[Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
[Rules and Regulations]
[Pages 13788-13791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7322]



[[Page 13787]]

_______________________________________________________________________

Part VI





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR parts 61, et al.



Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking 
at Training Centers; Final Rule

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

[[Page 13788]]



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 Secs. 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 Sec. 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 Sec. 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 
Sec. 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

[[Page 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 Sec. 121.441(a), which states ``The satisfactory 
completion of a type rating flight check under Sec. 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 Sec. 61.157(g), not in Sec. 121.441. 
Therefore, this action will also amend Sec. 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 ``Secs. 121.411 and 121.413'' to 
``Secs. 121.414.'' Also, Sec. 135.324 (Training Program: Special Rules) 
is amended by revising paragraph (b)(4) to change the reference from 
``Secs. 135.337 or 135.339'' to ``Secs. 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 
Sec. 142.21; however, because Sec. 142.21 was a reserved section, 
reference made to it under Sec. 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.

[[Page 13790]]

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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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;

[[Page 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:


Sec. 61.157  Airplane rating: Aeronautical skill (for parts 121 and 135 
use only).

* * * * *
    (g) Successful completion of a pilot-in-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 Sec. 135.293 of this 
chapter and Sec. 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:


Sec. 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.


Sec. 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:


Sec. 121.431  Applicability.

    (a) * * *
    (2) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Secs. 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.
* * * * *


Sec. 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 Sec. 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:


Sec. 135.324  Training program: Special Rules.

* * * * *
    (b) * * *
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Secs. 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.


Sec. 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:


Sec. 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