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[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78141-78144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32333]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2006-26661; Amdt. No. 61-129]
RIN 2120-AI86

Pilot, Flight Instructor, and Pilot School Certification; 
Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is correcting a final rule published on August 21, 
2009 (74 FR 42500). In that rule, the FAA amended its regulations to 
revise the training, qualification, certification, and operating 
requirements for pilots, flight instructors, ground instructors, and 
pilot schools. This document corrects an error in the codified text of 
that document to permit a person serving as an examiner and 
administering a practical test for the issuance of a sport pilot 
certificate in a light-sport aircraft other than a glider or balloon to 
hold either a medical certificate or a U.S. driver's license. The FAA 
is also clarifying the regulatory text related to when an instrument 
proficiency check is required to act as pilot in command under IFR or 
in weather conditions less than the minimums prescribed for VFR. 
Finally, this document corrects one section of the final rule to 
clarify the FAA's original intent with regard to the use of flight 
simulation training devices for training and testing when seeking to 
add a type rating to an existing pilot certificate or obtain a type 
rating concurrently with a pilot certificate.

DATES: Effective December 16, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Jeffrey Smith, Airmen Certification and Training 
Branch, AFS-810, General Aviation and Commercial Division, Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 493-4789; email to 
jeffrey.smith@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 2009, the FAA published a final rule entitled, 
``Pilot, Flight Instructor, and Pilot School Certification'' (74 FR 
42500). That final rule revised the training, qualification, 
certification, and operating requirements for pilots, flight 
instructors, ground instructors, and pilot schools. The FAA is now 
issuing a technical amendment to correct an error in Sec.  61.23 and to 
clarify the original intent of Sec.  61.64.

Discussion of Technical Amendment to Sec.  61.23

    As part of the 2009 final rule, the FAA revised Sec.  61.23 to set 
forth the medical certification requirements for persons serving as 
examiners and administering practical tests. As modified in the final 
rule, the current text of that section requires an examiner 
administering a practical test in an aircraft, other than a glider or 
balloon, to hold at least a third-class medical certificate.
    During the rulemaking process, the FAA received a comment stating 
that examiners administering practical tests to applicants for a sport 
pilot certificate should not be required to hold a medical certificate. 
These tests--particularly those conducted in powered parachutes and 
weight-shift-control aircraft--are frequently conducted by examiners 
who hold only a sport pilot certificate. A person exercising the 
privileges of a sport pilot certificate may hold either a medical 
certificate or a U.S. driver's license to exercise those privileges. 
Although the preamble to the final rule acknowledged the comment, the 
regulatory text did not address the issue raised by the comment.
    Although an examiner is generally not the pilot in command of an 
aircraft during a practical test, an examiner may, on occasion, need to 
act as pilot in command of an aircraft during the course of a practical 
test. Accordingly, the FAA believes that an examiner must meet the 
appropriate medical certification requirements to act as pilot in 
command of the aircraft in which the test is being conducted should the 
need arise. An examiner conducting a practical test for a sport pilot 
certificate in a light-sport aircraft other than a glider or balloon 
would therefore only need to hold either a medical certificate or a 
U.S. driver's license.
    The technical amendment will revise Sec.  61.23(c) to permit a 
person to serve as an examiner and administer a practical test for the 
issuance of a sport pilot certificate in a light-sport aircraft other

[[Page 78142]]

than a glider or balloon if that person holds and possesses either a 
medical certificate issued under part 67 or a U.S. driver's license.

Discussion of Technical Amendment to Sec.  61.57(d)

    Section 61.57(c) sets forth the instrument recent flight experience 
requirements for a pilot to act as pilot in command under IFR or in 
weather conditions less than the minimums prescribed for VFR. Under 
that provision, a pilot must have performed and logged certain tasks 
and maneuvers within six calendar months preceding the month of the 
flight on which the pilot intends to serve as pilot in command. Section 
61.57(d) sets forth the time when a pilot who does not meet the 
instrument recent experience requirements of paragraph (c) must 
accomplish an instrument proficiency check (IPC) before serving as 
pilot in command under IFR or in weather conditions less than the 
minimums prescribed for VFR.
    In the 2009 final rule, the FAA modified the language in Sec.  
61.57(d) to remove confusing language (``within the prescribed time, or 
within 6 calendar months after the prescribed time'') and replaced it 
with language that a pilot must perform the instrument recent flight 
experience within a period of 12 months to avoid having to accomplish 
an IPC. The FAA acknowledges that the language as modified allows for 
interpretations inconsistent with the intent of the rule and contrary 
to the manner the rule has been historically applied.
    In this technical amendment, the FAA is revising the language in 
paragraph (d) to clarify the intent of the rule. The revised language 
makes it clear that a pilot who has failed to maintain instrument 
currency for more than six calendar months may not serve as pilot in 
command under IFR or in weather conditions less than the minimums 
prescribed for VFR until completing an instrument proficiency check. A 
pilot whose instrument currency has been lapsed for less than six 
months may continue to reestablish instrument currency by performing 
the tasks and maneuvers required in paragraph (c).

Discussion of Technical Amendment to Sec.  61.64

    Prior to issuance of the 2009 final rule, 14 CFR 61.63(e), (f), and 
(g) set forth the requirements for the use of flight simulators and 
flight training devices for a pilot seeking to add ratings to an 
existing pilot certificate other than the airline transport pilot 
certificate. Under former Sec.  61.63(e), (f), and (g), any pilot who 
completed ``all training and testing requirements'' in a flight 
simulator for an additional rating on an existing pilot certificate 
other than an airline transport pilot certificate had to have specific 
flight experience (e.g., hold a type rating for a turbojet airplane of 
the same class of airplane for which the type rating is sought) to 
avoid having to fulfill a supervised operating experience requirement 
before acting as pilot in command of the aircraft for which the 
additional rating was sought.
    The requirements for the use of flight simulators and flight 
training devices for obtaining an airline transport pilot certificate 
with a type rating or adding a type rating to an existing airline 
transport pilot certificate were covered by 14 CFR 61.157(g), (h), and 
(i). Under former Sec.  61.157(h), (i) and (j), any pilot who completed 
``all of the training and the required practical test'' in a flight 
simulator for a type rating on an airline transport pilot certificate 
had to have the same prior flight experience listed in former Sec.  
61.63 to avoid having to fulfill a supervised operating experience 
requirement before acting as pilot in command in the aircraft for which 
the type rating was sought.
    In 2007, the FAA proposed to consolidate the requirements of 
Sec. Sec.  61.63(e), (f), and (g) and 61.157(g), (h), and (i) into new 
Sec.  61.64 (72 FR 5806; February 7, 2007). In the preamble to the 
final rule, the FAA stated that in consolidating these sections ``[n]o 
substantive changes had been made'' (74 FR 42500 and 74 FR 42522). One 
commenter objected because, as consolidated in Sec.  61.64, a pilot 
would be required to meet one of the experience prerequisites if any 
portion of the practical test for a type rating was completed in a 
flight simulator. The commenter noted that this requirement differed 
from the existing rule which required a pilot to meet one of the 
experience prerequisites only if he or she completed the entire 
practical test in a simulator. Two months after the final rule was 
published, the FAA issued a technical correction that made several 
changes to Sec.  61.64. 74 FR 53643 (Oct. 20, 2009). The correction did 
not affect the language identified by the commenter that could be 
construed as requiring a pilot to meet one of the experience 
prerequisites if a simulator was used for any portion of the practical 
test.
    Although the FAA stated in the 2009 final rule that no substantive 
changes were being made in consolidating the requirements in Sec. Sec.  
61.63 and 61.157, the language of the consolidation resulted in 
apparent changes to the requirements for using flight simulation 
training devices (FSTD) to train and test for an additional rating on 
an existing pilot certificate. The consolidation of the two provisions 
into Sec.  61.64 could be read to expand the number of pilots who would 
be subject to the supervised operating limitation because the 
regulatory text as written applies to a pilot who completes any 
training or testing in flight simulators to meet one of the listed 
experience requirements or receive a limitation. This result was not 
the FAA's intention in consolidating the provisions. The FAA, 
therefore, is modifying Sec.  61.64 to reflect that a supervised 
operating limitation must be placed on a pilot certificate if the pilot 
applying for the rating uses a flight simulator for the entire 
practical test and fails to meet one of the listed flight experience 
requirements.
    In making the changes to Sec.  61.64, the FAA emphasizes that 
Sec. Sec.  61.63 and 61.157 continue to set forth the training 
requirements for additional ratings and type ratings. Section 61.64 
merely details the use of FSTD in training and testing for those 
ratings. We note that, if Sec.  61.63 requires a pilot to meet the 
training requirements of another section, for example Sec.  61.129 
(commercial pilot), then the FSTD limitations set forth in Sec.  61.129 
will apply to that training and the pilot will not be able to train and 
test completely through simulation. In addition, pilots who train under 
the aeronautical experience requirements that limit the use of 
simulation for training (e.g., Sec.  61.129; part 141 appendices) will 
continue to have the option of accomplishing a segmented practical test 
(see 14 CFR 61.39(d); 14 CFR 61.45(a); and FAA Order 8900.1, Vol. 5, 
Chapter 1, Section 4).
    This technical amendment also makes several clarifying changes to 
Sec.  61.64, including (1) reinserting the language ``except preflight 
inspection'' to the provisions related to the requirement that the 
entire practical test take place in a Level C or higher flight 
simulator if an aircraft is not used, (2) modifying the language of the 
limitation, (3) rewording the language in paragraph (g) related to the 
manner in which the supervised operating experience must be obtained, 
and (4) clarifying the language in paragraph (g) related to the means 
by which the supervised operating limitation may be removed from a 
pilot certificate. The FAA has also made a conforming change to the 
applicability provision in Sec.  61.61.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Recreation and recreation areas, Reporting and

[[Page 78143]]

recordkeeping requirements, Security measure and Teachers.

The Amendment

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

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

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

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

0
2. Amend Sec.  61.23 by revising paragraph (c) to read as follows:

Sec.  61.23  Medical Certificates: Requirements and duration.

* * * * *
    (c) Operations requiring either a medical certificate or U.S. 
driver's license. (1) A person must hold and possess either a medical 
certificate issued under part 67 of this chapter or a U.S. driver's 
license when--
    (i) Exercising the privileges of a student pilot certificate while 
seeking sport pilot privileges in a light-sport aircraft other than a 
glider or balloon;
    (ii) Exercising the privileges of a sport pilot certificate in a 
light-sport aircraft other than a glider or balloon;
    (iii) Exercising the privileges of a flight instructor certificate 
with a sport pilot rating while acting as pilot in command or serving 
as a required flight crewmember of a light-sport aircraft other than a 
glider or balloon; or
    (iv) Serving as an Examiner and administering a practical test for 
the issuance of a sport pilot certificate in a light-sport aircraft 
other than a glider or balloon.
* * * * *

0
3. Amend Sec.  61.57 by revising paragraph (d) introductory text to 
read as follows:

Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (d) Instrument proficiency check. Except as provided in paragraph 
(e) of this section, a person who has failed to meet the instrument 
experience requirements of paragraph (c) for more than six calendar 
months may reestablish instrument currency only by completing an 
instrument proficiency check. The instrument proficiency check must 
consist of the areas of operation and instrument tasks required in the 
instrument rating practical test standards.
* * * * *

0
4. Revise Sec.  61.61 to read as follows:

Sec.  61.61  Applicability.

    This subpart prescribes the requirements for the issuance of 
additional aircraft ratings after a pilot certificate is issued, 
issuance of a type rating concurrently with a pilot certificate, and 
the requirements for and limitations of pilot authorizations issued by 
the Administrator.

0
5. Revise Sec.  61.64 to read as follows:

Sec.  61.64  Use of a flight simulator and flight training device.

    (a) Use of a flight simulator or flight training device. If an 
applicant for a certificate or rating uses a flight simulator or flight 
training device for training or any portion of the practical test, the 
flight simulator and flight training device--
    (1) Must represent the category, class, and type (if a type rating 
is applicable) for the rating sought; and
    (2) Must be qualified and approved by the Administrator and used in 
accordance with an approved course of training under part 141 or part 
142 of this chapter; or under part 121 or part 135 of this chapter, 
provided the applicant is a pilot employee of that air carrier 
operator.
    (b) Except as provided in paragraph (f) of this section, if an 
airplane is not used during the practical test for a type rating for a 
turbojet airplane (except for preflight inspection), an applicant must 
accomplish the entire practical test in a Level C or higher flight 
simulator and the applicant must--
    (1) Hold a type rating in a turbojet airplane of the same class of 
airplane for which the type rating is sought, and that type rating may 
not contain a supervised operating experience limitation;
    (2) Have 1,000 hours of flight time in two different turbojet 
airplanes of the same class of airplane for which the type rating is 
sought;
    (3) Have been appointed by the U.S. Armed Forces as pilot in 
command in a turbojet airplane of the same class of airplane for which 
the type rating is sought;
    (4) Have 500 hours of flight time in the same type of airplane for 
which the type rating is sought; or
    (5) Have logged at least 2,000 hours of flight time, of which 500 
hours were in turbine-powered airplanes of the same class of airplane 
for which the type rating is sought.
    (c) Except as provided in paragraph (f) of this section, if an 
airplane is not used during the practical test for a type rating for a 
turbo-propeller airplane (except for preflight inspection), an 
applicant must accomplish the entire practical test in a Level C or 
higher flight simulator and the applicant must--
    (1) Hold a type rating in a turbo-propeller airplane of the same 
class of airplane for which the type rating is sought, and that type 
rating may not contain a supervised operating experience limitation;
    (2) Have 1,000 hours of flight time in two different turbo-
propeller airplanes of the same class of airplane for which the type 
rating is sought;
    (3) Have been appointed by the U.S. Armed Forces as pilot in 
command in a turbo-propeller airplane of the same class of airplane for 
which the type rating is sought;
    (4) Have 500 hours of flight time in the same type of airplane for 
which the type rating is sought; or
    (5) Have logged at least 2,000 hours of flight time, of which 500 
hours were in turbine-powered airplanes of the same class of airplane 
for which the type rating is sought.
    (d) Except as provided in paragraph (f) of this section, if a 
helicopter is not used during the practical test for a type rating in a 
helicopter (except for preflight inspection), an applicant must 
accomplish the entire practical test in a Level C or higher flight 
simulator and the applicant must meet one of the following 
requirements--
    (1) Hold a type rating in a helicopter and that type rating may not 
contain the supervised operating experience limitation;
    (2) Have been appointed by the U.S. Armed Forces as pilot in 
command of a helicopter;
    (3) Have 500 hours of flight time in the type of helicopter; or
    (4) Have 1,000 hours of flight time in two different types of 
helicopters.
    (e) Except as provided in paragraph (f) of this section, if a 
powered-lift is not used during the practical test for a type rating in 
a powered-lift (except for preflight inspection), an applicant must 
accomplish the entire practical test in a Level C or higher flight 
simulator and the applicant must meet one of the following 
requirements--
    (1) Hold a type rating in a powered-lift without a supervised 
operating experience limitation;
    (2) Have been appointed by the U.S. Armed Forces as pilot in 
command of a powered-lift;
    (3) Have 500 hours of flight time in the type of powered-lift for 
which the rating is sought; or
    (4) Have 1,000 hours of flight time in two different types of 
powered-lifts.

[[Page 78144]]

    (f) If the applicant does not meet one of the experience 
requirements of paragraphs (b)(1) through (5), (c)(1) through (5), 
(d)(1) through (4) or (e)(1) through (4) of this section, as 
appropriate to the type rating sought, then--
    (1) The applicant must complete the following tasks on the 
practical test in an aircraft appropriate to category, class, and type 
for the rating sought: Preflight inspection, normal takeoff, normal 
instrument landing system approach, missed approach, and normal 
landing; or
    (2) The applicant's pilot certificate will be issued with a 
limitation that states: ``The [name of the additional type rating] is 
subject to pilot in command limitations,'' and the applicant is 
restricted from serving as pilot in command in an aircraft of that 
type.
    (g) The limitation described under paragraph (f)(2) of this section 
may be removed from the pilot certificate if the applicant complies 
with the following--
    (1) Performs 25 hours of flight time in an aircraft of the 
category, class, and type for which the limitation applies under the 
direct observation of the pilot in command who holds a category, class, 
and type rating, without limitations, for the aircraft;
    (2) Logs each flight and the pilot in command who observed the 
flight attests in writing to each flight;
    (3) Obtains the flight time while performing the duties of pilot in 
command; and
    (4) Presents evidence of the supervised operating experience to any 
Examiner or FAA Flight Standards District Office to have the limitation 
removed.

    Issued in Washington, DC, on December 6, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-32333 Filed 12-15-11; 8:45 am]
BILLING CODE 4910-13-P
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