13788 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 121, 135, and 142

[Docket No. 26933; Amendment Nos. 61–

101, 121–263, 135–67, 142–1]

RIN 2120–AA83

Aircraft Flight Simulator Use in Pilot

Training, Testing, and Checking at

Training Centers; Editorial and Other

Changes

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment makes

minor revisions to correct editorial

errors. It also revises certain sections of

regulations published on July 2, 1996

(61 FR 34508), to make them consistent

with the intent expressed in the notice

and final rule. These amendments will

not impose any additional restrictions

on persons affected by these regulations.

This final rule implements new

regulations that contain certification

and operating rules for training centers

that will use aircraft flight simulators

and flight training devices for pilot

training, testing, and checking.

EFFECTIVE DATE: March 21, 1997.

FOR FURTHER INFORMATION CONTACT:

Warren Robbins, Airman Certification

Branch (AFS–840), General Aviation

and Commercial Division, Flight

Standards Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591,

Telephone (202) 267–3842.

SUPPLEMENTARY INFORMATION:

Background

On July 2, 1996, a final rule was

published that implements new

regulations containing certification and

operating rules for training centers that

will use aircraft flight simulators and

flight training devices for pilot training,

testing, and checking (61 FR 34508).

The training center concept is intended

to provide a common source for

standardized, quality training accessible

to any individual or corporate operator

and air carriers.

This rule, in part, amended parts 61,

121, and 135, and added a new part 142

to incorporate aircraft simulation use.

Minor editorial changes and minor

modifications need to be made to some

sections of these amended parts.

Discussion of the Amendments

Part 61

Section 61.4 Qualification and

approval of flight simulators and flight

training devices. This section is

amended by consolidating paragraphs

(a), (b), and (c) into a single paragraph

(a). Paragraph (b), as amended, adds

language that allows devices previously

referred to as ground trainers and pilot

trainers to continue to be used to meet

various requirements of §§ 61.56, 61.57,

61.65, and 61.29, to the extent of their

original approval. This was clearly the

intent expressed in the preamble to the

final rule.

It should be noted that, under revised

paragraph (b), only devices qualified

under Advisory Circular (AC) 61–66,

‘‘Annual Pilot in Command Proficiency

Checks’’ (superseded) may continue to

be used to satisfy requirements of

§ 61.56. All other such devices, to be

defined as Level 1 Flight Training

Devices in AC 120–45B, may be used

only for the purpose and number of

credited hours for which they had

received acceptance or approval for use

prior to August 2, 1996. Any such

device must be shown to function as

originally designed for the original

approval to be valid. To be used for a

different purpose or any additional

credit, each training device will have to

meet § 61.4(a) and the implementing

criteria in effect at the time.

Paragraph (c), as amended, adds

clarifying language consistent with the

FAA’s intent to allow, and continue to

allow, certain devices not qualified as a

flight simulator or a flight training

device to be used for specific training,

testing, or checking. Section 61.51 Pilot logbooks.

Paragraph (c)(2)(i) is revised to add

words indicating that when the pilot is

‘‘the sole occupant of the aircraft,’’ he or

she is the pilot in command of that

aircraft. Removal of this language was

not intended to preclude such a pilot

from logging this time as pilot in

command. This restores language that

appeared in the rule prior to

Amendment 61–100, to avoid

misinterpretation. Section 61.55 Second-in-command

qualifications. This section is amended

to correct an editorial error. Under

paragraph (b)(3) the words ‘‘the

requirements of this paragraph (b)(3)’’

are changed to read ‘‘the requirements

of paragraph (b)(2)’’ to provide the

correct reference.

Section 61.56 Flight Review. This

section is amended by redesignating

paragraph (e) as paragraph (d), and by

reinstating paragraph (e) as it was

amended by Amendment 61–93 (58 FR

405620, July 28, 1993), subsequent to

publication of the Notice of Proposed

Rulemaking (NPRM) that led to

Amendment 61–100. This amendment

aligns the paragraph numbers to agree

with the 1993 structure, and continues

the 1993 provision that a pilot who

completes in the same timeframe a

phase of the FAA-sponsored pilot

proficiency awards program (i.e.,

WINGS Program) in an aircraft need not

accomplish a biennial flight review.

Section 61.57 Recent flight

experience: Pilot in command. This

section currently requires that persons

pass an instrument competency test in

the category and class of aircraft

involved. This section is amended to

debate the words ‘‘and class’’ which

were inadvertently inserted in

paragraph (e)(2) in the NPRM. Although

the addition of ‘‘and class’’ may be

appropriate in other provisions, the

FAA did not intend to propose that the

instrument competency check be taken

in specific class of aircraft. Instrument

operations with various classes of the

same category are not sufficiently

distinct to warrant separate tests for

each class.

Section 61.64 Additional aircraft

ratings for other than airline transport

pilot certificates (for other than parts

121 and 135 use). This section is

amended by revising paragraph (b)(2),

deleting paragraph (c)(2), and

renumbering paragraph (c)(3) as

paragraph (c)(2). Paragraph (b)(2), as

revised, will reinstate the provision that

the holder of a category rating for a

powered aircraft will not have to take a

knowledge test for an additional

category rating. Paragraph (c)(2)

incorrectly required applicants for an

added class rating to take a knowledge

test. These revisions correct language

that was used in the NPRM and

Amendment 61–100, although there was

no intention to propose a change in the

prior rule. An additional knowledge test

is unnecessary for adding a category or

class rating. Where one powered

category rating is already held, the

practical test is sufficient to test any

additional theoretical knowledge that

the pilot may need for the new category

or class. Section 61.64(e)(10) is

amended to revise the reference to

paragraph (e)(9) to read ‘‘paragraph

(e)(9)(ii),’’ since paragraph (10) refers

only to paragraph (e)(9)(ii).

Section 61.65 Instrumental rating

requirements. Paragraph (g)(1) is revised

to delete the word ‘‘any.’’ This word

was erroneously added in § 61.65(g)(1)

prior to the phrase ‘‘category, class, and

type aircraft that is certified for flight in

instrument conditions.’’ Allowing the

use of any category, class, and type of

aircraft during the practical test (e.g., a

helicopter being used for an airplane

instrument rating practical test) would

not adequately establish the applicant’s

qualifications.

Further under paragraph (g)(1), the

phrase ‘‘that is certified for flight in
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations 13789

instrument conditions’’ should not have

been added. This wording

unintentionally precludes practical

testing in some aircraft that may not be

certified for flight into instrument

meteorological conditions but which

may be operated under instrument flight

rules in visual meteorological

conditions (i.e., the flight is not

conducted in weather conditions that

are less than minimums required for

visual flight rules). Therefore, this

wording has been deleted.

Under paragraph (g)(2) the words

‘‘required by this paragraph (g)(2)’’ are

not needed and are therefore deleted.

Section 61.109 Airplane rating:

Aeronautical experience. This section is

amended to correct an editorial error. A

typographical error that occurred when

this final rule was printed rendered

paragraph (f) as paragraph (h).

Therefore, paragraph (h) should be

redesignated as paragraph (f).

Section 61.129 Airplane rating:

Aeronautical experience. Paragraph (b)

is revised to correct an error in

formatting that raised confusion as to

whether the aeronautical experience

provision of 100 hours of pilot time in

an airplane and the provisions that

break down that aeronautical experience

requirement had been removed. Such a

revision was not proposed and was

never intended. This experience is

necessary to ensure that the U.S.

commercial pilot certificate meets

International Civil Aviation

Organization (ICAO) standards. The

amended paragraph (b) avoids any

confusion.

Section 61.157 Airplane rating:

Aeronautical skill (for parts 121 and 135

use only). Paragraph (g) is revised to

clarify that completion of an air carrier

pilot-in-command proficiency check

satisfies the requirement for

demonstration of aeronautical skill only

when the check is evaluated by a

designated examiner or FAA inspector,

and only when the check includes all

maneuvers and procedures which are

required for the original type rating.

This has been the FAA’s long standing

interpretation of similar language in the

flush paragraph which appears at the

end of § 121.441(a), which states ‘‘The

satisfactory completion of a type rating

flight check under § 61.157 of this

chapter satisfies the requirement for a

proficiency check.’’ The intent, that a

pilot-in-command proficiency check

under these conditions satisfies the

demonstration of aeronautical skill for a

type rating, should be stated under

§ 61.157(g), not in § 121.441. Therefore,

this action will also amend § 121.441 to

delete that redundant flush paragraph.

Section 61.197 Renewal of flight

instructor certificates. Paragraph (b) is

revised to reinstate Amendment 61–95

(59 FR 17644, April 13, 1994) that

eliminated the requirement for 24 hours

of ground and flight training for a flight

instructor refresher clinic. The 24 hour

requirement had been erroneously

reinserted by Amendment 61–100 (61

FR 34508). The revised paragraph will

also allow any authorized Flight

Standards Inspector to renew a flight

instructor certificate. The paragraph is

also revised to state that an applicant

who is an instructor or evaluator of a

part 142 Training Center may renew a

flight instructor certificate, without the

applicant accomplishing a practical test.

This addition makes explicit one kind of

‘‘comparable position involving the

regular evaluation of pilots.’’ Further,

language has been added to this section

explicitly stating that application for

renewal must be made prior to the

expiration date of a current flight

instructor certificate. This always has

been implied by this section.

Parts 121 and 135

Section 121.402 Training program:

Special rules. Paragraph (a) of this

section is amended by adding the word

‘‘flight’’ before ‘‘training, testing, and

checking.’’ Paragraph (a) was not

intended to require specialized training

(e.g., hazardous materials training and

maintenance technician training) to be

done by another certificate holder or a

part 142 Training Center.

Section 121.431 Applicability.

Paragraph (a)(2) is revised to change the

reference from ‘‘§§ 121.411 and

121.413’’ to ‘‘§§ 121.414.’’ Also,

§ 135.324 (Training Program: Special

Rules) is amended by revising paragraph

(b)(4) to change the reference from

‘‘§§ 135.337 or 135.339’’ to ‘‘§§ 135.337

through 135.340.’’ These two sections

need to be amended in order to be

consistent with the June 17, 1996

Amendment Nos. 121–257 and 135–64

(61 FR 30734) that added new sections

to parts 121 and 135 regarding

qualifications, and initial and transition

training and checking requirements for

flight instructors.

Part 142

Section 142.11 Application for

issuance or amendment. This section is

amended by deleting paragraph (e)(4)

and redesignating paragraph (e)(5) as

paragraph (e)(4). Paragraph (e)(4), as

adopted, referred to § 142.21; however,

because § 142.21 was a reserved section,

reference made to it under § 142.11 is

erroneous.

Section 142.53 Training Center

instructor training and testing

requirements. This section is amended

by inserting in paragraph (a)(7)(ii) the

words ‘‘ of a representative segment of

each curriculum’’ This insertion is

needed to preclude confusion that might

result from an interpretation that

instructor testing must include all

maneuvers, in apparent contradiction

with paragraph (a)(1), which specifies

that only a representative segment of

each curriculum must be checked.

Federalism Implications

The regulations do not have

substantial direct effects on the states,

on the relationship between the national

government and the states, or on the

distribution of power and

responsibilities among various levels of

government. Thus, in accordance with

Executive Order 12612, it is determined

that such a regulation does not have

federalism implications warranting the

preparation of a Federalism Assessment.

Paperwork Reduction Act

The information collection

requirements associated with this rule

have already been approved. There are

no further paperwork requirements

associated with this correction.

Good Cause Justification for Immediate

Adoption

This amendment is needed to make

editorial corrections and minor

clarifying revisions. Because the

amendment is editorial in nature and

would impose no additional burden on

the public, I find that notice and

opportunity for public comment before

adopting this amendment is

unnecessary, and that good cause exists

for making this amendment effective in

less than 30 days.

Conclusion

The FAA has determined that this

regulation imposes no additional

burden on any person. Accordingly, it

has been determined that the action: (1)

Is not a significant rule under Executive

Order 12866; and (2) is not a significant

rule under Department of

Transportation Regulatory Policy and

Procedures (44 FR 111034, February 26,

1979). Also, because this regulation is

editorial in nature, no impact is

expected to result, and a full regulatory

evaluation is not required. In addition,

the FAA certifies that the rule will not

have a significant economic impact,

positive or negative, on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects

14 CFR Part 61

Aircraft, Airmen.
13790 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations

14 CFR Part 121

Air Carriers, Aircraft Airmen,

Aviation safety, Charter flights.

14 CFR Part 135

Air Taxis, Aircraft, Airmen, Aviation

safety.

14 CFR Part 142

Administrative practice and

procedure, Aircraft, Airmen, Drug

testing, Educational facilities, Reporting

and recordkeeping requirements.

The Amendments

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR Part 61, 121, 135, and

142 as follows:

PART 61—CERTIFICATION: PILOTS

AND FLIGHT INSTRUCTORS

1. The authority citation for part 61

continues to read as follows:

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

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

45301–45302.

2. Section 61.4 is revised to read as

follows:

§ 61.4 Qualification and approval of flight

simulators and flight training devices.

(a) Except as provided in paragraphs

(b) and (c) of this section, each flight

simulator and each flight training

device, for which any airman is to

receive credit for use in satisfying any

training, testing, or checking

requirement under this chapter, must be

qualified and approved by the

Administrator for—

(1) The training, testing, and checking

for which it is used;

(2) Each maneuver, procedure, or

crewmember function performed; and

(3) The representation of the specific

category and class of aircraft, type

aircraft, and particular variation within

type of aircraft, or set of aircraft in the

case of some flight training devices.

(b) Any device found acceptable to, or

approved by, the Administrator prior to

August 2, 1996, which can be shown to

function as originally designed, may be

used for the same purposes for which it

was originally accepted or approved and

to the extent of such acceptance or

approval only.

(c) The Administrator may, from time

to time, approve devices other than

flight training devices or flight

simulators for specific purposes.

3. Section 61.51 is amended by

redesignating (c)(2)(i)(B) as paragraph

(c)(2)(i)(C) and adding a new paragraph

(c)(2)(i)(B) to read as follows:

§ 61.51 Pilot logbooks.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(B) The sole occupant of the aircraft;

or

* * * * *

4. Section 61.55 is amended by

revising paragraph (b)(3) to read as

follows:

§ 61.55 Second-in-command

qualifications.

* * * * *

(b) * * *

(3) Except as provided in paragraph

(b)(4) of this section, the requirements of

paragraph (b)(2) of this section may be

accomplished in a flight simulator that

is—

* * * * *

5. Section 61.56 is amended by

removing paragraph (d), revising

paragraph (e) and redesignating it as

paragraph (d) and by adding new

paragraph (e) to read as follows:

§ 61.56 Flight review.

* * * * *

(d) An applicant who has, within the

period specified in paragraph (c) of this

section, satisfactory completed a test for

a pilot certificate, rating, operating

privilege, or a pilot proficiency check

need not accomplish the flight review

required by this section if the test was

conducted by a person authorized by

the Administrator, or authorized by a

U.S. Armed Force to conduct the test.

(e) A person who has, within the

period specified in paragraph (c) of this

section, satisfactorily completed one or

more phases of an FAA-sponsored pilot

proficiency award program in an aircraft

need not accomplish the flight review

required by this section.

* * * * *

6. Section 61.57 is amended by

revising paragraph (e)(2) to read as

follows:

§ 61.57 Recent flight experience: Pilot in

command.

* * * * *

(e) * * *

(2) A person who does not meet the

recent instrument experience

requirements of paragraph (e)(1) of this

section during the prescribed time, or

within 6 calendar months thereafter,

may not serve as pilot in command

under IFR, or in weather conditions less

than the minimums prescribed in VFR,

until that person passes an instrument

competency test in the category of

aircraft involved, given by a person

authorized by the Administrator to

conduct the test.

* * * * *

7. Section 61.64 is amended by

revising paragraphs (b)(2), (c)(2), and

(e)(10) to read as follows:

§ 61.64 Additional aircraft ratings for other

than airline transport pilot certificates (for

other than parts 121 and 135 use).

* * * * *

(b) * * *

(2) Unless the applicant holds a

category rating for a powered aircraft,

pass the knowledge test applicable to

the pilot certificate and aircraft category

and class rating sought, and;

* * * * *

(c) * * *

(2) Pass the practical test required for

the pilot certificate held, and required

for the category and class rating sought.

* * * * *

(e) * * *

(10) An applicant meeting only the

requirements of paragraph (3)(9)(ii) of

this section will be issued an added

rating with a limitation.

* * * * *

8. Section 61.65 is amended by

revising paragraphs (g)(1) and (g)(2) to

read as follows:

§ 61.65 Instrument rating requirements.

* * * * *

(g) * * *

(1) The flight increment may be

accomplished in the category, class, and

type of aircraft, as appropriate to the

instrument rating sought, or in a

qualified and approved flight simulator

or qualified and approved flight training

device.

(2) The practical test must include

instrument flight procedures, selected

by the person authorized by the

Administrator to conduct the practical

test, to determine the applicant’s ability

to perform competently the IFR

operations described in paragraph (c) of

this section.

* * * * *

9. Section 61.109 is amended by

redesignating paragraph (h) as

paragraph (f).

10. Section 61.129 is amended by

revising paragraph (b) to read as follows:

§ 61.129 Airplane rating: Aeronautical

experience.

* * * * *

(b) Flight time as a pilot. Except as

provided in paragraph (c) of this

section, and applicant for a commercial

pilot certificate with an airplane rating

must have at least the following

aeronautical experience.

(1) A total of a least 250 hours of flight

time as a pilot that includes at least 100

hours in powered aircraft including at

least—

(i) Fifty hours in an airplane;
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations 13791

(ii) Ten hours of light instruction and

practice given by an authorized flight

instructor in airplane having a

retractable landing gear, flaps, and a

controllable pitch propeller; and

(iii) Fifty hours of flight instruction

given by an authorized instructor that

includes at least 10 hours of instrument

instruction of which at least 5 hours

must be in flight in airplanes, and 10

hours of instruction in preparation for

the commercial pilot practical test.

(2) The 250 hours of aeronautical

experience of paragraph (b)(1) of this

section may include not more than—

(i) Except as provided in paragraph

(b)(2)(ii) of this section, 50 hours of

instruction in a flight simulator or flight

training device, if it was receiving from

an authorized instructor; or

(ii) 100 hours of instruction in a flight

simulator or flight training device, if it

was received from an authorized

instructor in an approved course

conducted by a training center

certificated under part 142 of this

chapter.

* * * * *

11. Section 61.157 is amended by

revising paragraph (g) to read as follows:

§ 61.157 Airplane rating: Aeronautical skill

(for parts 121 and 135 use only).

* * * * *

(g) Successful completion of a pilotin-command proficiency or competency

check satisfies the requirements of this

section for the appropriate aircraft rating

if that check—

(1) Complies with

(i) Section 121.441 of this chapter; or

(ii) The competency check

requirements of § 135.293 of this

chapter and § 135.297 of this chapter:

and

(2) Includes all maneuvers and

procedures required for award of an

original type rating and is evaluated by

a person designated by the

Administrator or an FAA inspector.

12. Section 61.197 is amended by

revising paragraph (b) to read as follows:

§ 61.197 Renewal of flight instructor

certificates.

* * * * *

(b) A person who holds a current

flight instructor certificate may renew

that certificate and its ratings without

accomplishing a practical test if that

person makes application to an

authorized FAA Flight Standards

Inspector prior to its expiration and

provided the following items are

submitted.

(1) A record that shows that the

applicant has satisfactory knowledge of

pilot training, certification, and

standards, and shows that, within the

past 24 calendar months, the applicant

has served—

(i) As a company check pilot;

(ii) As a chief flight instructor or

assistant chief flight instructor;

(iii) As a company check airman or

flight instructor in a part 121 or part 135

air carrier operation;

(iv) As an instructor or evaluator in a

part 142 Training Center; or

(v) In a comparable position involving

the regular evaluation of pilots.

(2) A graduation certificate from an

approved flight instructor refresher

course, consisting of ground training or

flight training, or both.

* * * * *

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

13. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119,

44101, 44701–44702, 44705, 44709–44711,

44713, 44716–44717, 44722, 44901, 44903–

44904, 44912, 46105.

§ 121.402 [Amended]

14. Section 121.402 is amended by

adding the word ‘‘flight’’ before

‘‘training’’ in paragraph (a).

15. Section 121.431 is amended by

revising paragraph (a)(2) to read as

follows:

§ 121.431 Applicability.

(a) * * *

(2) Permits training center personnel

authorized under part 142 of this

chapter who meet the requirements of

§§ 121.411 through 121.414 to provide

training, testing, and checking under

contract or other arrangement to those

persons subject to the requirements of

this subpart.

* * * * *

§ 121.441 [Amended]

16. Section 121.441 is amended by

removing the following undesignated

paragraph at the end of paragraph

(a)(2)(ii): ‘‘The satisfactory completion

of a type rating flight check under

§ 61.157 of this chapter satisfies the

requirement for a proficiency check.’’

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON DEMAND OPERATIONS

7. The authority citation for part 135

continues to read as follows:

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

44702, 44705, 44709, 44711–44713, 44715–

44717, 44722.

18. Section 135.324 is amended by

revising paragraph (b)(4) to read as

follows:

§ 135.324 Training program: Special Rules.

* * * * *

(b) * * *

(4) Has sufficient instructor and check

airmen qualified under the applicable

requirements of §§ 135.337 through

135.340 to provide training, testing, and

checking to persons subject to the

requirements of this subpart.

PART 142—TRAINING CENTERS

19. The authority citation for part 142

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119,

44101, 44701–44703, 44705, 44707, 44709–

44711, 45102–45103, 45301–45302.

§ 142.11 [Amended]

20. Section 142.11 is amended by

removing paragraph (e)(4) and

redesignating paragraph (e)(5) as

paragraph (e)(4).

21. Section 142.53 is amended by

revising paragraph (a)(7)(ii) to read:

§ 142.53 Training Center instructor

training and testing requirements.

(a) * * *

(7) * * *

(ii) On the subject matter and

maneuvers of a representative segment

of each curriculum for which the

instructor will be instructing.

* * * * *

Issued in Washington, DC on March 18,

1997.

Barry L. Valentine,

Acting Administrator.

[FR Doc. 97–7322 Filed 3–19–97; 1:11 p.m.]

BILLING CODE 4910–13–M