificate 
number, and recent experience end date.
* * * * *

0
11. Amend Sec.  61.56 by revising paragraphs (d)(2), (e), and (f) to 
read as follows:


Sec.  61.56  Flight review.

* * * * *
    (d) * * *
    (2) A practical test conducted by an examiner for one of the 
following:
    (i) The issuance of a flight instructor certificate,
    (ii) An additional rating on a flight instructor certificate,
    (iii) To meet the recent experience requirements for a flight 
instructor certificate in accordance with Sec.  61.197(b)(1); or
    (iv) The reinstatement of flight instructor privileges in 
accordance with Sec.  61.199(b)(2).
    (e) A person who has, within the period specified in paragraph (c) 
of this

[[Page 80051]]

section, satisfactorily accomplished one or more phases of an FAA-
sponsored pilot proficiency program need not accomplish the flight 
review required by this section.
    (f) A person who holds a flight instructor certificate need not 
accomplish the one hour of ground training specified in paragraph (a) 
of this section if that person has, within the period specified in 
paragraph (c) of this section, met one of the following requirements--
    (1) Satisfactorily completed the recent experience requirements for 
a flight instructor certificate under Sec.  61.197; or
    (2) Reinstated the person's flight instructor privileges by 
satisfactorily completing an approved flight instructor refresher 
course in accordance with Sec.  61.199(a)(1).
* * * * *

0
12. Amend Sec.  61.195 by revising paragraph (h) to read as follows:


Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (h) Qualifications to provide ground or flight training to initial 
flight instructor applicants--(1) Ground training. The ground training 
provided to an initial applicant for a flight instructor certificate 
must be given by an authorized instructor who--
    (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.
    (2) Flight training. A flight instructor who provides flight 
training to an initial applicant for a flight instructor certificate 
must meet the eligibility requirements prescribed in Sec.  61.183; hold 
the appropriate flight instructor certificate and rating; meet the 
requirements of the part under which the flight training is provided; 
and meet one of the following requirements--
    (i) Have held a flight instructor certificate for at least 24 
calendar months; and
    (A) For training in preparation for an airplane, rotorcraft, or 
powered-lift rating, have given at least 200 hours of flight training 
as a flight instructor; or
    (B) For training in preparation for a glider rating, have given at 
least 80 hours of flight training as a flight instructor;
    (ii) Have trained and endorsed, during the preceding 24 calendar 
months, at least five applicants for a practical test for a pilot 
certificate or rating, and at least 80 percent of all applicants 
endorsed in that period passed that test on their first attempt; or
    (iii) After completing the flight training requirements in 
paragraph (h)(2)(i)(A) or (B) of this section, as appropriate, have 
graduated from an FAA-approved flight instructor enhanced qualification 
training program that satisfies the requirements specified in paragraph 
(h)(3) of this section.
    (3) Flight instructor enhanced qualification training program. A 
flight instructor enhanced qualification training program must be 
approved and conducted under part 141 or 142 of this chapter, and meet 
the following requirements-
    (i) The ground training must include at least 25 hours of 
instruction that includes the following subjects:
    (A) Flight instructor responsibilities, functions, lesson planning, 
and risk management, including how to instruct an initial flight 
instructor applicant on these subjects.
    (B) Teaching methods, procedures, and techniques applicable to 
instructing an initial flight instructor applicant.
    (C) Methods of proper evaluation of an initial flight instructor 
applicant to detect improper and insufficient transfer of instructional 
knowledge, training, and performance of the initial flight instructor 
applicant.
    (D) Corrective action in the case of unsatisfactory training 
progress.
    (ii) The flight training must include at least 10 hours of training 
that includes the following areas:
    (A) Scenario-based training to develop the flight instructor's 
ability to instruct an initial flight instructor applicant how to 
satisfactorily perform the procedures and maneuvers while giving 
effective flight training.
    (B) Instructional knowledge and proficiency to teach an initial 
flight instructor applicant in abnormal and emergency procedures, which 
must include stall awareness, spin entry, spins, and spin recovery 
procedures, if applicable to the category and class of aircraft used in 
the flight instructor enhanced qualification training program.
    (C) Risk management and potential results of improper, untimely, or 
non-execution of safety measures critical to flight training.
    (D) Methods of proper evaluation of an initial flight instructor 
applicant to detect improper and insufficient transfer of instructional 
knowledge, training, and performance of the initial flight instructor 
applicant.
    (E) Corrective action in the case of unsatisfactory training 
progress.
    (F) Methods to detect personal characteristics of an initial flight 
instructor applicant that could adversely affect safety.
    (iii) Each flight instructor enrolled in the flight instructor 
enhanced qualification training program must satisfactorily complete an 
end-of-course written test specific to the ground training subjects in 
paragraph (h)(3)(i) of this section and an end-of-course instructional 
proficiency flight test specific to the flight training areas in 
paragraph (h)(3)(ii) of this section.
    (iv) A full flight simulator or flight training device may be used 
to meet the flight training requirements of paragraph (h)(3)(ii) of 
this section. The FFS or FTD must be--
    (A) Qualified and maintained in accordance with part 60 of this 
chapter, or a previously qualified device as permitted in accordance 
with Sec.  60.17 of this chapter;
    (B) Approved by the Administrator pursuant to Sec.  61.4(a); and
    (C) Used in accordance with the part under which the FAA-approved 
course is conducted.
    (v) A maximum of 5 hours of training received in an advanced 
aviation training device may be used to meet the flight training 
requirements of paragraph (h)(3)(ii) of this section for part 141 
flight instructor enhanced qualification training programs. The 
advanced aviation training device must be-
    (A) Approved by the Administrator pursuant to Sec.  61.4(c); and
    (B) Used in accordance with part 141 of this chapter.
    (vi) No certificate holder may use a person, nor may any person 
serve, as an instructor of the flight instructor enhanced qualification 
training program unless the instructor holds a flight instructor 
certificate or ground instructor certificate and meets one of the 
following qualifications:
    (A) Serves as a chief instructor or assistant chief instructor in a 
part 141 pilot school;
    (B) Serves as a training center program manager or assistant 
training center program manager of a part 142 training center; or
    (C) Meets the qualifications of an assistant chief instructor, 
pursuant to Sec.  141.36(d).
    (vii) A part 141 pilot school or part 142 training center must 
issue a graduation certificate to each flight instructor who 
successfully completes the flight instructor enhanced qualification 
training program.

0
13. Revise Sec.  61.197 to read as follows:

[[Page 80052]]

Sec.  61.197  Recent experience requirements for flight instructor 
certification.

    (a) A person may exercise the privileges of the person's flight 
instructor certificate only if, within the preceding 24 calendar 
months, that person has satisfied one of the recent experience 
requirements specified in paragraph (b) of this section. The 24 
calendar month period during which the flight instructor must establish 
recent experience shall start from one of the following--
    (1) The month the FAA issued the flight instructor certificate;
    (2) The month the recent experience requirements of paragraph (b) 
of this section are accomplished; or
    (3) The last month of the flight instructor's current recent 
experience period provided the recent experience requirements of 
paragraph (b) of this section are accomplished within the 3 calendar 
months preceding the last month of the certificate holder's current 
recent experience period.
    (b) A person who holds a flight instructor certificate may 
establish recent experience by satisfying one of the following 
requirements--
    (1) Passing a practical test for--
    (i) One of the ratings listed on the flight instructor certificate; 
or
    (ii) An additional flight instructor rating; or
    (2) Satisfactorily completing one of the following recent 
experience requirements, and submitting documentation of such in a form 
and manner acceptable to the Administrator--
    (i) During the preceding 24 calendar months, the flight instructor 
has endorsed at least 5 applicants for a practical test for a 
certificate or rating and at least 80 percent of all applicants 
endorsed passed that test on the first attempt.
    (ii) 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 135 operation, or 
in a position involving the regular evaluation of pilots.
    (iii) 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) Within the preceding 24 calendar months from the month of 
application, the flight instructor passed an official U.S. Armed Forces 
military instructor pilot or pilot examiner proficiency check in an 
aircraft for which the military instructor already holds a rating or in 
an aircraft for an additional rating.
    (v) Within the preceding 24 calendar months from the month of 
application, the flight instructor has served as a flight instructor in 
an FAA-sponsored pilot proficiency program, provided the flight 
instructor meets the following requirements--
    (A) Holds a flight instructor certificate and meets the appropriate 
flight instructor recent experience requirements of this part;
    (B) Has satisfactorily completed at least one phase of an FAA-
sponsored pilot proficiency program in the preceding 12 calendar 
months; and
    (C) Has conducted at least 15 flight activities recognized under 
the FAA-sponsored pilot proficiency program, during which the flight 
instructor evaluated at least 5 different pilots and has made the 
necessary endorsements in the logbooks of each pilot for each activity.
    (c) Except as provided in paragraph (f) of this section, a person 
who fails to establish recent experience in accordance with paragraph 
(b) of this section during the 24 calendar month period specified in 
paragraph (a) of this section may not exercise flight instructor 
privileges until those privileges are reinstated in accordance with 
Sec.  61.199.
    (d) The practical test required by paragraph (b)(1) of this section 
may be accomplished in a full flight simulator or flight training 
device if the test is accomplished pursuant to an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (e) A person who holds an unexpired flight instructor certificate 
issued before December 1, 2024, may renew that certificate by 
establishing recent experience in accordance with paragraph (b) of this 
section prior to the month of expiration on that person's flight 
instructor certificate. Except as provided in Sec.  61.40, if that 
person fails to establish recent experience prior to the expiration of 
that person's flight instructor certificate, that person may not 
exercise flight instructor privileges until those privileges are 
reinstated in accordance with Sec.  61.199.
    (f) A person who qualifies for the relief prescribed in Sec.  61.40 
may establish recent experience in accordance with paragraph (b) of 
this section, provided the requirements of Sec.  61.40 are met.

0
14. Amend Sec.  61.199 by revising the section heading and paragraph 
(a), and removing paragraphs (c) and (d). The revisions read as 
follows:


Sec.  61.199  Reinstatement of flight instructor privileges.

    (a) Flight instructor privileges. The holder of a flight instructor 
certificate who has not complied with the flight instructor recent 
experience requirements of Sec.  61.197 may reinstate their flight 
instructor privileges by filing a completed and signed application with 
the FAA and satisfactorily completing one of the following 
reinstatement requirements:
    (1) If 3 calendar months or less have passed since the last month 
of the flight instructor's recent experience period, the flight 
instructor may successfully complete an approved flight instructor 
refresher course consisting of ground training or flight training, or a 
combination of both, or satisfy one of the requirements specified in 
paragraph (a)(2) of this section.
    (2) If more than 3 calendar months have passed since the last month 
of the flight instructor's recent experience period, the flight 
instructor must satisfactorily complete one of the following:
    (i) A flight instructor certification practical test, as prescribed 
by Sec.  61.183(h), for one of the ratings held on the flight 
instructor certificate; or
    (ii) A flight instructor certification practical test for an 
additional rating.
    (3) For military instructor pilots and pilot examiners, provide a 
record showing that, within the preceding 6 calendar months from the 
date of application for reinstatement, the person--
    (i) Passed a U.S. Armed Forces instructor pilot or pilot examiner 
proficiency check; or
    (ii) Completed a U.S. Armed Forces instructor pilot or pilot 
examiner training course and received an additional aircraft 
qualification as a military instructor pilot or pilot examiner that is 
appropriate to the flight instructor rating sought.
* * * * *

0
15. Revise Sec.  61.215 by adding paragraph (e) to read as follows:


Sec.  61.215  Ground instructor privileges.

* * * * *
    (e) Ground training provided to an initial applicant for a flight 
instructor certificate may only be provided by an authorized instructor 
in accordance with Sec.  61.195(h)(1).

0
16. Revise Sec.  61.425 to read as follows:


Sec.  61.425  How do I establish recent experience for my flight 
instructor certificate with a sport pilot rating?

    (a) If you hold a flight instructor certificate with a sport pilot 
rating issued after December 1, 2024, you must

[[Page 80053]]

establish recent experience in accordance with Sec.  61.197.
    (b) If you hold an unexpired flight instructor certificate with a 
sport pilot rating issued before December 1, 2024, you must renew your 
certificate by establishing recent experience in accordance with Sec.  
61.197 prior to the month of expiration on your flight instructor 
certificate. If you fail to establish recent experience prior to the 
expiration of your flight instructor certificate, you may not exercise 
flight instructor privileges until you reinstate those privileges in 
accordance with Sec.  61.427.

0
17. Revise Sec.  61.427 to read as follows:


Sec.  61.427  How do I reinstate my flight instructor privileges if I 
fail to establish recent experience for my flight instructor 
certificate with a sport pilot rating?

    If you fail to establish recent experience for your flight 
instructor certificate with a sport pilot rating, you must reinstate 
your flight instructor privileges by satisfactorily completing one of 
the following reinstatement requirements:
    (a) If 3 calendar months or less have passed since the last month 
of your recent experience period, you must successfully complete an 
approved flight instructor refresher course consisting of ground 
training or flight training, or a combination of both, or satisfy the 
requirements specified in paragraph (b) of this section.
    (b) If more than 3 calendar months have passed since the last month 
of the flight instructor's recent experience period, you must pass a 
practical test as prescribed in Sec.  61.405(b) or Sec.  61.183(h) for 
one of the ratings listed on your flight instructor certificate with a 
sport pilot rating. The FAA will reinstate any privilege authorized by 
that flight instructor certificate with a sport pilot rating.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
18. The authority citation for part 63 is revised to read as follows:

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

0
19. Amend Sec.  63.35 by revising paragraphs (c), (d)(1)(iii) and 
(d)(2), and adding paragraph (d)(3) to read as follows:


Sec.  63.35  Knowledge requirements.

* * * * *
    (c) Before taking the written tests prescribed in paragraphs (a) 
and (b) of this section, an applicant for a flight engineer certificate 
must present satisfactory evidence of having completed one of the 
experience requirements of Sec.  63.37. However, the applicant may take 
the written tests before acquiring the flight training required by 
Sec.  63.37.
    (d) * * *
    (1) * * *
    (iii) Meets the recurrent training requirements of the applicable 
part or, for mechanics, meets the recency of experience requirements of 
part 65 of this chapter;
    (2) Within the period ending 24 calendar months after the month in 
which the applicant passed the written test, the applicant participated 
in a flight engineer or maintenance training program of a U.S. 
scheduled military air transportation service and is currently 
participating in that program; or
    (3) An applicant is eligible to take a practical test for a flight 
engineer certificate or rating under this part with an expired written 
test report in accordance with Sec.  61.40 of this chapter.
* * * * *

0
20. Amend Sec.  63.53 by revising paragraph (b), and adding paragraph 
(c) to read as follows:


Sec.  63.53  Knowledge requirements.

* * * * *
    (b) A report of the test is mailed to the applicant. Except as 
provided in paragraph (c) of this section, a passing grade is evidence, 
for a period of 24 calendar months after the test, that the applicant 
has complied with this section.
    (c) An applicant is eligible to take a practical test for a flight 
navigator certificate under this part with an expired written test 
report in accordance with Sec.  61.40 of this chapter.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
21. The authority citation for part 65 is revised to read as follows:

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

0
22. Amend Sec.  65.55 by revising paragraph (b), and adding paragraph 
(c) to read as follows:


Sec.  65.55  Knowledge requirements.

* * * * *
    (b) Except as provided in paragraph (c) of this section, the 
applicant must present documentary evidence satisfactory to the 
Administrator of having passed an aircraft dispatcher knowledge test 
within the preceding 24 calendar months.
    (c) An applicant is eligible to take a practical test for an 
aircraft dispatcher certificate under this part with an expired written 
test report in accordance with Sec.  61.40 of this chapter.

0
23. Amend Sec.  65.71 by revising paragraphs (a)(4) and (b) to read as 
follows:


Sec.  65.71  Eligibility requirements: General.

    (a) * * *
    (4) Comply with the sections of this subpart that apply to the 
rating the applicant seeks.
    (b) A certificated mechanic who applies for an additional rating 
must meet the requirements of Sec.  65.77 and, within a period of 24 
calendar months, pass the tests prescribed by Sec. Sec.  65.75 and 
65.79 for the additional rating sought, except as provided in Sec.  
65.75(d).

0
24. Amend Sec.  65.75 by adding paragraph (d) to read as follows:


Sec.  65.75  Knowledge requirements.

* * * * *
    (d) An applicant is eligible to take a practical test for a 
mechanic certificate or rating under this part with an expired written 
test report in accordance with Sec.  61.40 of this chapter.

0
25. Amend Sec.  65.93 by revising paragraph (a) introductory text, and 
adding paragraph (d) to read as follows:


Sec.  65.93  Inspection authorization: Renewal.

    (a) Except as provided in paragraph (d) of this section, to be 
eligible for renewal of an inspection authorization for a 2-year period 
an applicant must present evidence during the month of March of each 
odd-numbered year, at the responsible Flight Standards office, that the 
applicant still meets the requirements of Sec.  65.91(c)(1) through 
(4). In addition, during the time the applicant held the inspection 
authorization, the applicant must show completion of one of the 
activities in paragraphs (a)(1) through (5) of this section by March 31 
of the first year of the 2-year inspection authorization period, and 
completion of one of the five activities during the second year of the 
2-year period:
* * * * *
    (d) A person who qualifies for the relief prescribed in Sec.  61.40 
of this chapter is eligible to renew an expired inspection 
authorization under this section, provided the requirements of Sec.  
61.40 of this chapter are met.

PART 141--PILOT SCHOOLS

0
26. The authority citation for part 141 is revised to read as follows:

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

[[Page 80054]]


0
27. Amend Sec.  141.11 by adding paragraph (b)(2)(ix) and paragraph 
(b)(4) to read as follows:


Sec.  141.11  Pilot school ratings.

* * * * *
    (b) * * *
    (2) * * *
    (ix) Flight instructor enhanced qualification training program.
* * * * *
    (4) Combined Private Pilot Certification and Instrument Rating 
Course. (Appendix M).

0
28. Amend appendix K to part 141 by:
0
a. Revising the paragraph heading of paragraph 4;
0
b. Revising paragraphs 4.(a) through (c); and
0
c. Adding paragraph 14.
    The revisions and addition read as follows:

Appendix K to Part 141--Special Preparation Courses

* * * * *
    4. Use of full flight simulators, flight training devices, or 
aviation training devices.
    (a) The approved special preparation course may include training in 
a full flight simulator or flight training device, provided it is 
representative of the aircraft for which the course is approved, meets 
requirements of this paragraph, and the training is given by an 
authorized instructor. A flight instructor enhanced qualification 
training program may include training in an advanced aviation training 
device in accordance with paragraph 14 of this appendix and Sec.  
61.195(h)(3)(v) of this chapter.
    (b) Except for the airline transport pilot certification program in 
paragraph 13 of this appendix and the flight instructor enhanced 
qualification training program in paragraph 14 of this appendix, 
training in a full flight simulator that meets the requirements of 
Sec.  141.41(a) may be credited for a maximum of 10 percent of the 
total flight training hour requirements of the approved course, or of 
this section, whichever is less.
    (c) Except for the airline transport pilot certification program in 
paragraph 13 of this appendix and the flight instructor enhanced 
qualification training program in paragraph 14 of this appendix, 
training in a flight training device that meets the requirements of 
Sec.  141.41(a), may be credited for a maximum of 5 percent of the 
total flight training hour requirements of the approved course, or of 
this section, whichever is less.
* * * * *
    14. Flight instructor enhanced qualification training program. An 
approved flight instructor enhanced qualification training program must 
include the ground and flight training specified in Sec.  61.195(h)(3) 
of this chapter. The FAA will not approve a course with fewer hours 
than those prescribed in Sec.  61.195(h)(3) of this chapter.
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a)(5), 
44703(a), and Sec. 820 of Public Law 118-63, 138 Stat. 1330 (49 U.S.C. 
44939 note) in Washington, DC.

Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-22018 Filed 9-30-24; 8:45 am]
BILLING CODE 4910-13-P


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